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ROBERT L. EHRLICH, JR., Governor
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Ch. 576
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(ii) who are abused, abandoned, neglected, or dependent, if a
juvenile court:
1. has determined that continued residence in the child's
home is contrary to the child's welfare; and
2. has committed the child to the custody or guardianship of
a local department; or
(iii) who, with the approval of the Administration, are placed in an
out-of-home placement by a local department under a voluntary placement
agreement subject to paragraph (2) of this subsection.
(2) (i) A local department may not seek legal custody of a child under
a voluntary placement agreement if the child has a developmental disability or a
mental illness and the purpose of the voluntary placement agreement is to obtain
treatment or care related to the child's disability that the parent is unable to provide.
(ii) A child described in subparagraph (i) of this paragraph may
remain in an out-of-home placement under a voluntary placement agreement for
more than 180 days if the child's disability necessitates care or treatment in the
out-of-home placement and a juvenile court makes a finding that continuation of the
placement is in the best interests of the child.
(e) (1) In developing a permanency plan for a child in an out-of-home
placement, the local department of social services shall give primary consideration to
the best interests of the child. The local department shall consider the following
factors in determining the permanency plan that is in the best interests of the child:
(i) the child's ability to be safe and healthy in the home of the
child's parent;
(ii) the child's attachment and emotional ties to the child's natural
parents and siblings;
(iii) the child's emotional attachment to the child's current caregiver
and the caregiver's family;
(iv) the length of time the child has resided with the current
caregiver;
(v) the potential emotional, developmental, and educational harm
to the child if moved from the child's current placement; and
(vi) the potential harm to the child by remaining in State custody
for an excessive period of time.
(2) To the extent consistent with the best interests of the child in an
out-of-home placement, the local department shall consider the following
permanency plans, in descending order of priority:
(i) returning the child to the child's parent or guardian, unless the
department is the guardian;
- 3287 -
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