reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3A - Private Agency Guardianship and Adoption › Part IV - Access to Adoption Records › Section 5-3A-41 - Urgently Needed Medical Information

(a)    If, after a hearing on petition of an adoptee or former parent, a court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in agency and court records, the court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.
(b)    An intermediary appointed under this section:
(1)    only may advise an adoptee or former parent of the need for medical information; and
(2)    may not:
(i)    reveal any identifying information about an adoptee or former parent; or
(ii)    try, in any manner, to encourage or discourage contact between an adoptee and former parent.
(c)    An intermediary appointed under this section shall file with the appointing court a confidential written report on the intermediary’s efforts to contact an adoptee or former parent.
(d)    When a court receives a report from an intermediary, the court may disclose to the adoptee or former parent, without revealing identifying information about the adoptee or any former parent:
(1)    whether the intermediary advised the adoptee or former parent about the need for medical information; and
(2)    medical information that the adoptee or former parent provided.
(e)    Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3A - Private Agency Guardianship and Adoption › Part IV - Access to Adoption Records › Section 5-3A-43 - Access for Adoptive Parent

(a)    Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.
(b)    Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3A - Private Agency Guardianship and Adoption › Part V - Prohibited Acts › Section 5-3A-45 - Prohibited Payments

(a)    Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1)    placement of an individual to live with a preadoptive family; or
(2)    an agreement for custody in contemplation of adoption.
(b)    (1)    In this subsection, “Administration” means the Social Services Administration of the Department.
(2)    This section does not:
(i)    prohibit payment, by an interested person, of:
1.    a customary and reasonable charge or fee for adoption counseling, hospital, legal, or medical services;
2.    reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;
3.    reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or
4.    reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses; or
(ii)    prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if:
1.    the reimbursement is in accordance with standards set by regulation of the Administration; and
2.    the ability to provide this reimbursement does not affect:
A.    the acceptability of any individual for adoptive services; or
B.    the choice of the most suitable prospective adoptive parent.
(c)    Each State’s Attorney shall enforce this section.
(d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Assisted reproduction” has the meaning stated in § 5–1001 of this title.
(c)    “Identifying information” means information that reveals the identity or location of an individual.
(d)    “Mother” has the meaning stated in § 5–1001 of this title.
(e)    (1)    “Parent” means an individual who, at any time before a court enters an order for adoption under this subtitle:
(i)    meets a criterion in § 5–3B–05(a) of this subtitle;
(ii)    is the mother; or
(iii)    is a parent or is presumed to be a parent under Title 1, Subtitle 2 of the Estates and Trusts Article.
(2)    “Parent” does not include an individual whom a court has adjudicated not to be a father or mother.
(f)    “Prospective adoptee” means an individual who is the subject of a petition for adoption under this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-02 - Scope of Subtitle; Effect

(a)    This subtitle applies only to an adoption that is arranged other than by a child placement agency.
(b)    Except as expressly provided in this subtitle, it does not affect an adoption:
(1)    for which a court entered an order on or before December 31, 2005; or
(2)    pending on January 1, 2006.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-03 - Statement of Findings; Purposes

(a)    The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary.
(b)    The purposes of this subtitle are to:
(1)    timely provide permanent and safe homes for children consistent with their best interests;
(2)    protect children from unnecessary separation from their parents;
(3)    ensure adoption only by individuals fit for the responsibility;
(4)    protect parents from making hurried or ill-considered agreements to terminate their parental rights;
(5)    protect prospective adoptive parents by giving them information about prospective adoptees and their backgrounds; and
(6)    protect adoptive parents from future disturbances of their relationships with adoptees by former parents.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-04 - Foreign Orders

(a)    In this section, “order” includes any action that, under the laws of another jurisdiction, has the force and effect of a comparable judicial order under this subtitle.
(b)    In accordance with the United States Constitution, this State shall accord full faith and credit to:
(1)    an order of another state as to adoption or guardianship in compliance with the other state’s laws; and
(2)    termination of parental rights in compliance with the other state’s laws.
(c)    As to a jurisdiction other than a state:
(1)    an order for adoption or guardianship entered in compliance with the jurisdiction’s laws shall have the same legal effect as an order for adoption or guardianship entered in this State; and
(2)    termination of parental rights in compliance with the jurisdiction’s laws shall have the same legal effect as termination of parental rights in this State.
(d)    This section may not be construed to require an individual to petition a court in this State for adoption of an adoptee if:
(1)    the individual adopted the adoptee in compliance with the laws of a jurisdiction other than a state; and
(2)    the United States Citizenship and Immigration Services verifies the validity of that adoption by granting, under the federal Immigration and Nationality Act, an IR-3 visa for the adoptee.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-05 - Paternity

(a)    Unless a court excludes a man as the father of a child, a man is the father if:
(1)    the man was married to the child’s mother at the time of the child’s conception;
(2)    the man was married to the child’s mother at the time of the child’s birth;
(3)    the man is named as the father on the child’s birth certificate and has not signed a denial of paternity;
(4)    the child’s mother has named the man as the child’s father and the man has not signed a denial of paternity;
(5)    the man has been adjudicated to be the child’s father;
(6)    the man has acknowledged himself, orally or in writing, to be the child’s father and the mother agrees; or
(7)    on the basis of genetic testing, the man is indicated to be the child’s biological father.
(b)    (1)    A petitioner under this subtitle shall give a court notice that a man who is not named in the petition and has not been excluded as a father claims paternity.
(2)    After a request of a party or claimant and before ruling on a petition for adoption under this subtitle, a court shall hold a hearing on the issue of paternity.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-06 - Appointed Counsel

(a)    (1)    In a case under this subtitle, a court shall appoint an attorney to represent a parent who:
(i)    has a disability that makes the parent incapable of effectively participating in the case; or
(ii)    when the parent must decide whether to consent to adoption, is still a minor.
(2)    To determine whether a disability makes a parent incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the parent.
(b)    (1)    In a case under this subtitle, a court shall appoint an attorney to represent a prospective adoptee who:
(i)    has a disability that makes the prospective adoptee incapable of effectively participating in the case; and
(ii)    when the prospective adoptee must decide whether to consent to adoption, is at least 10 years old.
(2)    To determine whether a disability makes a prospective adoptee incapable of effectively participating in a case, a court, on its own motion or on motion of a party, may order examination of the prospective adoptee.
(c)    An attorney or firm:
(1)    may represent more than one party in a case under this subtitle only if the Maryland Lawyers’ Rules of Professional Conduct allow; and
(2)    may not represent a prospective adoptive parent and parent in the same adoption case.
(d)    Counsel appointed under this section may be compensated for reasonable fees, as approved by the court.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-07 - Agreement for Postadoption Contact

(a)    (1)    A prospective adoptive parent and parent of a prospective adoptee may enter into a written agreement to allow contact, after the adoption, between:
(i)    the parent or other relative of the adoptee; and
(ii)    the adoptee and adoptive parent.
(2)    An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:
(i)    a relative or former parent of the adoptee; and
(ii)    the adoptee or adoptive parent.
(b)    An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.
(c)    An individual who prepares an agreement described in subsection (a)(1) of this section:
(1)    shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle; and
(2)    if the agreement so provides, shall redact identifying information from the copies.
(d)    Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, adoption.
(e)    If a dispute as to an agreement made under this section arises, a court may order the parties to engage in mediation to try to resolve the dispute.
(f)    (1)    A court shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee’s best interests.
(2)    If a party moves to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee’s best interests, the court may modify the agreement.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part I - General Provisions › Section 5-3B-08 - Assessment of Costs

(a)    A court may order an adoptive parent to pay, wholly or partly, reasonable fees for a former parent’s:
(1)    independent counsel; or
(2)    adoption counseling or guidance for a reasonable time.
(b)    Except as provided in subsection (a) of this section, a court may assign among the parties to a case under this subtitle counsel fees, counseling or guidance fees, and costs of testing under § 5-3B-05 of this subtitle, as the court considers appropriate.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-12 - Authority to Place Child for Adoption

Except for a child being placed for adoption with a relative of the child, by blood or marriage within 4 degrees of affinity or consanguinity under the civil law rule, a parent or grandparent may place a child for adoption only if:
(1)    a petition for adoption is filed in court; and
(2)    the court, by order, sanctions the placement pending final action on the petition.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-13 - Petition

(a)    Any adult or minor may be adopted under this subtitle.
(b)    (1)    Any adult may petition a court for adoption.
(2)    If a petitioner is married, the petitioner’s spouse shall join in the petition unless the spouse:
(i)    is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce;
(ii)    is not competent to join in the petition; or
(iii)    1.    is a parent of the prospective adoptee; and
2.    has consented to the adoption in accordance with this subtitle.
(c)    Before a petition is filed under this subtitle, a petitioner shall move for, and a court shall order that, a case pending under Subtitle 3 of this title be closed.
(d)    If the marital status of a petitioner changes before entry of an order under this subtitle, the petitioner shall amend the petition accordingly.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-15 - Order to Show Cause

(a)    Subsection (b) of this section does not apply to an adoption by a spouse of the prospective adoptee’s parent or a relative of the prospective adoptee.
(b)    A court shall issue a show–cause order that includes advice as to the parent’s rights to:
(1)    have independent counsel; and
(2)    receive adoption counseling and guidance.
(c)    On issuance of a show–cause order as to a prospective adoptee, a petitioner shall serve the order:
(1)    on each of the prospective adoptee’s living parents who has not consented to the adoption; and
(2)    if the prospective adoptee is at least 10 years old and has not consented to the adoption, on the prospective adoptee.
(d)    Service under this section shall be by:
(1)    personal service; or
(2)    certified mail, restricted delivery, return receipt requested.
(e)    Service under this section shall be attempted at the parent’s last address known to the petitioner.
(f)    (1)    If a court is satisfied, by affidavit or testimony, that, after reasonable efforts in good faith, a petitioner could not identify a parent or could not effect service on a parent, the court shall order service through notice by publication as to that parent.
(2)    Notice under this subsection shall consist of substantially the following statement:
To: (Father’s name) To: (Mother’s name) To: Unknown parent “You are hereby notified that an adoption case has been filed in the circuit court for (county name), case no. (number). All persons who believe themselves to be parents of a (male or female) child born on (date of birth) in (city, state) to (mother’s and father’s names and dates of birth) shall file a written response. A copy of the show–cause order may be obtained from the clerk’s office at (address) and (telephone number). If you do not file a written objection by (deadline), you will have agreed to the permanent loss of your parental rights to this child.”
(3)    Service under this subsection shall be by:
(i)    publication at least once in one or more newspapers in general circulation in the county where the petition is filed or, if different, where the parent’s last address known to the petitioner is located; and
(ii)    posting for at least 30 days on a website of the Department.
(4)    The Department may charge a petitioner a reasonable fee to cover the cost of posting.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-16 - Investigation

(a)    Except as provided in § 5–3B–27 of this subtitle, before ruling on a consensual adoption petition under § 5–3B–20(1) of this subtitle, a court may order a court investigator or child placement agency to conduct any investigation that the court considers necessary.
(b)    Before ruling on a nonconsensual adoption petition under §§ 5–3B–20(2) and 5–3B–22 of this subtitle, a court shall order a court investigator or an appropriate child placement agency to investigate and submit a report that includes summaries of:
(1)    the prospective adoptee’s emotional ties with and feelings toward the prospective adoptee’s parents, the prospective adoptee’s siblings, and others who may affect the prospective adoptee’s best interests significantly; and
(2)    the prospective adoptee’s adjustment to:
(i)    community;
(ii)    home; and
(iii)    school.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-19 - Considerations

(a)    In ruling on a petition for a prospective adoptee’s adoption under this subtitle, a court shall consider:
(1)    all factors necessary to determine the prospective adoptee’s best interests; and
(2)    any report prepared for the court.
(b)    (1)    (i)    In this subsection, “disability” means:
1.    a physical or mental impairment that substantially limits one or more of an individual’s major life activities;
2.    a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or
3.    being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
(ii)    “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.
(2)    In ruling on an adoption petition under this subtitle, a court may not deny the petition solely because the petitioner:
(i)    is single or unmarried; or
(ii)    has a disability.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-20 - Authority to Grant Adoption

A court may enter an order for adoption only if:
(1)    (i)    1.    each of the prospective adoptee’s living parents consents:
A.    in writing; or
B.    by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle;
2.    an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; or
3.    parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–3B–04 of this subtitle; and
(ii)    if the prospective adoptee is at least 10 years old, the prospective adoptee consents; or
(2)    in accordance with § 5–3B–22 of this subtitle, the court orders adoption without consent otherwise required under this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-21 - Consent

(a)    (1)    Consent of a parent may include a waiver of rights to notice of:
(i)    the filing of a petition under this subtitle; and
(ii)    further proceedings under this subtitle.
(2)    Consent to adoption under this subtitle is not valid unless the consent:
(i)    is given after the prospective adoptee is born;
(ii)    is given in a language that the party understands;
(iii)    if given in a language other than English:
1.    is given before a judge on the record; or
2.    is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
(iv)    contains an express notice of:
1.    the right to revoke consent, at any time within 30 days after the consent is signed;
2.    the search rights of adoptees and parents under § 5-3B-29 of this subtitle and the search rights of adoptees, siblings, and parents under Subtitle 4B of this title; and
3.    the right to file a disclosure veto under § 5-3B-29 of this subtitle;
(v)    except as to an adoption by a spouse of the prospective adoptee’s parent or a relative of the prospective adoptee, states that the parent has been advised of the parent’s rights to:
1.    have independent counsel; and
2.    receive adoption counseling and guidance;
(vi)    states whether the parent chose to have or not have counsel or counseling; and
(vii)    is accompanied by an affidavit of counsel appointed under § 5-3B-06 of this subtitle stating that a parent who is a minor or has a disability gives consent knowingly and voluntarily.
(b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, a parent may revoke consent at any time within 30 days after the parent signs the consent.
(ii)    A parent may not revoke consent for adoption of a prospective adoptee if:
1.    in the preceding year, the parent has revoked consent for or filed a notice of objection to adoption of the prospective adoptee; and
2.    the child is at least 30 days old and consent is given before a judge on the record.
(2)    A prospective adoptee may revoke consent at any time before a court enters an order of adoption under this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-22 - Nonconsensual Adoption

(a)    This section applies only if a parent affirmatively withholds consent by filing a notice of objection.
(b)    (1)    A court may allow adoption, without parental consent otherwise required under this subtitle, by a petitioner who has exercised physical care, control, or custody over the prospective adoptee for at least 180 days, if the court finds by clear and convincing evidence that:
(i)    the parent has not had custody of the prospective adoptee for at least 1 year;
(ii)    the prospective adoptee has significant emotional ties to and feelings for the petitioner; and
(iii)    the parent:
1.    has not maintained meaningful contact with the prospective adoptee while the petitioner had custody, notwithstanding an opportunity to do so;
2.    has failed to contribute to the prospective adoptee’s physical care and support, notwithstanding the ability to do so;
3.    has subjected the prospective adoptee to:
A.    chronic abuse;
B.    chronic and life–threatening neglect;
C.    sexual abuse; or
D.    torture;
4.    has been convicted of abuse of any offspring;
5.    has been convicted, in any state or any court of the United States, of:
A.    a crime of violence against:
I.    a minor offspring of the parent;
II.    the child; or
III.    another parent of the child; or
B.    aiding or abetting, conspiring, or soliciting to commit a crime described in item A of this item; or
6.    has, other than by consent, lost parental rights to a sibling of the prospective adoptee.
(2)    If a court finds that an act or circumstance listed in paragraph (1)(iii)3 or 5 of this subsection exists, the court shall make a specific finding, based on facts in the record, whether return of the prospective adoptee to the custody of the parent poses an unacceptable risk to the prospective adoptee’s safety.
(3)    In determining whether it is in the best interests of a prospective adoptee to terminate a parent’s rights under this subsection, a court shall:
(i)    give primary consideration to the health and safety of the prospective adoptee; and
(ii)    consider the report required under § 5–3B–16 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-23 - Custody

A court may not grant a petition under § 5-3B-22 of this subtitle solely because a parent:
(1)    does not have legal custody of a prospective adoptee by reason of a divorce or legal separation; or
(2)    has been deprived of custody of a prospective adoptee by an act of the other parent.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-24 - Accounting

(a)    This section does not apply to an adoption by the spouse of the prospective adoptee’s parent or a relative of the prospective adoptee.
(b)    A court may not enter an order under this subtitle until the petitioner files with the court an accounting of all payments and disbursements of any item of value made by or for the petitioner in connection with the adoption.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part II - Adoption Proceedings › Section 5-3B-25 - Effects of Order for Adoption

(a)    This subsection does not limit the right of an individual to provide for distribution of property by will.
(b)    Except as provided in § 2-123 of the Real Property Article, after a court enters an order for adoption under this subtitle:
(1)    the adoptee:
(i)    is the offspring of the adoptive parent for all intents and purposes; and
(ii)    is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;
(2)    each of the adoptee’s living parents is:
(i)    relieved of all parental duties and obligations to the adoptee; and
(ii)    divested of all parental rights as to the adoptee; and
(3)    the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.
(c)    Adoption of an adult has the same legal effect as adoption of a minor.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part III - Access to Adoption Records › Section 5-3B-28 - Urgently Needed Medical Information

(a)    If, after a hearing on petition of an adoptee or former parent, a court is satisfied that the adoptee or blood relative of the adoptee or former parent urgently needs medical information not in court records, the court may appoint an intermediary to try to contact the adoptee or a former parent of the adoptee for the information.
(b)    An intermediary appointed under this section:
(1)    only may advise an adoptee or former parent of the need for medical information; and
(2)    may not:
(i)    reveal any identifying information about an adoptee or former parent; or
(ii)    try, in any manner, to encourage or discourage contact between an adoptee and former parent.
(c)    An intermediary appointed under this section shall file with the appointing court a confidential written report on the intermediary’s efforts to contact an adoptee or former parent.
(d)    When a court receives a report from an intermediary, the court may disclose to the adoptee or former parent, without revealing identifying information about the adoptee or any former parent:
(1)    whether the intermediary advised the adoptee or a former parent about the need for medical information; and
(2)    medical information that the adoptee or a former parent provided.
(e)    Notwithstanding any other provision of law, a court may order an adoptee or former parent to pay a reasonable fee for the services of an intermediary under this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part III - Access to Adoption Records › Section 5-3B-30 - Access for Adoptive Parent

(a)    Subject to subsection (b) of this section, access to a dental or medical record of an adopted minor may not be denied to a parent of the minor because the parent is an adoptive parent.
(b)    Access to a dental or medical record under this section may not include access to any part of the record that has identifying information as to a former parent of the minor.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3B - Independent Adoption › Part IV - Prohibited Acts › Section 5-3B-32 - Prohibited Payments

(a)    Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with:
(1)    placement of an individual to live with a preadoptive family; or
(2)    an agreement for custody in contemplation of adoption.
(b)    This section does not prohibit payment, by an interested person, of:
(1)    a reasonable and customary charge or fee for adoption counseling, hospital, legal, or medical services;
(2)    reasonable expenses for transportation for medical care associated with the pregnancy or birth of the child;
(3)    reasonable expenses for food, clothing, and shelter for a birth mother if, on written advice of a physician, the birth mother is unable to work or otherwise support herself because of medical reasons associated with the pregnancy or birth of the child; or
(4)    reasonable expenses associated with any required court appearance relating to the adoption, including transportation, food, and lodging expenses.
(c)    Each State’s Attorney shall enforce this section.
(d)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part I - Definitions; General Provisions › Section 5-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administration” means the Social Services Administration of the Department.
(c)    “Eligible child” means a minor as to whom:
(1)    (i)    guardianship has been awarded to a child placement agency under Subtitle 3 or Subtitle 3A of this title; or
(ii)    consensual adoption has been ordered under § 5–338 of this title; and
(2)    a determination has been made by a local department under § 5–403 of this subtitle that a subsidy is necessary to ensure the child’s adoption because of the child’s special circumstances.
(d)    “Subsidy” means:
(1)    a money payment;
(2)    medical care;
(3)    medical assistance; or
(4)    special services.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part I - Definitions; General Provisions › Section 5-403 - Eligibility for Subsidy

The local department shall determine whether a subsidy is necessary to ensure a child’s adoption because of the child’s special circumstances, including:
(1)    physical or mental disability;
(2)    emotional disturbance;
(3)    recognized high risk of physical or mental disease;
(4)    age;
(5)    sibling relationship; and
(6)    racial or ethnic factors.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part II - Adoption Subsidy Program › Section 5-407 - Funds

(a)    Money payments and special services under the adoption subsidy program shall be funded by:
(1)    appropriations to a local department for the maintenance of children in foster care; and
(2)    money that is made available to a local department from other sources.
(b)    Medical assistance and medical care under the adoption subsidy program shall be funded by:
(1)    savings for the fiscal year by the Maryland Department of Health and the Department of Human Services that are attributable to adoptions under this subtitle; and
(2)    appropriations to the Department of Human Services for the adoption subsidy program.
(c)    The Administration may reimburse the Maryland Department of Health for the cost of medical assistance and medical care directly or through a contract with the Department.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part II - Adoption Subsidy Program › Section 5-408 - Eligibility

(a)    A subsidy may not be denied to an eligible child on the ground that the eligible child had a condition that was not known or discovered at the time of the adoption.
(b)    An individual who has been approved by a child placement agency as an appropriate adoptive parent and who seeks to adopt an eligible child is eligible to receive a subsidy on behalf of the eligible child regardless of the individual’s income or other eligibility factors.
(c)    A subsidy may not be denied to a child whose adoption has been dissolved or whose adoptive parents have died if the child received an adoption subsidy during the child’s prior adoption and the child continues to meet the criteria set forth in § 5-403 of this subtitle.
(d)    The subsidy may not be discontinued solely because the adoptive parent moves from this State with the eligible child.
(e)    A subsidy may continue to be provided for an eligible child to an adult who is qualified to assume responsibility and who assumes responsibility for the care and welfare of the child upon the death or incapacitation of the child’s adoptive parent.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part II - Adoption Subsidy Program › Section 5-409 - Application

(a)    To apply for a subsidy on behalf of an eligible child, an individual who is a prospective adoptive parent of the eligible child shall file an application for a subsidy with the local department.
(b)    (1)    The director of the local department shall append to the application evidence of inability, after all reasonable efforts, to place the eligible child, without a subsidy, with an appropriate adoptive parent because of the special circumstances.
(2)    If the director of the local department determines that the eligible child has established emotional ties with a prospective adoptive parent who is the child’s foster parent, evidence of efforts to place the child with another prospective adoptive parent is not required.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part II - Adoption Subsidy Program › Section 5-410 - Subsidy Agreement

(a)    (1)    Before a final decree of adoption is passed, the local department and a prospective adoptive parent of an eligible child shall make a written agreement regarding the subsidy.
(2)    In the case of an eligible child who has special circumstances that existed before the adoption but were not detected until after the adoption, the agreement shall be made promptly after the local department approves the application for a subsidy.
(b)    A subsidy may commence either at the time of the placement for adoption or at an appropriate time after the passage of the adoption decree.
(c)    (1)    The nature, amount, and duration of the subsidy shall be determined by:
(i)    the needs of the eligible child because of the eligible child’s special circumstances; and
(ii)    the availability of other resources to meet the eligible child’s needs.
(2)    The subsidy may be for a limited or a long period of time.
(3)    The subsidy shall be in an amount that is not more than:
(i)    the allowable amount for a child under foster family care in this State, or if placement is in another state, the allowable amount for a child under foster family care in that state, whichever is higher;
(ii)    in the case of a medically fragile child living in a treatment foster care home, $2,000 per month; or
(iii)    if the subsidy is for a special service, a reasonable fee for that service.
(d)    (1)    If, under a subsidy agreement, the subsidy does not terminate in the first year after the final decree of adoption is passed, the subsidy is subject to annual reapplication, reevaluation, and reapproval by the local department.
(2)    A subsidy agreement shall include a notice of the annual reapplication requirement.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part II - Adoption Subsidy Program › Section 5-410.1 - Reimbursement for Nonrecurring Adoption Expenses

(a)    If the Department makes the determinations under subsection (b) of this section, an adoptive parent involved in an independent or intercountry adoption of a child is entitled to reimbursement by the State for certain nonrecurring adoption expenses associated with the adoption.
(b)    An adoptive parent is eligible for reimbursement of nonrecurring adoption expenses, if the Department determines that:
(1)    the child should not be returned to its biological parents;
(2)    the child cannot be placed with adoptive parents without providing assistance because of certain factors or conditions regarding the child, including ethnic background, age, the presence and number of siblings, or physical, mental, or emotional handicaps; and
(3)    except where it would be against the best interests of the child, previous adoption attempts have been made without assistance and were unsuccessful.
(c)    Application for nonrecurring adoption expenses shall be filed with the Department:
(1)    prior to the order; and
(2)    on a form provided by the Department.
(d)    (1)    Upon approval of the application, there shall be a written agreement between the Department and the prospective adoptive parents regarding the reimbursement of nonrecurring adoption expenses.
(2)    Except as provided in paragraph (3) of this subsection, the agreement shall be signed by the adoptive parents and an agent of the Department prior to the adoption order.
(3)    The agreement is not required to be signed by the adoptive parents and an agent of the Department prior to the adoption order if the order:
(i)    was entered between January 1, 1987 and July 1, 1990; or
(ii)    was entered before January 1, 1987, but nonrecurring adoption expenses were paid after January 1, 1987.
(4)    Adoptive parents filing for reimbursement of nonrecurring adoption expenses in cases described under paragraph (3) of this subsection shall:
(i)    enter into a written agreement with the Department; and
(ii)    file all claims no later than December 14, 1990.
(e)    Reimbursement for nonrecurring adoption expenses is limited to a maximum of $2,000 for reasonable and necessary actual costs that are not reimbursable from another source, including:
(1)    adoption fees;
(2)    court costs and reasonable attorney’s fees;
(3)    health examinations;
(4)    transportation costs; and
(5)    food and lodging costs incurred during preplacement visits.
(f)    Except in cases described under subsection (d)(3) of this section, adoptive parents shall file all claims for nonrecurring adoption expenses within 2 years after the order.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4 - Adoption Subsidy Act › Part II - Adoption Subsidy Program › Section 5-411 - Administrative and Judicial Review

An individual who is aggrieved by a final decision of the director of a local department that denies eligibility or reduces or terminates a subsidy in a contested case may:
(1)    appeal that decision to the administrative appellate authority designated by rule or regulation; and
(2)    then take any further appeal allowed by the Administrative Procedure Act.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administration” means the Social Services Administration of the Department.
(c)    “Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.
(d)    “Residence state” means the state where the child lives.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-02 - Legislative Findings; Purposes of Subtitle

(a)    The General Assembly finds that:
(1)    locating adoptive families for children who are eligible to receive State assistance and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and
(2)    providing medical and other necessary services for children, with State assistance, is more difficult when the services are provided in other states.
(b)    The purposes of this subtitle are to:
(1)    authorize the Administration to enter into interstate agreements with agencies of other states for the protection of children on whose behalf adoption assistance is being provided; and
(2)    provide procedures for interstate adoption assistance payments, including medical payments.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-03 - Participation Authorized

(a)    The Administration may develop, participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of this State with other states to implement one or more of the purposes of this subtitle.
(b)    When entered into, and for so long as it shall remain in force, the compact shall have the force and effect of law.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-04 - Compact Terms

(a)    A compact entered into pursuant to § 5-4A-03 of this subtitle shall include:
(1)    a provision making the compact available for joinder by all states;
(2)    a provision for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;
(3)    a requirement that the protection afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode; and
(4)    a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance and that the adoption assistance agreement be expressly for the benefit of the adopted child and enforceable by both the adoptive parents and the state agency providing the adoption assistance.
(b)    A compact entered into pursuant to § 5-4A-03 of this subtitle may include a provision establishing procedures and entitlements to medical or other necessary social services for the child in accordance with applicable laws even though the child and the adoptive parents are in a state other than the state responsible for providing the services or the funds to defray part or all of the costs.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-05 - Medical Assistance Identification

(a)    (1)    A child with special needs who resides in this State and who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this State upon filing with the Administration a certified copy of the adoption assistance agreement obtained from the adoption assistance state which certifies to the eligibility of the child for medical assistance.
(2)    The adoptive parents shall be required at least annually to show that the adoption assistance agreement is still in force or has been renewed.
(b)    The Administration shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(c)    (1)    This section shall apply only to medical assistance for children under adoption assistance agreements from states that provide medical assistance to children with special needs under adoption assistance agreements made by this State.
(2)    All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the applicable laws and procedures.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-06 - False, Misleading, or Fraudulent Claims

A person who submits a claim for payment or for reimbursement for services or benefits or makes a statement in connection with a claim for payment or reimbursement for services or benefits pursuant to § 5-4A-05 of this subtitle which the person knows or should know is false, misleading, or fraudulent is guilty of perjury and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 4A - Interstate Compact on Adoption and Medical Assistance › Section 5-4A-08 - Federal Law

(a)    Consistent with federal law, the Maryland Department of Health and the Department of Human Services, in connection with the implementation and execution of this subtitle and any compact entered into pursuant to this subtitle shall include in any State plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96–272), Titles IV–(e) and XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost.
(b)    The Departments shall apply for and administer all relevant federal aid in accordance with law.