1938

LAWS OF MARYLAND

Ch. 296

(1)  THIS SECTION APPLIES ONLY TO INDEPENDENT
ADOPTIONS IN WHICH A NATURAL PARENT WITHHOLDS CONSENT.

(2)  THIS SECTION DOES NOT PERMIT A LICENSED OR
APPROVED FOSTER PARENT TO PETITION A COURT FOR ADOPTION OF A
CHILD WHO WAS PLACED WITH THE FOSTER PARENT BY A CHILD PLACEMENT
AGENCY UNLESS THE CHILD PLACEMENT AGENCY CONSENTS.

(B)  IN GENERAL.

WITHOUT THE CONSENT OF THE CHILD'S NATURAL PARENT, A COURT
MAY GRANT A DECREE OF ADOPTION TO A STEPPARENT, RELATIVE, OR
OTHER INDIVIDUAL WHO HAS EXERCISED PHYSICAL CARE, CUSTODY, OR
CONTROL OF A CHILD FOR AT LEAST 1 YEAR, IF BY CLEAR AND
CONVINCING EVIDENCE THE COURT FINDS THAT:

(1)  IT IS IN THE BEST INTEREST OF THE CHILD TO
TERMINATE THE NATURAL PARENT'S RIGHTS AS TO THE CHILD;

(2)  THE CHILD HAS BEEN OUT OF THE CUSTODY OF THE
NATURAL PARENT FOR AT LEAST 3 YEARS;

(3)  THE CHILD HAS DEVELOPED SIGNIFICANT FEELINGS
TOWARD AND EMOTIONAL TIES WITH THE PETITIONER; AND

(4)  THE NATURAL PARENT:

(I)  HAS NOT MAINTAINED MEANINGFUL CONTACT WITH
THE CHILD DURING THE TIME THE PETITIONER HAS HAD CUSTODY DESPITE
THE OPPORTUNITY TO DO SO;

(II)  HAS REPEATEDLY FAILED TO CONTRIBUTE TO THE
PHYSICAL CARE AND SUPPORT OF THE CHILD ALTHOUGH FINANCIALLY ABLE
TO DO SO; OR

(III)  HAS BEEN CONVICTED OF CHILD ABUSE OF THE
CHILD.

(C)  CONSIDERATIONS.

IN DETERMINING WHETHER IT IS IN THE BEST INTEREST OF THE
CHILD TO TERMINATE A NATURAL PARENT'S RIGHTS AS TO THE CHILD
UNDER THIS SECTION, THE COURT SHALL REQUEST:

(1)  AN INVESTIGATION BY AN APPROPRIATE AGENCY; AND

(2)  A REPORT OF THE INVESTIGATION THAT INCLUDES
SUMMARIES OF:

(I) THE CHILD'S FEELINGS TOWARD AND EMOTIONAL
TIES WITH THE CHILD'S NATURAL PARENTS, THE CHILD'S SIBLINGS, THE
PETITIONER, AND ANY OTHER INDIVIDUAL WHO MAY SIGNIFICANTLY AFFECT
THE CHILD'S BEST INTEREST;