ROBERT L. EHRLICH, JR., Governor                               Ch. 49

agency to which the child is committed has documented a compelling reason for
determining that it would not be in the best interest of the child to:

(1)     Return home;

(2)     Be referred for termination of parental rights; or

(3)     Be placed for adoption or guardianship with a specified and
appropriate relative or legal guardian willing to care for the child.

(g) In the case of a child for whom the court determines that the plan should
be changed to adoption under subsection (e)(1)(iii) of this section, the court shall:

(1)     Order the local department to file a petition for guardianship in
accordance with Title 5, Subtitle 3 of the Family Law Article within 30 days or, if the
local department does not support the plan, within 60 days; and

(2)     Schedule a TPR hearing instead of the next 6-month review hearing.

(h) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this
paragraph, the court shall conduct a hearing to review the permanency plan at least
every 6 months until commitment is rescinded.

(ii) The court shall conduct a review hearing every 12 months after
the court determines that the child shall be continued in out-of-home placement with
a specific caregiver who agrees to care for the child on a permanent basis.

(iii) 1. Unless the court finds good cause, a case shall be
terminated after the court grants custody and guardianship of the child to a relative
or other individual.

2. If the court finds good cause not to terminate a case, the
court shall conduct a review hearing every 12 months until the case is terminated.

(2) At the review hearing, the court shall:

(i) Determine the continuing necessity for and appropriateness of
the commitment;

(ii) Determine [the extent of compliance] AND DOCUMENT IN ITS
ORDER WHETHER REASONABLE EFFORTS HAVE BEEN MADE TO FINALIZE [with] the
permanency plan THAT IS IN EFFECT;

(iii) Determine the extent of progress that has been made toward
alleviating or mitigating the causes necessitating commitment;

(iv) Project a reasonable date by which a child in placement may be
returned home, placed in a preadoptive home, or placed under a legal guardianship;

(v) Evaluate the safety of the child and take necessary measures to
protect the child; and

(vi) Change the permanency plan if a change in the permanency
plan would be in the child's best interest.

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