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ROBERT L. EHRLICH, JR., Governor
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Ch. 464
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In subsection (d)(3)(iv)1 of this section, the more limited phrase "against a
minor offspring of the parent, the child, or another parent of the child" is
substituted for the former phrase "against the child, the other natural
parent of the child, another child of the natural parent, or any person who
resides in the household of the natural parent".
In subsection (e)(1) and (2) of this section, references to "services described
in subsection (d)(1) ..." are substituted for the cross-references to former
FL § 5-313(c), to identify the referenced obligations clearly.
In subsection (e)(1) of this section, the narrower reference to "subsection
(d)(3)(i) and (ii)" is substituted for the former reference to "paragraph (l)(i)
through (iv)", to exclude the provision as to parental disability - now
revised in subsection (d)(2)(iii) of this section - and the requirement for a
determination as to repeated failure to clothe etc. a child, under FL §
5-313(d)(l)(iii), which is omitted as included in determinations as to CINA
status and financial ability.
Also in subsection (e)(1) of this section, reference to services "offered" is
substituted for the former reference to services "rendered", to allow
evidence of a refusal to accept services.
Subsection (e)(2) of this section is revised to allow, rather than require,
waiver, to ensure that services that a court considers in a child's best
interests can be continued.
Former FL § 5-313(a)(l) through (3), which allowed adjudication as a
CINA or "a neglected child, an abused child, or a dependent child", or
abandonment as an alternative basis for nonconsensual TPR, is omitted in
light of the limited scope of this subtitle under new § 5-302.
Former FL § 5-313(d)(2), which barred nonprovision of medical treatment
based on religious belief from constituting negligent parenting, is omitted.
As to "minor", see Art. 1, § 24 of the Code.
Defined terms: "Caregiver" § 5-301
"Child" § 5-301
"Child in need of assistance" § 1-101
"Crime of violence" § 5-101
"Disability" § 5-101
"Drug" § 5-323
"Guardianship" § 5-301
"Includes" § 1-101
"Including" § 1-101
"Juvenile court" § 1-101
- 2627 -
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