Md. Code Regs. 07.02.12.02

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

Section 07.02.12.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the Social Services Administration of the Department of Human Resources.

(2) "Adoptee" means an individual:

(a) Whose adoption decree was issued by a Maryland court; or

(b) Who was placed for adoption by a:

(i) Maryland licensed child placement agency; or

(ii) Local department.

(3) "Adoption " means a legal proceeding:

(a) By which an individual becomes the child of an adoptive family; and

(b) Which confers on the adopted child all the legal rights and privileges to which a child born to the adoptive family is entitled.

(4) "Adoption assistance " means funds or services provided by a local department to the adoptive family on behalf of an adopted child, which may include:

(a) Monetary payment;

(b) Medical care;

(c) Medical assistance; or

(d) Special services.

(5) "Adoption placement" means the placement of a legally free child with an approved adoptive family or individual who has signed an Adoption Placement Agreement.

(6) "Adoptive family" means an adoptive parent or legal guardian who is eligible to receive adoption assistance on behalf of a child.

(7) "Aid to Dependent Families (AFDC) " means the federal standard for aid as described in COMAR 07.02.11.30.

(8) "Birth father" means the biological father of a child.

(9) "Birth mother" means the biological mother of a child.

(10) "Birth parent" means the biological mother or father of a child, and may include both jointly or individually as is applicable.

(11) "Birth sibling" means an individual who shares at least one birth parent with an adoptee.

(12) "Dissolution" means the parental rights of the adoptive parent have been terminated.

(13) "Dual approval" means:

(a) The approval of a prospective family as a resource for both foster care and adoption; or

(b) The approval of a prospective family as a resource for both foster care and day care.

(14) "Guardianship" means guardianship with the right to consent to adoption or long-term care short of adoption as conferred by a court on the executive head of a child placement agency, and terminates the rights, duties and obligations of the birth parent.

(15) "Independent adoption" means an adoption pursuant to Family Law Article, Title 5, Subtitle 3B, Annotated Code of Maryland.

(16) "Indian child" means a Native American child as defined in the federal Indian Child Welfare Act of 1978.

(17) "Intercountry adoption" means the adoption by a Maryland resident of a child from a country other than the United States.

(18) "Intermediate care rate " means a payment rate above the regular rate paid to a resource family home for a child requiring extra care and supervision because of special physical, emotional or behavioral needs, as defined in COMAR 07.02.11.

(19) "IV-E" means Title IV, Part E of the Social Security Act.

(20) "Local department" means the department of social services in a county or in Baltimore City, and the Montgomery County Department of Health and Human Services.

(21) "Mediation " means the consensual process whereby the parties are assisted by one or more impartial mediators to voluntarily arrive at a plan or agreement to expedite permanency or to decide the nature and extent of future contact between the birth parent, adoptee, and adoptive family.

(22) "Medically fragile child" means a child who:

(a) Depends at least part of each day on mechanical ventilation;

(b) Requires prolonged intravenous administration of nutritional substances or drugs;

(c) Depends on other device-based respiratory or nutritional support, including tracheostomy tube care, suctioning, oxygen support, or tube feeding on a daily basis; or

(d) Depends on other medical devices that compensate for vital body functions and requires daily or near daily nursing care, including a child who requires:

(i) Renal dialysis as a consequence of chronic kidney failure; or

(ii) Other mechanical devices such as catheters or colostomy bags as well as substantial nursing care in connection with the disabilities.

(23) "Minor parent" means a parent who is younger than 18 years old.

(24) "Nonidentifying information" means information including medical and birth family history information that does not disclose or permit disclosure of the identity or location of the birth parent or adoptee.

(25) Nonrecurring Adoption Expenses.

(a) "Nonrecurring adoption expenses" means expenses incurred by the adoptive parent of a special needs child involved in a public agency, private agency, independent, or intercountry adoption, or through a child placement agency licensed in another state if the family is not applying for or receiving adoption assistance from that state.

(b) Nonrecurring adoption expenses include:

(i) Reasonable and necessary adoption fees;

(ii) Court costs;

(iii) Attorney's fees;

(iv) The adoption home study costs, including health and psychological examinations;

(v) Supervision of the placement before adoption;

(vi) Transportation; and

(vii) The reasonable costs of lodging and food for the child and adoptive parent incurred during preplacement visits.

(26) "Open adoption" means an adoption in which it is the expressed intent of all parties to the adoption that the child maintains contact, including the possibility of visitation, with the birth parent or other birth relatives.

(27) Out-of- Home Placement.

(a) "Out-of-Home Placement" means placement of a child into foster care, kinship care, group care, or residential treatment care.

(b) "Out-of-Home Placement" includes an adoptive placement.

(28) "Parent" means the legal mother or father of a child or the biological mother or father whose rights have not been terminated, or a legal guardian other than a local department.

(29) "Permanency plan " has the meaning stated in COMAR 07.02.11.

(30) "Post adoption assistance" means a monthly adoption assistance authorized after finalization of an adoption based on a condition that was present but not known or discovered at the time of the adoption.

(31) "Postplacement services" means services provided after adoptive placement to a child and the child's adoptive family after placement but before entry of a final decree of adoption.

(32) "Private agency" means an organization licensed by the Administration for the placement of children in homes or with individuals.

(33) "Public agency" means a local department of social services.

(34) "Regular care rate" means the rate paid for a child in foster care who requires regular care and supervision.

(35) "Special needs factor" means a condition specific to a child that prevents the child's placement without the provision of adoption assistance or medical benefits, including:

(a) A child 6 to 17 years old;

(b) Physical or mental disease or disability;

(c) Emotional disturbance;

(d) Membership in a sibling group;

(e) Recognized high risk of physical or mental disability or disease; or

(f) Race or ethnicity if combined with any of these factors.

(36) "Termination of parental rights" means the legal process of ending the rights and responsibilities of the parent.

(37) "Treatment foster care" means a program designed and implemented by a local department or child placement agency to provide intensive casework and treatment in a family setting to children with special physical, emotional, or behavioral needs as described in COMAR 07.02.11.

Md. Code Regs. 07.02.12.02

Regulation .02B amended, D and E adopted effective December 19, 1983 (10:25 Md. R. 2266)
Regulation .02C amended effective December 2, 1977 (4:25 Md. R. 1911)
Regulations .02 adopted effective February 20, 1989 (16:3 Md. R. 340)
Regulations .02 and Regulation .21 adopted as an emergency provision effective September 20, 1990 (17:20 Md. R. 2418); adopted permanently effective January 21, 1991 (18:1 Md. R. 27)
Regulation .02B amended effective August 5, 2002 (29:15 Md. R. 1141)
Regulations .02 adopted effective April 16, 2012 (39:7 Md. R. 490); adopted effective 43:22 Md. R. 1218, eff. 11/7/2016