Ch. 368 1997 LAWS OF MARYLAND

(1) [He] THE CHILD is mentally handicapped or is not receiving ordinary
and proper care and attention, and

(2) [His] THE CHILD'S parents, guardian, or custodian are unable or
unwilling to give proper care and attention to the child and [his] THE CHILD'S problems
provided, however, a child shall not be deemed to be in need of assistance for the sole
reason [he] THAT THE CHILD is being furnished nonmedical remedial care and
treatment recognized by State law.

3-801.1.

THERE IS A PRESUMPTION THAT A CHILD IS NOT RECEIVING ORDINARY AND
PROPER CARE AND ATTENTION UNDER § 3-801(E)(1) OF THIS SUBTITLE IF THE CHILD:

(1) WAS BORN ADDICTED TO OR DEPENDENT ON COCAINE HEROIN, OR
A DERIVATIVE THEREOF; OR

(2) WAS BORN WITH A SIGNIFICANT PRESENCE OF COCAINE. HEROIN.
OR A DERIVATIVE THEREOF IN THE CHILD'S BLOOD AS EVIDENCED BY
TOXICOLOGY OR OTHER APPROPRIATE TESTS.

Article - Family Law

5-313.

(a) A court may grant a decree of adoption or a decree of guardianship, without
the consent of a natural parent otherwise required by §§ 5-311 and 5-317 of this subtitle,
if the court finds by clear and convincing evidence that it is in the best interest of the child
to terminate the natural parent's rights as to the child and that:

(1) the child is abandoned as provided in subsection (b) of this section;

(2) in a prior juvenile proceeding, the child has been adjudicated to be a
child in need of assistance, a neglected child, an abused child, or a dependent child; or

(3) the following set of circumstances exists:

(i) the child has been continuously out of the custody of the natural
parent, and in the custody of a child placement agency for at least 1 year;

(ii) the conditions that led to the separation from the natural parent
still exist or similar conditions of a potentially harmful nature still exist;

(iii) there is little likelihood that those conditions will be remedied at
an early date so that the child can be returned to the natural parent in the immediate
future; and

(iv) a continuation of the relationship between the natural parent and
the child would diminish greatly the child's prospects for early integration into a stable
and permanent family.

(c) In determining whether it is in the best interest of the child to terminate a
natural parent's rights as to the child in any case, except the case of an abandoned child,
the court shall consider:

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