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ROBERT L. EHRLICH, JR., Governor
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Ch. 464
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COMMITTEE NOTE: Subsection (a) of this section is new and added to allow
concise reference to the drugs referenced in former FL § 5-313(d)(1)(iv)1.
Subsections (b), (c), (d)(1) through (3) and (4)(i) and (ii)1, 2, and 4, (e), and
(f) of this section are derived from former FL § 5-313(b), (c), (d)(l)(i), (ii),
(iv), and (v) and (3) through (5), and the introductory language of (a), as
related to CINAs, and, in conjunction with new § 5-302, revised to apply
only to those CINAs committed to a local department.
Subsection (d)(4)(ii)3, (iii), and (iv) of this section is new and added for
completeness.
Subsection (g) of this section is new and added to delineate voluntary TPR
under this subtitle.
In subsections (b) through (d) and (f) of this section, the former word
"natural" is omitted, to reflect that the parental rights of a nonbiological,
i.e., adoptive - parent can be terminated in the same manner as a
biological parent's can. In subsection (d)(3)(ii)2 of this section, however, the
word "mother" is substituted for the former reference to a "natural parent",
to conform to subsection (d)(3)(ii)1 of this section.
In subsection (b) of this section, the phrase "after consideration of factors
as required in this section" is added to make note of the requirement under
subsection (d) of this section to consider certain factors unless exempted
under subsection (c) of this section.
Also in subsection (b) of this section, the phrase "over the child's objection"
is added to conform to new § 5-320(a)(1)(i).
Also in subsection (b) of this section, the former word "decree" is omitted.
Subsection (c) of this section is revised to obviate the need to consider
certain factors in instances of abandonment, based on the exception in "the
case of an abandoned child" in former FL § 5-313(c). Accordingly, the
introductory language of subsection (d) of this section, "[e]xcept as
provided in subsection (c) ...", is added.
Subsection (c)(2) of this section is revised to make the time limit for failure
to claim parentage run from adjudication rather than abandonment.
In subsection (c)(2) of this section, reference to "60 days" is substituted for
the former reference to "2 months", to allow easier calculation of the
period.
In subsections (d)(1) and (2)(i)2 and (e)(1) and (2) and the introductory
language to subsection (c) of this section, the newly defined term "local
department" is substituted for the former references to a "child placement
agency", "agency to which the child is committed", and "custodian", to
conform to the scope of this subtitle.
In the introductory language to subsection (d) of this section, the reference
- 2625 -
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