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Reasonable Efforts Hearing
Statute: Md Code Ann., Cts & Jud. Proc. 3-812, 3-823
Purpose: To determine whether the court can waive the requirement that the Department should make reasonable efforts to reunify a child with parents.
Standard: Clear and convincing evidence.
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Requirement
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When shelter care can be continued - Shelter care may only be continued if, among other factors, the court finds that there were reasonable efforts made to prevent or eliminate the need for removal from the home or finds that continued shelter care is necessary due to an emergency situation. C&J §3-815(e).
- Safety - After a child’s removal, DSS must make reasonable efforts to make it possible for the child to safely return home. FL §5-525(d)(1).
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- Adoption or legal guardian - Reasonable efforts to place the child for adoption or with a legal guardian may be made concurrently with reunification efforts. FL §5-525(d)(3).
Waiver of reunification efforts
DSS may include a request for waiver of reasonable reunification efforts in the CINA petition if one of the following situation exists:
- The parent subjected the child to torture, chronic abuse, sexual abuse, or chronic and life-threatening neglect;
- The parent has been convicted of a crime of violence as defined in Criminal Law article § 14-101 or of aiding or abetting, conspiring or soliciting to commit a crime of violence; or
- The parent has involuntarily lost parental rights to a sibling of the child. C&J § 3-812(b)(1),(2),(3).
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Timing - If the department learns of the existence of an aggravating circumstance after the
CINA petition is filed, the department may immediately request a waiver. C&J §3-812(c).
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Evidence standard - A court must waive the reasonable efforts requirement if it finds by clear and convincing evidence that one of the aggravating circumstances exists. C&J §3-812(d).
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Permanency planning hearing - If reunification efforts are waived, a permanency planning hearing must be held within 30 days. C&J §3-823(b)(1)(ii). If all parties agree, the
permanency planning hearing
may be held on the same day as the reasonable
efforts hearing. C&J §3-823(b)(3).
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SB
57 Child Welfare – Permanency Planning and
Interstate Placement of Foster Children
effective 10/1/08 altered the factors a juvenile
court is required to consider in making specified
findings in permanency planning and review
hearings; increased, from 7 to 10, the number of
days’ notice a local department of social
services is required to give specified persons
before permanency planning and review hearings;
requireing the court to consult with the child on
the record in an age appropriate manner at least
every 12 months at a permanency planning or review
hearing.
Cases
In re Adoption/Guardianship
No. 99JV6964, No.
1284, September Term, 2000 (March 1, 2001): The father appealed,
claiming that the trial court erred when it waived the Department’s
requirement to make reasonable efforts toward reunification. The father
had been convicted of second-degree rape of the mother. The Court of
Special Appeals agreed that the trial court had not waived reunification
efforts on the basis of the rape and had correctly found that
reunification services to the father would have been futile, in light of
his failure to show any interest in the child.
In re
Danielle B., 78 Md.
App. 41, 552 A.2d 570 (1989). “Juvenile court judges have the
opportunity and obligation to review, order, and enforce delivery of
specific services and treatment for CINA children. This obligation is
the result of broad discretionary power and flows from inherent
parens patriae jurisdiction.”
In re Norberto C.,
133 Md. App. 558, 758 A.2d 637 (August 2000). The circuit court has an
obligation to provide for the delivery of specific services and
treatment for a child who has been adjudicated a child in need of
assistance. |