Ch. 11

1995 LAWS OF MARYLAND

Article - Courts and Judicial Proceedings

3-802.

(a)     The purposes of this subtitle are:

(1)     To provide for the care, protection, and wholesome mental and physical
development of children coming within the provisions of this subtitle; and to provide for
a program of treatment, training, and rehabilitation consistent with the child's best
interests and the protection of the public interest;

(2)     To remove from children committing delinquent acts the taint of
criminality and the consequences of criminal behavior;

(3)     To conserve and strengthen the child's family ties and to separate a child
from his parents only when necessary for his welfare or in the interest of public safety;

(4)     TO HOLD PARENTS OF CHILDREN FOUND TO BE IN NEED OF
ASSISTANCE RESPONSIBLE, WHERE POSSIBLE, FOR REMEDYING THE
CIRCUMSTANCES THAT REQUIRED THE COURT'S INTERVENTION;

[(4)] (5) If necessary to remove a child from his home, to secure for him
custody, care, and discipline as nearly as possible equivalent to that which should have
been given by his parents; AND

[(5)](6) To provide judicial procedures for carrying out the provisions of
this subtitle.

(b)     This subtitle shall be liberally construed to effectuate these purposes.

3-820.

(K) IN A CHILD IN NEED OF ASSISTANCE CASE, IF THE DISPOSITION INCLUDES
REMOVAL OF THE CHILD FROM THE HOME, THE COURT SHALL ISSUE AN ORDER:

(1)      MAKING SPECIFIC FINDINGS OF FACT AS TO THE CIRCUMSTANCES
THAT CAUSED THE NEED FOR THE REMOVAL; AND

(2)      INFORMING THE PARENT PARENTS THAT THE AGENCY OR
DEPARTMENT HAVING COMMITMENT OF THE CHILD MAY CHANGE THE
PERMANENCY PLAN OF REUNIFICATION TO ANOTHER PERMANENCY PLAN WHICH
MAY INCLUDE THE FILING OF A PETITION FOR TERMINATION OF PARENTAL RIGHTS
IF:

(I)      THE PARENTS HAVE NOT MADE SUBSTANTIAL SIGNIFICANT
PROGRESS TO REMEDY THE CIRCUMSTANCES THAT CAUSED THE NEED FOR THE
REMOVAL AS SPECIFIED IN THE COURT ORDER; AND

(II)     THE PARENTS ARE NOT WILLING OR ABLE UNWILLING OR
UNABLE TO GIVE THE CHILD PROPER CARE AND ATTENTION WITHIN A
REASONABLE PERIOD OF TIME.

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