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FOSTER
CARE COURT IMPROVEMENT PROJECT
Legislative Subcommittee
The Administrative Office of the Courts
of the State of Maryland completed its assessment of the Judiciary’s processing
of abuse and neglect cases in 1997. One of the findings of that assessment
was that the Child In Need of Assistance (CINA) statute, which combined
Delinquency and Children in Need of Supervision (CINS) provisions, was
being interpreted and applied in many different ways throughout the State.
The differing policies and procedures among the various jurisdictions caused
disparate treatment of litigants and general confusion for practitioners
and agencies. To correct these problems a recommendation was made that
a separate and distinct CINA statute be written. The task of rewriting
the CINA statute was given to the Foster Care Court Improvement Project
CINA Subcommittee. The goal of the subcommittee was to develop a
separate “best practice” CINA statute that is clear, precise and comprehensive.
In an effort to create a CINA statute
that was separate, yet comprehensive, the CINA Subcommittee worked with
judges and masters, agency representatives, attorneys and other persons
involved in the CINA practice. The Foster Care Court Improvement
Project through the Maryland Judicial Conference submitted a comprehensive
CINA bill to the Maryland General Assembly in three consecutive legislative
sessions. In April 2001, the Senate version of the bill received
a favorable report, with no amendments. The revised CINA Statute
became effective in October 2001.
Among other provisions, the revised
statute:
- empowers the juvenile court to hear
guardianship review proceedings arising after a termination of parental
rights proceeding;
- gives the juvenile court concurrent
jurisdiction over custody, visitation, child support, and paternity cases
where a CINA petition has been filed;
- requires that a separate petition be
filed for each child;
- clarifies that a shelter care hearing
shall be held the next day that court is in session, instead of scheduling
shelter care proceedings only once or twice a week;
- specifies times for disclosure of certain
evaluations, studies and reports; and
- specifies procedures for transferring
CINA cases.
Similarly, the Termination of Parental
Rights (TPR) statute is in the process of being revised so that it complies
with the revised CINA statute, subsequently enacted laws, and the Adoption
and Safe Families Act (ASFA). Various stakeholders have been involved
in this process since December 1999 including, but not limited to judges,
masters, agency representatives, and attorneys representing parents, children
and DSS. The goal of the TPR statute revision is to clarify and streamline
the provisions contained therein. Special attention has been given
to separating the DSS-related TPR and Adoption Proceedings from Private
Child Placement Agency Guardianship and TPR Proceedings, and Independent
and Private Child Placement Agency Adoptions. Additional changes
include:
- post-Adoption contact. This provision
allows for written visitation agreements between birth parents and adoptive
parents;
- revision of the factors in granting
DSS-related TPR including a provision for the court to take into account
the child’s position regarding the TPR; and
- procedural changes as to: (1)
the court’s authority post-TPR, (2) Notice of Adoption and Termination
of TPR cases, and (3) DSS’s right to revoke its consent to adoption.
Legislative Sub-Committee
Chair:
Hon. Theresa Adams, Circuit Court for Frederick County
Committee Members:
Hon. William O. Carr, Circuit Court for Harford County
Hon. Edward R.K. Hargadon, Circuit Court for Baltimore City
Master Cynthia M. Ferris, Circuit Court for Anne Arundel County
Master Leah J. Seaton, Circuit Court for Wicomico County
Master Ann R. Sparrough, Circuit Court for Prince George’s County
Master Peter M. Tabatsko, Circuit Court for Carroll County
Charles Cooper, Administrator, Citizens Review Board for Children
Jessica Rae, Esq., Legal Aid Bureau, Inc.
Catherine M. Shultz, Esq., Office of the Attorney General
Vanita Taylor, Esq., Office of the Public Defender
Consultants:
Donna Briggs, Social Services Administration
Felicia Ciesla, Esq., Baltimore City Department of Social Services
Charlotte Giles, Esq., Department of Human Resources
Sharon Gottlieb, Esq., Citizens Review Board for Children
John Green, Esq., Cohen and Greene, PA
Sharon Hargrove, MSW, Department of Human Resources
Edward Kilcullen, Maryland CASA Association
Melanie Klein, Esq., Legal Aid Bureau, Inc.
Rhonda Lipkin, Esq., Public Justice Center
Dawn Musgrave, Esq., Adoptions Together, Inc.
Stephanie Pettaway, Social Services Administration
Darlene Wakefield, Esq., Wakefield, P.A.
Patricia Waldman, Esq., Legal Aid Bureau, Inc.
Vicky Wolfson, Esq., Office of the Public Defender
Project Staff
Erica LeMon, Esq., Permanency Court Coordinator, Foster Care Court Improvement Project
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