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Martin O'Malley, Governor
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S.B. 579
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(i) Finalize the permanency plan in effect for the child; and
(ii) Meet the needs of the child, including the child's health,
education, safety, and preparation for independence.
(3) IN A HEARING CONDUCTED IN ACCORDANCE WITH § 3-815,
§ 3-817, OR § 3-819 OF THIS SUBTITLE, BEFORE DETERMINING WHETHER A
CHILD WITH A DEVELOPMENTAL DISABILITY OR A MENTAL ILLNESS IS A CHILD
IN NEED OF ASSISTANCE, THE COURT SHALL MAKE A FINDING WHETHER THE
LOCAL DEPARTMENT MADE REASONABLE EFFORTS TO PREVENT PLACEMENT OF
THE CHILD INTO THE LOCAL DEPARTMENT'S CUSTODY BY DETERMINING
WHETHER THE LOCAL DEPARTMENT COULD HAVE PLACED THE CHILD IN
ACCORDANCE WITH A VOLUNTARY PLACEMENT AGREEMENT UNDER
§ 5-525(A)(1)(I) OR (III) OF THE FAMILY LAW ARTICLE.
[(3)] (4) The court shall require a local department to provide
evidence of its efforts before the court makes a finding required under this subsection.
[(4)] (5) The court's finding under this subsection shall assess the
efforts made since the last adjudication of reasonable efforts and may not rely on
findings from prior hearings.
3-819.
(b) (1) In making a disposition on a CINA petition under this subtitle, the
court shall:
(i) Find that the child is not in need of assistance and, except as
provided in subsection (e) of this section, dismiss the case; [or]
(II) FIND THAT THE CHILD IS NOT IN NEED OF ASSISTANCE
AND ORDER THE LOCAL DEPARTMENT TO OFFER A VOLUNTARY PLACEMENT
AGREEMENT TO A CHILD WITH A DEVELOPMENTAL DISABILITY OR MENTAL
ILLNESS UNDER § 5-525(A)(1)(I) OR (III) OF THE FAMILY LAW ARTICLE HOLD
IN ABEYANCE A FINDING ON WHETHER A CHILD WITH A DEVELOPMENTAL
DISABILITY OR A MENTAL ILLNESS IS A CHILD IN NEED OF ASSISTANCE AND:
1. ORDER THE LOCAL DEPARTMENT TO ASSESS OR
REASSESS THE FAMILY AND CHILD'S ELIGIBILITY FOR PLACEMENT OF THE
CHILD IN ACCORDANCE WITH A VOLUNTARY PLACEMENT AGREEMENT UNDER §
5-525(A)(1)(I) OF THE FAMILY LAW ARTICLE;
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- 4319 -
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