Best Interests of the Child

Statute: Md. Code Ann. Fam. Law § 5-313(c) (West, WESTLAW through 2003 Reg. Sess.)

Law:

In determining whether it is in the best interest of the child to terminate a natural parent's rights as to the child in any case, except the case of an abandoned child, the court shall give primary consideration to the safety and health of the child, and consideration to:

The timeliness, nature, and extent of the services offered by the child placement agency to facilitate reunion of the child with the natural parent;

Any social service agreement between the natural parent and the child placement agency, and the extent to which all parties have fulfilled their obligations under the agreement;

The child's feelings toward and emotional ties with the child's natural parents, the child's siblings, and any other individuals who may significantly affect the child's best interest;
The child's adjustment to home, school, and community;

The result of the effort the natural parent has made to adjust the natural parent's circumstances, conduct, or conditions to make it in the best interest of the child to be returned to the natural parent's home, including:
The extent to which the natural parent has maintained regular contact with the child under a plan to reunite the child with the natural parent, but the court may not give significant weight to any incidental visit, communication, or contribution;

If the natural parent is financially able, the payment of a reasonable part of the child's substitute physical care and maintenance;
The maintenance of regular communication by the natural parent with the custodian of the child;
Whether additional services would be likely to bring about a lasting parental adjustment so the child could be returned to the natural parent within an ascertainable time, not exceeding 18 months from the time of placement. But the court may not consider whether the maintenance of the parent-child relationship may serve as an inducement for the natural parent's rehabilitation; and

All services offered to the natural parent before the placement of the child, whether offered by the agency to which the child is committed or by other agencies or professionals.

Statute: Md. Code Ann. Fam. Law § 5-525(e)(1) (West, WESTLAW through Md. 2003 Legis. Serv., Ch. 250)

Law:

In developing a permanency plan for a child in an out-of-home placement, the local Department of Social Services shall give primary consideration to the best interests of the child. The local department shall consider the following factors in determining the permanency plan that is in the best interests of the child:
The child's ability to be safe and healthy in the home of the child's parent;

The child's attachment and emotional ties to the child's natural parents and siblings;

The child's emotional attachment to the child's current caregiver and the caregiver's family;

The length of time the child has resided with the current caregiver;

The potential emotional, developmental, and educational harm to the child if moved from the child's current placement; and

The potential harm to the child by remaining in State custody for an excessive period of time.

Concurrent Planning

Statute: Md. Code Ann. Fam. Law § 5-525(b)(2), (d)(3) (WESTLAW through Md. 2003 Legis. Serv., Ch. 250)

Law:

In establishing the out-of-home placement program, the administration shall concurrently develop and implement a permanency plan that is in the best interests of the child.
Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with the reasonable efforts to preserve or reunify the family.