Subsequent Hearings

Statutes:

• Md Code Ann., Cts & Jud, Proc. 3-823, 3-812
• Adoption and Safe Families Act, 42 U.S.C. 670 (1997)

Purpose of Hearing: For the court to decide a permanency lan for the child. To be held no later than eleven months after the child has been placed in an out-of-home placement or thirty days after the court has waived the reasonable efforts requirement. Standard: The best interest of the child.

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.

Six Month Review Hearing

Statutes:

• Md Code Ann Cts & Jud Proc. 3-823
• Adoption and Safe Families Act 42 U.S.C. 670 (1997)

Purpose: To review the permanency plan and highlight services the child may need while in a placement

Standard: Preponderance of evidence.

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.

Review of Court Order – Hearing

Statute:

• Md Code Ann., Cts & Jud. Pro. 3-823 (c) (1)

Purpose: To allow parties to request a review by the court when there has been a change in circumstances

Standard: Preponderance of evidence

Here the petitioner has the burden of proof.

Termination of Parents Rights Hearing

Statute:

• FL Article 5-313, 317, 322, 323, 525.1 (involving adoption/guardianship)

Purpose: To give children the opportunity to be available for adoption.

Standard: Clear and convincing evidence

Petitioner has the burden of proof.

Guardianship Review Hearings

Statutes:

• FL Article 5-311 (a) (3), 5-319, 5-322, 5-525.2, 9-105, (involving adoption/guardianship)
• Code of Fed Reg, Title 45, 1356.21

Purpose: Provide the court with information about a child’s progress toward adoption or in long-term foster care and whether the child’s placement is in his/her best interest

Advocacy Tip: Note the fact that Family Law is implicated as authority in these later subsequent hearings.

 Last reviewed 9/16/08 (PLL/M.A.J.)