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PARRIS N. GLENDENING, Governor
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Ch. 441
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(2) COMMENCE A THOROUGH SEARCH OF THE MISSING CHILDREN
INFORMATION CLEARINGHOUSE AND STATE AND NATIONAL RESOURCES LISTING
MISSING CHILDREN TO ENSURE THAT THE RELINQUISHED NEWBORN HAS NOT BEEN
REPORTED MISSING.
(C) AFTER DETERMINING THAT THE NEWBORN HAS NOT BEEN REPORTED
MISSING, AND AS SOON AS PRACTICABLE FOLLOWING AN INITIAL 30-DAY
PLACEMENT PERIOD, THE LOCAL DEPARTMENT SHALL FILE A PETITION TO
TERMINATE THE PARENTAL RIGHTS OF THE RELINQUISHED NEWBORN IN
ACCORDANCE WITH § 5-313 OF THIS TITLE.
(D) A HOSPITAL THAT ACCEPTS A NEWBORN UNDER THIS SUBTITLE OR AN
EMPLOYEE OR AGENT OF THE HOSPITAL SHALL BE IMMUNE FROM CIVIL LIABILITY
FOR GOOD FAITH ACTIONS TAKEN RELATED TO THE RELINQUISHMENT OF OR
MEDICAL TREATMENT AND CARE OF THE NEWBORN UNLESS DAMAGE OR INJURY TO
THE NEWBORN WAS CAUSED BY WILLFUL OR WANTON MISCONDUCT OR GROSS
NEGLIGENCE.
5-7B-03.
(A) A NATURAL PARENT WHO HAS NOT PARTICIPATED IN THE
RELINQUISHMENT OF A NEWBORN MAY NOTIFY THE LOCAL DEPARTMENT OF THAT
PARENT'S INTENT TO RETAIN PARENTAL RIGHTS WITHIN 30 DAYS AFTER THE DATE
OF THE RELINQUISHMENT.
(B) A NATURAL PARENT WHO HAS RELINQUISHED A NEWBORN MAY REVOKE
THAT PARENT'S INTENT TO RELINQUISH THE NEWBORN BY NOTIFYING THE LOCAL
DEPARTMENT WITHIN 30 DAYS AFTER THE DATE OF RELINQUISHMENT.
(C) (1) IF A CLAIM OF PARENTAL RIGHTS IS MADE BEFORE INVOLUNTARY
TERMINATION UNDER § 5-313 OF THIS TITLE, THE COURT MAY STAY THE ACTION FOR
INVOLUNTARY TERMINATION FOR A PERIOD NOT TO EXCEED 60 DAYS.
(2) IN DETERMINING WHETHER IT IS IN THE BEST INTEREST OF THE
CHILD TO RETURN THE CHILD TO THE OBJECTING PARENT DURING THE STAY:
(I) THE COURT SHALL ORDER GENETIC TESTING TO ESTABLISH
MATERNITY OR PATERNITY; AND
(II) THE LOCAL DEPARTMENT SHALL CONDUCT AN INVESTIGATION
AND HOME EVALUATION TO DEVELOP RECOMMENDATIONS FOR THE COURT.
(D) THE COURT SHALL MAKE A SPECIFIC FINDING, BASED ON THE FACTS IN
THE RECORD, AS TO WHETHER OR NOT THE RETURN OF THE CHILD TO THE CUSTODY
OF THE NATURAL PARENT POSES AN UNACCEPTABLE RISK TO THE FUTURE AND
SAFETY OF THE CHILD.
6-7B-04.
THE SECRETARY OF HUMAN RESOURCES SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SUBTITLE, INCLUDING REGULATIONS TO
PROTECT THE HEALTH AND WELFARE OF NEWBORNS RELINQUISHED UNDER THIS
SUBTITLE.
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- 3627 -
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