WILLIAM DONALD SCHAEFER, Governor

Ch. 575

Article - Family Law

Section 5-525(c)

Annotated Code of Maryland

(1991 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-525.

(c) (1) In developing a permanency plan [that is in the best interests of] FOR
a child under foster care, THE LOCAL DEPARTMENT OF SOCIAL SERVICES SHALL GIVE
PRIMARY CONSIDERATION TO THE BEST INTERESTS OF THE CHILD. THE LOCAL
DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS IN DETERMINING THE
PERMANENCY PLAN THAT IS IN THE BEST INTERESTS OF THE CHILD:

(I) THE CHILD'S ATTACHMENT AND EMOTIONAL TIES TO THE
CHILD'S NATURAL PARENTS AND SIBLINGS:

(I) (II) THE CHILD'S EMOTIONAL ATTACHMENT TO THE CHILD'S
CURRENT AND POTENTIAL CAREGIVERS AND THE CAREGIVERS' FAMILIES
CAREGIVER AND THE CAREGIVER'S FAMILY;

(II) (III) THE LENGTH OF TIME THE CHILD HAS RESIDED WITH
THE CURRENT AND POTENTIAL CAREGIVERS CAREGIVER;

(III) THE CHILD'S ATTACHMENT AND EMOTIONAL TIES TO THE
CHILD'S NATURAL PARENTS AND SIBLINGS;

(IV)    THE POTENTIAL EMOTIONAL, DEVELOPMENTAL, OR AND
EDUCATIONAL HARM TO THE CHILD IF MOVED FROM THE CHILD'S CURRENT
PLACEMENT; AND

(V)     THE POTENTIAL HARM TO THE CHILD BY REMAINING IN STATE
CUSTODY FOR AN EXCESSIVE PERIOD OF TIME.

(2) TO THE EXTENT CONSISTENT WITH THE BEST INTERESTS OF THE
CHILD UNDER FOSTER CARE, the local department shall consider the following
PERMANENCY PLANS, in descending order of priority:

[(1)](I) returning the child to the child's parent or guardian, unless the
department is the guardian;

[(2)] (II) placing the child with relatives to whom adoption, guardianship, or
care and custody, in descending order of priority, are planned to be granted;

[(3)] (III) adoption in the following descending order of priority:

[(i)] 1. by a current foster parent with whom the child has resided
continually for at least the 12 months prior to developing the permanency plan or for a
sufficient length of time to have established positive relationships and family ties; or

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