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2005 LAWS OF MARYLAND
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Ch. 464
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(4) (I) THE CHILD'S EMOTIONAL TIES WITH AND FEELINGS TOWARD
THE CHILD'S PARENTS, THE CHILD'S SIBLINGS, AND OTHERS WHO MAY AFFECT THE
CHILD'S BEST INTERESTS SIGNIFICANTLY;
(II) THE CHILD'S ADJUSTMENT TO:
1. COMMUNITY;
2. HOME;
3. PLACEMENT; AND
4. SCHOOL;
(III) THE CHILD'S FEELINGS ABOUT SEVERANCE OF THE
PARENT-CHILD RELATIONSHIP; AND
(IV) THE LIKELY IMPACT OF TERMINATING PARENTAL RIGHTS ON
THE CHILD'S WELL-BEING.
(E) WAIVER OF LOCAL DEPARTMENT'S OBLIGATION.
(1) A JUVENILE COURT SHALL CONSIDER THE EVIDENCE UNDER
SUBSECTION (D)(3)(I) AND (II) OF THIS SECTION AS TO A CONTINUING OR SERIOUS
ACT OR CONDITION AND MAY WAIVE A LOCAL DEPARTMENT'S OBLIGATIONS FOR
SERVICES DESCRIBED IN SUBSECTION (D)(1) OF THIS SECTION IF, AFTER
APPROPRIATE EVALUATION OF EFFORTS MADE AND SERVICES OFFERED, THE
JUVENILE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT A WAIVER IS
IN THE CHILD'S BEST INTERESTS.
(2) A JUVENILE COURT MAY WAIVE A LOCAL DEPARTMENT'S
OBLIGATIONS FOR SERVICES DESCRIBED IN SUBSECTION (D)(1) OF THIS SECTION IF
THE JUVENILE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT ONE OR
MORE OF THE ACTS OR CIRCUMSTANCES LISTED IN SUBSECTION (D)(3)(III), (IV), OR (V)
OF THIS SECTION EXISTS.
(3) IF A JUVENILE COURT WAIVES REUNIFICATION EFFORTS UNDER §
3-812(D) OF THE COURTS ARTICLE, THE JUVENILE COURT MAY NOT CONSIDER ANY
FACTOR UNDER SUBSECTION (D)(1) OF THIS SECTION.
(F) SPECIFIC FINDING REQUIRED.
IF A JUVENILE COURT FINDS THAT AN ACT OR CIRCUMSTANCE LISTED IN
SUBSECTION (D)(3)(III), (IV), OR (V) OF THIS SECTION EXISTS, THE JUVENILE COURT
SHALL MAKE A SPECIFIC FINDING, BASED ON FACTS IN THE RECORD, WHETHER
RETURN OF THE CHILD TO A PARENT'S CUSTODY POSES AN UNACCEPTABLE RISK TO
THE CHILD'S FUTURE SAFETY.
(G) CONSTRUCTION AS VOLUNTARY.
IF A PARENT HAS CONSENTED TO GUARDIANSHIP IN ACCORDANCE WITH §
5-320(A)(l)(III)1 OF THIS SUBTITLE, THE LOSS OF PARENTAL RIGHTS SHALL BE
CONSIDERED VOLUNTARY.
- 2624 -
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