Md. Code Regs. 07.05.03.10

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.05.03.10 - Application for Adoptive Parent

A. Inquiry Process. An applicant shall complete an agency inquiry process before the agency offers an application form for a home study. The process shall be as follows:

(1) Appropriate agency staff conducts an inquiry interview which:

(a) Shall be:

(i) A face-to-face interaction, and

(ii) Documented in writing; and

(b) May be with:

(i) One applicant, or

(ii) A group of applicants;

(2) The agency and the potential applicant exchange sufficient information to enable both parties to determine whether to proceed;

(3) The agency documents that it has informed the potential applicant of its policies and procedures, including:

(a) Explanation of a waiting list;

(b) Criminal background check requirements;

(c) Child abuse and neglect clearances;

(d) Home study process;

(e) International adoption requirements;

(f) Legal considerations;

(g) Post-placement services;

(h) Available subsidies and other financial resources;

(i) Reimbursement policies and fee scales; and

(j) Requirements regarding applications or home studies in process or completed with other child placement agencies; and

(4) If both agency and potential applicant agree to proceed, the agency shall offer the individual an application form.

B. General Application for Home Study or Reconsideration.

(1) A potential adoptive parent shall complete an application before the beginning of a home study or reconsideration.

(2) The agency's chief administrator or designee shall make the decision regarding the acceptance or denial of the applicant for home study or reconsideration status based on:

(a) The requirements of this chapter;

(b) Rules and policies of the agency; and

(c) Information obtained from the completed application.

(3) If the application is denied, within 10 days of the decision the chief administrator or designee shall inform the denied applicant in writing of the:

(a) Reason for the denial; and

(b) Agency's appeal process.

C. Reconsideration.

(1) The application shall include:

(a) Documentation of annual medical evaluations of the adoptive parent and all other individuals living in the home;

(b) Documentation of application for sanitation and fire inspections as described in §D(5) of this regulation if the adoptive parent:

(i) Moved to a new residence, or

(ii) Occupies a residence which was altered significantly during the previous year;

(c) State and federal criminal background checks for any additional individual 18 years old or older living in the household;

(d) If a couple, dated signatures by both individuals; and

(e) Local department protective service clearances for all adults living in the home.

(2) If the applicant has a child abuse or neglect investigation pending, the agency may not make a decision regarding the application until the investigation is completed.

D. Home Study Application.

(1) If a couple completes the application form, both individuals shall sign and date the application form.

(2) The applicant may request the adoption of a specific child, but the agency shall consider the child's best interest in selecting an applicant for a child.

(3) If the applicant has a child abuse or neglect investigation pending, the agency may not make a decision regarding the application until the investigation is completed.

(4) The applicant shall provide the names, phone numbers, and addresses of at least three individuals as references according to the following:

(a) Three reference letters shall be sent directly to the agency, of which:

(i) One of the references may be a relative, and

(ii) If the applicant has a child or children in the household attending school, one reference shall be a teacher, administrator, or counselor employed by a school which the child or children attend; and

(b) Of the three references, the agency shall document a face-to-face contact with at least one reference and phone contact with the two other references.

(5) A completed home study application shall include:

(a) Financial statements with verification of income;

(b) Marriage or divorce verifications or both, as applicable;

(c) Applicant's plan to provide space in the home for the child;

(d) Reports of medical examinations for all individuals living in the applicant's home;

(e) Documentation of an application for a home sanitation inspection report by the local health department or a State- licensed sanitarian;

(f) Documentation of application for a signed local fire department document which is:

(i) A report of a home fire safety inspection, or

(ii) A statement indicating the local fire department will not complete the fire safety inspection;

(g) References as described in §D(4) of this regulation;

(h) If the home is equipped with a swimming pool or hot tub, houses a pet, or contains dangerous household items, documentation of adherence to the requirements of COMAR 07.05.02.10D ;

(i) Documentation of application for State and federal criminal background checks for all household members 18 years old or older;

(j) Verification of local department:

(i) Child abuse and neglect clearances for all household members 18 years old or older, and

(ii) Child support payment clearances on the applicant;

(k) Birth certificate verifications for the applicants and all the applicant's children;

(l) Documentation of an agency inquiry interview;

(m) If the applicant had contacts with other licensed adoption agencies, full disclosure and signed release for information from the identified agencies;

(n) If the applicant has a vehicle operator's license, a summary of the applicant's driving record from the State Motor Vehicle Administration; and

(o) A completed agency application form, signed and dated by the applicant, which includes:

(i) Social Security numbers,

(ii) Address, and

(iii) Home and work telephone numbers.

(6) The application shall be denied if:

(a) An applicant or adult household member:

(i) Refuses to consent to the local department child abuse, neglect, and child support clearances,

(ii) Refuses to consent to State and federal criminal background checks,

(iii) Has an indicated child abuse or neglect finding, or

(iv) Refuses to consent to the State Motor Vehicle Administration clearance;

(b) A review of child support information reveals substantial child support payment arrearages which may interfere with the applicant's ability to be an effective adoptive parent;

(c) A criminal background check reveals that an applicant has a felony conviction for:

(i) Child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, or homicide, or

(ii) Physical assault, battery, or a drug-related offense in the 5 years preceding the date of the adoption application date; or

(d) The agency determines that any information obtained through the application process warrants denial.

Md. Code Regs. 07.05.03.10