1956

LAWS OF MARYLAND

Ch. 296

In subsection (a) of this section, the former clause
that provided that this section applies to adoptions
before, on, or after July 1, 1976, is deleted as
unnecessary.

In subsection (b) of this section, the phrase "child
placement agency" is substituted for the former phrase
"public or private adoption agency" for consistency
with the language used in Subtitle 3 of this title.

Defined terms: "Eligible child" § 5-401
"Subsidy" § 5-401

5-409. APPLICATION.

(A)   FILING.

TO APPLY FOR A SUBSIDY ON BEHALF OF AN ELIGIBLE CHILD, AN
INDIVIDUAL WHO IS A PROSPECTIVE ADOPTIVE PARENT OF THE ELIGIBLE
CHILD SHALL FILE AN APPLICATION FOR A SUBSIDY WITH THE LOCAL
DEPARTMENT.

(B)  EVIDENCE TO BE APPENDED.

(1)  THE DIRECTOR OF THE LOCAL DEPARTMENT SHALL APPEND
TO THE APPLICATION EVIDENCE OF INABILITY, AFTER ALL REASONABLE
EFFORTS, TO PLACE THE ELIGIBLE CHILD, WITHOUT A SUBSIDY, WITH AN
APPROPRIATE ADOPTIVE PARENT BECAUSE OF THE SPECIAL CIRCUMSTANCES.

(2)   IF THE DIRECTOR OF THE LOCAL DEPARTMENT
DETERMINES THAT THE ELIGIBLE CHILD HAS ESTABLISHED EMOTIONAL TIES
WITH A PROSPECTIVE ADOPTIVE PARENT WHO IS THE CHILD'S FOSTER
PARENT, EVIDENCE OF EFFORTS TO PLACE THE CHILD WITH ANOTHER
PROSPECTIVE ADOPTIVE PARENT IS NOT REQUIRED.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from the third, fourth, and
fifth sentences of former Article 16, § 88D.

In subsection (b) of this section, the references to
the director of the local department are added for
clarity and to conform to practice.

Defined terms: "Eligible child" § 5-401
"Local department" § 5-401 "Subsidy" § 5-401

5-410. SUBSIDY AGREEMENT.

(A) TIME FOR MAKING AGREEMENT.

(1) BEFORE A FINAL DECREE OF ADOPTION IS PASSED, THE
LOCAL DEPARTMENT AND A PROSPECTIVE ADOPTIVE PARENT OF AN ELIGIBLE
CHILD SHALL MAKE A WRITTEN AGREEMENT REGARDING THE SUBSIDY.