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

(iv) the length of time the child has resided with the current
caregiver;

(v) the potential emotional, developmental, and educational harm
to the child if moved from the child's current placement; and

(vi) the potential harm to the child by remaining in State custody
for an excessive period of time.

(2)     To the extent consistent with the best interests of the child in an
out-of-home placement, the local department shall consider the following
permanency plans, in descending order of priority:

(i) returning the child to the child's parent or guardian, unless the
department is the guardian;

(ii) placing the child with relatives to whom adoption,
guardianship, or care and custody, in descending order of priority, are planned to be
granted;

(iii) adoption in the following descending order of priority:

1.       by a current foster parent with whom the child has resided
continually for at least the 12 months prior to developing the permanency plan or for
a sufficient length of time to have established positive relationships and family ties;
or

2.       by another approved adoptive family;

(iv) placing the child in a court approved permanent foster home
with a specific caregiver;

(v) an independent living arrangement; or

(vi) long-term foster care.

(3)      SUBJECT TO PARAGRAPHS (1) AND (2) OF THIS SUBSECTION AND TO
THE EXTENT CONSISTENT WITH THE BEST INTERESTS OF A CHILD IN AN
OUT-OF-HOME PLACEMENT, IN DETERMINING A PERMANENCY PLAN, THE LOCAL
DEPARTMENT SHALL CONSIDER THE FOLLOWING IN DESCENDING ORDER OF
PRIORITY:

(I)      PLACEMENT OF THE CHILD IN THE LOCAL JURISDICTION
WHERE THE CHILD'S PARENT OR GUARDIAN RESIDES; OR

(II)     IF THE LOCAL DEPARTMENT FINDS, BASED ON A COMPELLING
REASON, THAT PLACEMENT OF THE CHILD AS DESCRIBED IN ITEM (I) OF THIS
PARAGRAPH IS NOT IN THE BEST INTEREST OF THE CHILD, PLACEMENT OF THE
CHILD IN ANOTHER JURISDICTION IN THE STATE AFTER CONSIDERING:

1. THE NUMBER OF OTHER CHILDREN IN OUT OF HOME
PLACEMENTS IN PROXIMITY TO THE CURRENT OR PROPOSED OUT OF HOME
PLACEMENT;

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