ROBERT L. EHRLICH, JR., Governor

Ch. 281

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article—Family Law

5-410.

(a) (1) Before a final decree of adoption is passed, the local department and
a prospective adoptive parent of an eligible child shall make a written agreement
regarding the subsidy.

(2) In the case of an eligible child who has special circumstances that
existed before the adoption but were not detected until after the adoption, the
agreement shall be made promptly after the local department approves the
application for a subsidy.

(b) A subsidy may commence either at the time of the placement for adoption
or at an appropriate time after the passage of the adoption decree.

(c) (1) The nature, amount, and duration of the subsidy shall be determined

by:

(i) the needs of the eligible child because of the eligible child's
special circumstances; and

(ii) the availability of other resources to meet the eligible child's
needs.

(2) The subsidy may be for a limited or a long period of time.

(3) The subsidy shall be in an amount that is not more than:

(i) the allowable amount for a child under foster family care in this
State, or if placement is in another state, the allowable amount for a child under
foster family care in that state, whichever is higher;

(ii) in the case of a medically fragile child [living in a treatment
foster care home, $2,000 per month], AN AMOUNT BASED ON THE ESTABLISHED COST
OF CARE OF ALL THE COSTS ASSOCIATED WITH THE CARE OF A CHILD IN FOSTER
CARE UP TO THE AMOUNT THE STATE PAID FOR THE COST OF CARE FOR:

1. TREATMENT FOSTER CARE, WHICH PROVIDES

TREATMENT IN A FAMILY SETTING, NOT TO EXCEED $10,000 PER MONTH; OR

2. RESIDENTIAL PLACEMENT, WHICH PROVIDES

TREATMENT IN A FACILITY, NOT TO EXCEED $10,000 PER MONTH; or

(iii) if the subsidy is for a special service, a reasonable fee for that
service.

(d) (1) If, under a subsidy agreement, the subsidy does not terminate in the
first year after the final decree of adoption is passed, the subsidy is subject to annual
reapplication, reevaluation, and reapproval by the local department.

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