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H.B. 1225
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VETOES
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(1) Placement is required to protect the child from serious immediate
danger;
(2) There is no parent, guardian, custodian, or other person able to
provide supervision; and
(3) (i) 1. The child's continued placement in the child's home is
contrary to the welfare of the child; and
2. Because of an alleged emergency situation, removal from
the home is reasonable under the circumstances to provide for the safety of the child;
or
(ii) 1. Reasonable [but unsuccessful] efforts have been made [to
prevent or eliminate] BUT HAVE BEEN UNSUCCESSFUL IN PREVENTING OR
ELIMINATING the need for removal from the child's home; and
2. As appropriate, reasonable efforts are being made to
return the child to the child's home.
(d) A court may continue shelter care beyond emergency shelter care only if
the court finds that:
(1) Return of the child to the child's home is contrary to the safety and
welfare of the child; and
(2) (i) Removal of the child from the child's home is necessary due to
an alleged emergency situation and in order to provide for the safety of the child; or
(ii) Reasonable [but unsuccessful] efforts were made [to prevent or
eliminate] BUT WERE UNSUCCESSFUL IN PREVENTING OR ELIMINATING the need for
removal of the child from the home.
(e) (1) If the court continues shelter care on the basis of an alleged
emergency, the court shall assess whether the absence of efforts to prevent removal
was reasonable.
(2) If the court finds that the absence of efforts to prevent removal was
not reasonable, the court shall make a written determination so stating.
(3) The court shall make a written determination as to whether
reasonable efforts are being made to make it possible to return the child to the child's
home or whether the absence of such efforts is reasonable.
3-816.1.
(A) THE PROVISIONS OF THIS SECTION APPLY TO A HEARING CONDUCTED IN
ACCORDANCE WITH § 3-815, § 3-817, § 3-819, OR § 3-823 OF THIS SUBTITLE OR A
REVIEW HEARING CONDUCTED IN ACCORDANCE WITH § 5-319 OF THE FAMILY LAW
ARTICLE IN WHICH A CHILD IS PLACED UNDER AN ORDER OF GUARDIANSHIP,
COMMITMENT, OR SHELTER CARE.
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- 4376 -
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