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Ch. 464 2005 LAWS OF MARYLAND
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to "ruling on a petition" is substituted for the former reference to
"determining whether it is in the best interests of the child to terminate a
natural parent's rights as to the child in any case", for brevity.
In subsection (d)(2)(i)1 of this section, the former reference to contact with
a child "under a plan to reunite" a parent and child and the former bar
against affording significance to an "incidental visit... or contribution" are
omitted.
In subsection (d)(2)(i)3 of this section, the phrase "if feasible" is added, to
reflect that a caregiver may preclude contact.
Also in subsection (d)(2)(i)3 of this section, the newly defined word
"caregiver" is substituted for the former reference to a "custodian".
In subsection (d)(2)(ii) of this section, the words "substitute physical" are
deleted from, and the defined term "support" is substituted for
"maintenance", in the former reference to "substitute physical care and
maintenance".
In subsection (d)(2)(iv) of this section, reference to an extension of time by
a juvenile court is added, and the former bar against consideration of the
inducement afforded by a continued relationship is deleted.
In subsection (d)(3)(i) of this section, the word "minor" is substituted for
the former reference to "any child in the family", to make the referenced
abuse or neglect applicable to anyone under the age of 18 years regardless
of relationship to the CINA.
Also in subsection (d)(3)(i) of this section, reference to a determination of
the "seriousness" of the abuse or neglect is substituted for the former
reference to a determination as "continuing or serious", as more
appropriate in light of the gamut of potential abuse or neglect and the
requirements in former FL § 5-313(d)(3) - new subsection (e)(1) of this
section.
Subsection (d)(3)(ii)1 of this section is revised so that a "toxicology" test is
required to determine exposure, as well as status of the mother on
admission.
In subsection (d)(3)(ii)2 of this section, reference to "a qualified addictions
specialist ... or ... physician or psychologist" is added to ensure a parent is
held to a recommendation only of a qualified counselor. As initially enacted
by Chapters 367 and 368, Acts of 1997, the requirement would apply only
if $1.7 million was appropriated to pay for recommended treatment for
indigent mothers. The Committee believes the availability of money should
determine the application of this requirement from year to year.
Also in subsection (d)(3)(ii)2 of this section, the former reference to
"fail[ing] to fully participate" is omitted as included in the reference to
refusal.
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