Ch. 304                                    2004 LAWS OF MARYLAND

(c)      (1) The local department shall provide 24-hour a day care and
supportive services for a child who is committed to its custody or guardianship in an
out-of-home placement on a short-term basis or placed in accordance with a
voluntary placement agreement.

(2) (i) A child may not be committed to the custody or guardianship of
a local department and placed in an out-of-home placement solely because the child's
parent or guardian lacks shelter or solely because the child's parents are financially
unable to provide treatment or care for a child with a developmental disability or
mental illness.

(ii) The local department shall make appropriate referrals to
emergency shelter services and other services for the homeless family with a child
which lacks shelter.

(d)     (1) Unless a court orders that reasonable efforts are not required under §
3-812 of the Courts Article or § 5-313 of this title, reasonable efforts shall be made to
preserve and reunify families:

(i) prior to the placement of a child in an out-of-home placement,
to prevent or eliminate the need for removing the child from the child's home; and

(ii) to make it possible for a child to safely return to the child's
home.

(2)     In determining the reasonable efforts to be made and in making the
reasonable efforts described under paragraph (1) of this subsection, the child's safety
and health shall be the primary concern.

(3)     Reasonable efforts to place a child for adoption or with a legal
guardian may be made concurrently with the reasonable efforts described under
paragraph (1) of this subsection.

(4)     If continuation of reasonable efforts to reunify the child with the
child's parents or guardian is determined to be inconsistent with the permanency
plan for the child, reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanency plan and to complete the steps to finalize
the permanent placement of the child.

(e)     (1) In developing a permanency plan for a child in an out-of-home
placement, the local department of social services shall give primary consideration to
the best interests of the child. The local department shall consider the following
factors in determining the permanency plan that is in the best interests of the child:

(i) the child's ability to be safe and healthy in the home of the
child's parent;

(ii) the child's attachment and emotional ties to the child's natural
parents and siblings;

(iii) the child's emotional attachment to the child's current caregiver
and the caregiver's family;

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