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Session Laws, 2004
Volume 801, Page 226   View pdf image
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2004 LAWS OF MARYLAND

2. If the court finds good cause not to terminate a case, the
court shall conduct a review hearing every 12 months until the case is terminated.

(2)     At the review hearing, the court shall:

(i) Determine the continuing necessity for and appropriateness of
the commitment;

(ii) Determine and document in its order whether reasonable
efforts have been made to finalize the permanency plan that is in effect;

(iii) Determine the extent of progress that has been made toward
alleviating or mitigating the causes necessitating commitment;

(iv) Project a reasonable date by which a child in placement may be
returned home, placed in a preadoptive home, or placed under a legal guardianship;

(v) Evaluate the safety of the child and take necessary measures to
protect the child; and

(vi) Change the permanency plan if a change in the permanency
plan would be in the child's best interest.

(3)     Every reasonable effort shall be made to effectuate a permanent
placement for the child within 24 months after the date of initial placement.

(i) (1) In this subsection, "preadoptive parent" means an individual whom a
child placement agency, as defined in § 5-301 of the Family Law Article, approves to
adopt a child who has been placed in the individual's home for adoption before the
final decree of adoption.

(2)     If practicable, the local department shall give at least 7 days' notice
before any hearing conducted under this section to the child's foster parent,
preadoptive parent, or relative providing care for the child.

(3)     The foster parent, preadoptive parent, relative, or an attorney for the
foster parent, preadoptive parent, or relative shall be given an opportunity to be
heard at the hearing.

(4)     The foster parent, preadoptive parent, relative, or attorney may not
be considered to be a party solely on the basis of the right to notice and opportunity to
be heard provided under this subsection.

(j) At a review hearing under this section, the court shall consider any written
report of a local out-of-home placement review board required under § 5-545 of the
Family Law Article.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an
emergency measure, is necessary for the immediate preservation of the public health

- 226 -

Ch. 31

 

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Session Laws, 2004
Volume 801, Page 226   View pdf image
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