ROBERT L. EHRLICH, JR., Governor                             Ch. 250

(R) "VOLUNTARY PLACEMENT AGREEMENT" MEANS A BINDING, WRITTEN
AGREEMENT VOLUNTARILY ENTERED INTO BETWEEN A LOCAL DEPARTMENT AND
THE PARENT OR LEGAL GUARDIAN OF A MINOR CHILD WITH AN EMOTIONAL,
PHYSICAL, OR DEVELOPMENTAL DISABILITY THAT PROVIDES THAT LEGAL CUSTODY
DOES NOT TRANSFER TO THE LOCAL DEPARTMENT AND THAT SPECIFIES, AT A
MINIMUM, THE LEGAL STATUS OF THE CHILD AND THE RIGHTS AND OBLIGATIONS
OF THE PARENT OR LEGAL GUARDIAN, THE CHILD, AND THE LOCAL DEPARTMENT
WHILE THE CHILD IS IN PLACEMENT.

5-525.

(a) (1) The Administration shall establish a program of out-of-home
placement for minor children:

[(1)] (I) who are placed in the custody of a local department, for a period
of not more than 6 months 180 DAYS, by a parent or legal guardian under a written
agreement voluntarily entered into with the local department; VOLUNTARY
PLACEMENT AGREEMENT; [or]

[(2)] (II) who are abused, abandoned, neglected, or dependent, if a
juvenile court:

[(i)] 1. has determined that continued residence in the child's
home is contrary to the child's welfare; and

[(h)] 2. has committed the child to the custody or guardianship of
a local department; OR

(III) WHO ARE PLACED WITH A LOCAL DEPARTMENT UNDER A
VOLUNTARY PLACEMENT AGREEMENT WHO, WITH THE APPROVAL OF THE
ADMINISTRATION, ARE PLACED IN AN OUT-OF-HOME PLACEMENT BY A LOCAL
DEPARTMENT UNDER A VOLUNTARY PLACEMENT AGREEMENT SUBJECT TO
PARAGRAPH (2) OF THIS SUBSECTION.

(2) (I) THE LOCAL DEPARTMENT MAY NOT SEEK LEGAL CUSTODY OF
A CHILD WITH AN EMOTIONAL, PHYSICAL, OR DEVELOPMENTAL DISABILITY WHO IS
PLACED IN AN OUT OF HOME PLACEMENT UNDER A VOLUNTARY PLACEMENT
AGREEMENT IF THE PURPOSE OF THE PLACEMENT IS TO OBTAIN TREATMENT OR
CARE RELATED TO THE CHILD'S DISABILITY THAT THE PARENT IS UNABLE TO
PROVIDE.

(II) A CHILD DESCRIBED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH MAY REMAIN IN AN OUT OF HOME PLACEMENT UNDER A VOLUNTARY
PLACEMENT AGREEMENT FOR MORE THAN 6 MONTHS IF THE CHILD'S DISABILITY
NECESSITATES CARE OR TREATMENT IN THE OUT OF HOME PLACEMENT FOR MORE
THAN 6 MONTHS AND THE JUVENILE COURT DETERMINES, UNDER § 3-819.1 OF THE
COURTS ARTICLE, THAT CONTINUATION OF THE PLACEMENT IS IN THE BEST
INTERESTS OF THE CHILD A LOCAL DEPARTMENT MAY NOT SEEK LEGAL CUSTODY
OF A CHILD UNDER A VOLUNTARY PLACEMENT AGREEMENT IF THE CHILD HAS A
DEVELOPMENTAL DISABILITY OR A MENTAL ILLNESS AND THE PURPOSE OF THE

- 2101 -