Md. Code Regs. 07.02.11.28

Current through Register Vol. 51, No. 10, May 17, 2024

Section 07.02.11.28 - Out-of-State Placement

A. Interstate Compact.

(1) All placements of children for out-of-home placement or as a preliminary to possible adoption in Maryland from another state shall comply with the requirements of the Interstate Compact for the Placement of Children (Compact), Family Law Article, Title 5, Subtitle 6, Annotated Code of Maryland.

(2) The placement of Maryland children into states which are members of the Compact shall also comply with the Compact requirements.

(3) To place a child out of State, the Compact requires that before the two states involved sign a contract or an agreement, the plan shall be approved by the:

(a) Other state based on its interstate placement requirements; and

(b) Social Services Administration.

B. A foster child may be placed in a foster home or adoptive home located out of Maryland or by purchase of care from an agency or institution located in another state only under one of the following conditions:

(1) The foster family which has the child moved to another state and, after assessment of all pertinent factors, the local department decides that maintenance of the relationship between the foster family and the child would be in the child's best interest. Pertinent factors are:

(a) The child's relationship to the foster family over a long period of time;

(b) A lack of active family connections in the State; and

(c) Imminence of discharge from care.

(2) The adoptive family which has the child moves to another state before finalization of the adoption.

(3) A local department has a plan approved by the Social Services Administration to use foster or adoptive homes in bordering states. This plan assures that the local department can provide responsible supervision of the placement and that the child's educational and other needs will be adequately met.

(4) The facility of any agency or institution in another state, licensed or approved for child care under the laws of that state, can meet the special needs of the child which cannot be met by facilities within this State.

(5) A private agency within the State, from which a local department purchases care, uses an out-of-State specialized treatment resource which cannot be provided by a facility within the State, and the local department concurs. Under this plan, the local department shall ensure that the requirements for an interstate placement are met.

C. When a foster child is to be placed out-of-State with a noncustodial parent, relative, or guardian, the local department shall ensure that the requirements for an interstate placement are met.

Md. Code Regs. 07.02.11.28

Regulations .28 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)