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ROBERT L. EHRLICH, JR., Governor H.B. 1225
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(B) (1) IN A HEARING CONDUCTED IN ACCORDANCE WITH § 3-815, § 3-817, §
3-819, OR § 3-823 OF THIS SUBTITLE, THE COURT SHALL MAKE A FINDING WHETHER
THE LOCAL DEPARTMENT MADE REASONABLE EFFORTS TO PREVENT PLACEMENT
OF THE CHILD INTO THE LOCAL DEPARTMENT'S CUSTODY.
(2) IN A REVIEW HEARING CONDUCTED IN ACCORDANCE WITH § 3-823
OF THIS SUBTITLE OR § 5-319 OF THE FAMILY LAW ARTICLE, THE COURT SHALL
MAKE A FINDING WHETHER A LOCAL DEPARTMENT MADE REASONABLE EFFORTS
TO:
(I) FINALIZE THE PERMANENCY PLAN IN EFFECT FOR THE CHILD;
AND
(II) MEET THE NEEDS OF THE CHILD, INCLUDING THE CHILD'S
HEALTH, EDUCATION, SAFETY, AND PREPARATION FOR INDEPENDENCE.
(3) THE COURT SHALL REQUIRE A LOCAL DEPARTMENT TO PROVIDE
EVIDENCE OF ITS EFFORTS BEFORE THE COURT MAKES A FINDING REQUIRED
UNDER THIS SUBSECTION.
(4) THE COURT'S FINDING UNDER THIS SUBSECTION SHALL ASSESS THE
EFFORTS MADE SINCE THE LAST ADJUDICATION OF REASONABLE EFFORTS AND MAY
NOT RELY ON FINDINGS FROM PRIOR HEARINGS.
(C) IN MAKING ITS FINDINGS IN ACCORDANCE WITH SUBSECTION (B) OF THIS
SECTION, THE COURT SHALL CONSIDER:
(1) THE EXTENT TO WHICH A LOCAL DEPARTMENT HAS COMPLIED WITH
THE LAW, REGULATIONS, STATE OR FEDERAL COURT ORDERS, OR A STIPULATED
AGREEMENT ACCEPTED BY THE COURT REGARDING THE PROVISION OF SERVICES TO
A CHILD IN AN OUT-OF-HOME PLACEMENT;
(2) WHETHER A LOCAL DEPARTMENT HAS ENSURED THAT:
(I) A CASEWORKER IS PROMPTLY ASSIGNED TO AND ACTIVELY
RESPONSIBLE FOR THE CASE AT ALL TIMES;
(II) THE IDENTITY OF THE CASEWORKER HAS BEEN PROMPTLY
COMMUNICATED TO THE COURT AND THE PARTIES; AND
(III) THE CASEWORKER IS KNOWLEDGEABLE ABOUT THE CASE AND
HAS RECEIVED ON A TIMELY BASIS ALL PERTINENT FILES AND OTHER
INFORMATION AFTER RECEIVING THE ASSIGNMENT FROM THE LOCAL
DEPARTMENT;
(3) FOR A HEARING UNDER § 3-823 OF THIS SUBTITLE, WHETHER A
LOCAL DEPARTMENT HAS PROVIDED APPROPRIATE SERVICES THAT FACILITATE THE
ACHIEVEMENT OF A PERMANENCY PLAN FOR THE CHILD;
(4) WHETHER THE CHILD'S PLACEMENT HAS BEEN STABLE AND IN THE
LEAST RESTRICTIVE SETTING APPROPRIATE, AVAILABLE, AND ACCESSIBLE FOR THE
CHILD DURING THE PERIOD SINCE THE MOST RECENT HEARING HELD BY THE
COURT;
- 4377 -
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