ROBERT L. EHRLICH, JR., Governor                             Ch. 304

5-510.1.

PRIOR TO ISSUING A LICENSE FOR A CHILD CARE HOME OR A LICENSE FOR A
CHILD CARE INSTITUTION, THE DEPARTMENT SHALL CONSIDER THE LOCATION OF
THE CHILD CARE HOME OR CHILD CARE INSTITUTION TO AVOID OVERSATURATION
OF CHILD CARE HOMES OR CHILD CARE INSTITUTIONS IN LOCAL JURISDICTIONS IN
THE STATE.

5-525.

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

(i) who are placed in the custody of a local department, for a period
of not more than 180 days, by a parent or legal guardian under a voluntary placement
agreement;

(ii) who are abused, abandoned, neglected, or dependent, if a
juvenile court:

1.       has determined that continued residence in the child's
home is contrary to the child's welfare; and

2.       has committed the child to the custody or guardianship of
a local department; or

(iii) 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) 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 voluntary placement agreement 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 180 days if the child's disability necessitates care or treatment in the
out-of-home placement and a juvenile court makes a finding that continuation of the
placement is in the best interests of the child.

(b)     In establishing the out-of-home placement program the Administration
shall:

(1)     provide time-limited family reunification services to a child placed in
an out-of-home placement and to the parents or guardian of the child, in order to
facilitate the child's safe and appropriate reunification within a timely manner; and

(2)     concurrently develop and implement a permanency plan that is in the
best interests of the child.

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