Ch. 283

LAWS OF MARYLAND

(6) ALL SERVICES OFFERED TO THE NATURAL PARENT BEFORE

THE PLACEMENT OF THE CHILD, WHETHER OFFERED BY THE AGENCY TO

WHICH THE CHILD IS COMMITTED OR BY OTHER AGENCIES OR
PROFESSIONALS.

(d) (1) In determining whether it is in the best interest
of the child to terminate a natural parent's rights as to the
child in a case involving a child who has been adjudicated to be
a child in need of assistance, a neglected child, an abused
child, or a dependent child, the court shall consider the factors
in subsection (c) of this section and whether any of the
following continuing or serious conditions or acts exist:

(i) the natural parent has a disability that
renders the natural parent consistently unable to care for the
immediate and ongoing physical or psychological needs of the
child for. long periods of time;

(ii) the natural parent has committed acts of
abuse or neglect toward any child in the family; or

(iii) the natural parent has failed repeatedly
to give the child adequate food, clothing, shelter, and education
or any other care or control necessary for the child's physical,
mental, or emotional health, even though the natural parent is
physically and financially able.

(2)  If a natural parent does not provide specified
medical treatment for a child because the natural parent is
legitimately practicing religious beliefs, that reason alone does
not make the natural parent a negligent parent.

(3)  THE COURT SHALL CONSIDER THE EVIDENCE UNDER
PARAGRAPH (1) OF THIS SUBSECTION REGARDING CONTINUING OR SERIOUS
CONDITIONS OR ACTS AND MAY WAIVE THE CHILD PLACEMENT AGENCY'S
OBLIGATIONS UNDER SUBSECTION (C) OF THIS SECTION IF THE COURT,
AFTER APPROPRIATE EVALUATION OF EFFORTS MADE AND SERVICE'S
RENDERED, FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE WAIVER
OF THOSE OBLIGATIONS IS IN THE BEST INTEREST OF THE CHILD.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or
interpreted to have any effect upon or application to any
adoption or guardianship for which a final decree was entered
before July 1, 1987, nor to any adoption or guardianship in which
a petition has been filed, but proceedings are pending as of July
1, 1987. However the amendment by this Act of provisions of law
in effect prior to the effective date of this Act may not be
construed to preclude the application of those provisions of law
to any adoption or guardianship for which a final decree was
entered before July 1, 1987, nor to any adoption or guardianship
proceeding pending as of the effective date of this Act.

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