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Session Laws, 2004
Volume 801, Page 225   View pdf image
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ROBERT L. EHRLICH, JR., Governor                              Ch. 31

1.       Adoption; or

2.       Custody and guardianship;
(iii) Adoption by a nonrelative;

(iv) Guardianship by a nonrelative;

(v) Continuation in a specified placement on a permanent basis
because of the child's special needs or circumstances;

(vi) Continuation in placement for a specified period because of the
child's special needs or circumstances; or

(vii) Independent living; and

(2) For a child who has attained the age of 16, determine the services
needed to assist the child to make the transition from placement to independent
living.

(f)      The court may not order a child to be continued in a placement under
subsection (e)(1)(v) or (vi) of this section unless the court finds that the. person or
agency to which the child is committed has documented a compelling reason for
determining that it would not be in the best interest of the child to:

(1)     Return home;

(2)     Be referred for termination of parental rights; or

(3)     Be placed for adoption or guardianship with a specified and
appropriate relative or legal guardian willing to care for the child.

(g)     In the case of a child for whom the court determines that the plan should
be changed to adoption under subsection (e)(1)(iii) of this section, the court shall:

(1)     Order the local department to file a petition for guardianship in
accordance with Title 5, Subtitle 3 of the Family Law Article within 30 days or, if the
local department does not support the plan, within 60 days; and

(2)     Schedule a TPR hearing instead of the next 6-month review hearing.

(h) (1) (i) Except as provided in subparagraphs (ii) and (iii) of this
paragraph, the court shall conduct a hearing to review the permanency plan at least
every 6 months until commitment is rescinded or a voluntary placement is
terminated.

(ii) The court shall conduct a review hearing every 12 months after
the court determines that the child shall be continued in out-of-home placement with
a specific caregiver who agrees to care for the child on a permanent basis.

(iii) 1. Unless the court finds good cause, a case shall be
terminated after the court grants custody and guardianship of the child to a relative
or other individual.

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Session Laws, 2004
Volume 801, Page 225   View pdf image
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