Md. Code Regs. 07.02.12.03

Current through Register Vol. 51, No. 11, May 31, 2024

Section 07.02.12.03 - Placement for Adoption

A. The decision to select a particular family for a child shall be based on the child's best interests and shall include consideration of:

(1) The needs of the child;

(2) The ability of a prospective adoptive family to meet the child's overall physical, mental, emotional, and psychological needs, as well as any identified special needs; and

(3) The capacity of the prospective adoptive family to address the child's needs based on the child's cultural, ethnic, and racial background.

B. The local department may not delay or deny the placement of a child for adoption on the basis of race, color, or national origin of the prospective adoptive family or the child involved.

C. Selection of an Adoptive Home for a Child.

(1) In an adoptive placement of an Indian child, the local department shall give preference to placement as set forth in the federal Indian Child Welfare Act of 1978.

(2) When a child is in need of an adoption placement, the local department shall take the following steps to recruit adoptive families who can meet the child's individual needs:

(a) Use the following documented information in the child's agency record about the child to identify potential adoptive families:

(i) Identifying information;

(ii) History;

(iii) Current behavioral issues; and

(iv) An accurate description of the child's personality, recreational interests, and ties to birth relatives.

(b) Within 15 working days of a change in the permanency plan by the court to adoption, determine whether there is an appropriate adoptive family, approved by the local department, who is committed to adopt the child when the termination of parental rights petition is granted using the criteria set forth in §E(2)(a) of this regulation;

(c) Consistent with the best interests of the child, consider the following adoptive placement options in order of priority:

(i) Adoption by a relative;

(ii) Adoption by the current foster parent with whom a child has resided continually for at least 12 months or for a sufficient length of time to establish positive relationships and family ties; or

(iii) Adoption by another adoptive family;

(d) If no appropriate local department approved family resource is identified within 15 working days of the change in the permanency plan, provide a strengths-based narrative, as described in §E(3) of this regulation, to the AdoptUSKids to identify prospective adoptive families; and

(e) Continue to engage in recruitment efforts until a permanent placement is achieved for the child unless there is a change in the child's permanency plan.

(3) The AdoptUSKids narrative shall be a strengths-based narrative that:

(a) Is respectful of the child's confidentiality concerns regarding the child's:

(i) Identifying information;

(ii) History;

(iii) Current behavioral issues; and

(b) Provides an accurate description of the child's:

(i) Personality;

(ii) Recreational interests; and

(iii) Ties to birth relatives.

D. Documentation in the case record of efforts to locate a family for a child shall include:

(1) Photolisting;

(2) Dates and descriptions of events attended by the child that provide an opportunity for the child to meet potential adoptive parents; and

(3) Written descriptions of the child used to promote the adoption.

E. Child Specific Recruitment Efforts.

(1) Some children may need child-specific recruitment efforts to recruit an adoptive family because of:

(a) Unique emotional needs that require families with parenting experience;

(b) Membership in a sibling group, and it would be in the children's best interests to be placed together;

(c) Physical, mental, or medical conditions indicating that the child will need a family with the capacity and the ability to make use of community resources and to advocate on behalf of a child with special needs; or

(d) Race or ethnicity, although the child's membership in a minority race or ethnic group alone does not qualify for child specific recruitment.

(2) Aggressive Recruitment and Placement of Siblings.

(a) Aggressive recruitment efforts shall be made to locate an appropriate family willing to adopt a sibling group for whom the Department has determined that placement together is in the siblings' best interest.

(b) If aggressive recruitment efforts fail to locate an appropriate family willing to adopt the siblings, preference for the separate placement of the siblings shall be given to families who are willing to assist the children in maintaining contact with each other.

(3) When difficulty in locating an appropriate adoptive family for a child is anticipated, the child shall be listed with, AdoptUsKids and other adoption exchanges before the 15th working day mandatory deadline in order to extend the parameters of the search as early as possible.

F. Open Adoption.

(1) Open adoption may permit contact between an adopted child and the child's birth relatives, including:

(a) Birth parents;

(b) Grandparents: or

(c) Siblings.

(2) A local department may explore an open adoption when:

(a) Older children in out-of-home care have formed significant emotional attachments to their birth parent or other birth relatives; or

(b) It is otherwise appropriate and in the child's best interests to maintain contact with the child's birth parent or birth relatives.

(3) Open adoption arrangements may be flexible to address the desires of the parties and the needs of the child and may include:

(a) Face-to-face contacts;

(b) Communication using electronic mail and social networking sites; and

(c) The exchange of cards, letters, or phone calls, either directly or through a third party.

(4) If mediation is used to facilitate an open adoption or adoption finalization, the local department shall:

(a) Provide information to all parties regarding the mediation process; and

(b) Make any necessary referrals so that mediation may occur.

G. Adoption Placement Plan.

(1) If the resource family that provided out-of-home services to the child has been selected as the adoptive family of the child, the family shall sign an Intent to Adopt Placement Agreement.

(2) When a non-related resource family with whom the child has not previously lived is selected as the adoptive family, the child and family shall:

(a) Have pre-placement visits prior to the day of placement; and

(b) The family shall sign an Intent to Adopt Placement Agreement.

H. Postplacement Services.

(1) Goals of Postplacement Service. The local department shall:

(a) Sustain permanence for children placed with adoptive families prior to finalization of the adoption;

(b) Help resolve any adjustment problems that may occur during postplacement; and

(c) Promote the integration of the family and child as a single-family unit.

(2) Duration.

(a) The child must live with the adoptive family for at least 6 months or shorter period allowed by the juvenile court on recommendation of the local department as set forth in FL 5-349;

(b) Postplacement services may be extended by mutual agreement of the family and local department based on the needs of the child and the family.

(3) Requirements for Service. The agency caseworker shall:

(a) Clarify with the family the mutual rights and responsibilities in regard to the placement at the beginning of the placement as set forth in COMAR 07.02.25.07., .08, and .17;

(b) Provide postplacement services to all children and families before an adoption is finalized to strengthen and support the family functioning and integration.

(4) Content of Services. The agency shall:

(a) Provide evaluative, supportive, and educational services geared to adoptive family development with emphasis on the unique nature of adoption;

(b) Place special emphasis on the integrity and continuity of the child's heritage and genetic histories as to the continuing growth and development of the child as an individual, and to the development of the family as an integrated unit; and

(c) Maintain ultimate responsibility for other services set forth in COMAR 07.02.11.16G(4)(a) until the adoption is finalized by the Court.

(5) Frequency of Contact and Length of Service. The agency caseworker shall:

(a) Visit the adoptive family as often as indicated but at least monthly in accordance with requirements in COMAR 07.02.11.17 and .05 and FL§ 5-3 49;

(b) Use observations during the visits in determining the frequency of visits and the family's readiness for finalization of the adoption; and

(c) Include the child in these visits according to the child's age and capability.

(6) Removal of a Child from Adoptive Home. The local department may remove a child before a final decree of adoption is issued if, in the opinion of the local department, conditions in the adoptive home impair the child's security in the family and jeopardize the physical safety or emotional development of the child;

(7) Decision to Finalize Adoption. The caseworker shall assess the readiness of the family to finalize the adoption based on the following indications:

(a) The family's indication that they are ready to adopt.

(b) The worker's recommendation that the adoption is in the child's best interest and that the family is ready to adopt;

(c) The child's indicated readiness in the following ways:

(i) A child over 10 years of age consents; or

(ii) A child under 10 years of age does not object.

(8) Once the family and the caseworker have determined that it is time to finalize the adoption, the caseworker shall:

(a) Prepare the necessary documents to support the family's finalization of the adoption; and

(b) Acquire the local department director's consent to the adoption.

I. Termination of Postplacement Services. Postplacement Services are terminated when the adoption decree is finalized by the Court.

Md. Code Regs. 07.02.12.03

Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1918); repealed effective December 19, 1983 (10:25 Md. R. 2266)
Regulations .03 adopted effective February 20, 1989 (16:3 Md. R. 340)
Regulations .03 adopted effective April 16, 2012 (39:7 Md. R. 490); adopted effective 43:22 Md. R. 1218, eff. 11/7/2016