Md. Code Regs. 07.02.11.07

Current through Register Vol. 51, No. 9, May 3, 2024

Section 07.02.11.07 - Parental Rights and Responsibilities

A. When there is a conflict between the rights of the parents or legal guardian and those of the child, the child's best interest shall take precedence.

B. After a court has terminated parental rights, the parents no longer have rights as enumerated in this regulation.

C. Consistent with the best interest of the child, the parents or legal guardian of a child in out-of-home placement may:

(1) Upon request, obtain for the child an out-of-home placement consistent with their religious affiliation, if this placement is available and suitable;

(2) Meet the child's caregivers, unless doing so would pose a danger to the child or the caregivers;

(3) Contact the child's caseworker for information about the child or to discuss the child's case;

(4) Request a family team conference to discuss local department decisions regarding the child's placement;

(5) Petition the court to return custody of a child committed to the custody of the local department;

(6) Be represented by legal counsel in all court proceedings;

(7) Receive aftercare services; and

(8) Participate in decisions about major changes in the life of the child, unless those changes are of matters protected by the child's privacy rights or contrary to the child's best interest.

D. The local department shall encourage the parents or legal guardian to:

(1) Participate with the local department in preparing the child's concurrent permanency plans;

(2) Participate in the development of a service agreement;

(3) Meet regularly, according to a mutually agreed-upon schedule, with the local department representative to discuss progress toward achievement of the permanency goal; and

(4) Visit or contact the child regularly as planned with the local department or as ordered by a court, unless the contact has been determined by a court to be contrary to the best interest of the child;

(5) Attend all court, administrative, and citizen review hearings regarding the child.

E. The local department shall request the parents or legal guardian when appropriate to:

(1) Provide the local department with all medical (including mental health, immunization, and dental) records, educational, legal, financial, and other relevant information about the child, including the birth certificate, the child's Social Security number, and any custody decree affecting the child;

(2) Inform the local department and the court of any changes in address, employment, living arrangements, or other matters that would affect the plans for the child;

(3) Pay child support in accordance with Regulation .29 of this chapter;

(4) Identify and provide information on the whereabouts of the child's other parent and all known relatives;

(5) Maintain any existing health care coverage on behalf of the child or obtain health insurance when available;

(6) Be responsible for all medical copayments to the health care provider when private health coverage is available on behalf of the child; and

(7) Sign all consents required by federal and State law to permit the release of all medical and mental health information and records to enable the local department to provide services to the child and the child's family.

F. Services to Birth Parent.

(1) The local department shall make services available to the birth parent requesting services, irrespective of the age of the birth parent, to help the birth parent assess parental roles and responsibilities. These services include, but are not limited to:

(a) Counseling;

(b) Referral to job training; and

(c) Financial assistance information.

(2) When an expectant birth parent who is considering placing a child with the local department for adoption requests services, the local department shall provide counseling and other appropriate services before the child is born and during any termination of the parental rights process.

(3) The local department shall help the birth parent gain access to the services necessary to accomplish the mutually agreed upon goals. While the child is in care, the local department shall assist the birth parent with resolving the problems that brought about the request for adoption planning.

(4) The local department shall inform the birth parent of the:

(a) Parent's right to visit the child during the period before guardianship is granted;

(b) Parent's right to withdraw consent as set forth in Family Law Article, § 5-321(c)(1), Annotated Code of Maryland;

(c) Search rights of birth parents and adoptees as set forth in Family Law Article, Title 5, Subtitles 4B and 4C, Annotated Code of Maryland; and

(d) Parent's right to file a disclosure veto as set forth in Family Law Article, § 5-3A-05(a), Annotated Code of Maryland.

(5) When the birth parent decides to place the child for adoption, the local department shall prepare a written placement agreement, which shall:

(a) Set forth the placement plan; and

(b) Include any special conditions, such as the preferred religion or race of the adoptive family, which the agency and birth parent mutually agree upon.

Md. Code Regs. 07.02.11.07

Regulation .07B amended effective January 5, 1977 (4:1 Md. R. 15)
Regulations .07 as an emergency provision effective October 1, 1981 (8:21 Md. R. 1703); emergency status extended at 8:24 Md. R. 1934, 8:25 Md. R. 1992, 9:2 Md. R. 110, and 9:6 Md. R. 611; adopted permanently effective March 1, 1982 (9:4 Md. R. 328)
Regulations .07 adopted as an emergency provision effective February 1, 1989 (16:4 Md. R. 487); emergency status extended at 16:12 Md. R. 1331, 16:21 Md. R. 2254, and 17:8 Md. R. 967; emergency status expired June 30, 1990
Regulations .07 adopted as an emergency provision effective July 17, 1990 (17:16 Md. R. 1984); adopted permanently effective December 24, 1990 (17:25 Md. R. 2904)
Regulation .07F adopted effective February 6, 2012 (39:2 Md. R. 140)