EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1155*
HOUSE BILL 1155
D4 2lr2084
HB 893/21 – JUD CF 2lr2085
By: Delegates McComas, Boteler, and McKay
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Foster Parents, Kinship Parents, Preadoptive Parents, and Caregivers – Right 2
to Intervene 3
FOR the purpose of requiring the local department of social services and the circuit court 4
to provide notice to a child’s foster parent, kinship parent, preadoptive parent, or 5
caregiver of the right to intervene as a party in a proceeding concerning the child; 6
extending to kinship parents certain rights granted to foster parents, preadoptive 7
parents, and caregivers; granting to foster parents, kinship parents, preadoptive 8
parents, and caregivers the right to intervene as a party in certain proceedings; 9
granting the right to obtain nonprivileged documents pertaining to a child to the 10
child’s foster parent or kinship parent; and generally relating to the rights of foster 11
parents, kinship parents, preadoptive parents, and caregivers. 12
BY repealing and reenacting, with amendments, 13
Article – Courts and Judicial Proceedings 14
Section 3–801(u) and 3–816.3 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Family Law 19
Section 5–504 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25
3–801. 26 2 HOUSE BILL 1155
(u) (1) “Party” means: 1
(i) A child who is the subject of a petition; 2
(ii) The child’s parent, guardian, or custodian; 3
(iii) The petitioner; or 4
(iv) An adult who is charged under § 3–828 of this subtitle. 5
(2) “Party” does not include a foster parent, KINSHIP PARENT, 6
PREADOPTIVE PARENT , OR CAREGIVER UNLESS THAT INDIVIDU AL HAS EXERCISED 7
THE RIGHT TO INTERVE NE AS PROVIDED IN § 3–816.3(D) OF THIS SUBTITLE . 8
3–816.3. 9
(a) In this section, “preadoptive parent” means an individual whom a child 10
placement agency, as defined in § 5–101 of the Family Law Article, approves to adopt a 11
child who has been placed in the individual’s home for adoption before the order of adoption. 12
(b) Unless waived for good cause, before any proceeding concerning a child, the 13
local department AND THE CIRCUIT COUR T shall give at least 10 days’ notice in writing 14
to the child’s foster parent, KINSHIP PARENT , preadoptive parent, or caregiver of [the]: 15
(1) THE date, time, and place of the proceeding [and of the]; 16
(2) THE right to be heard at the proceeding; AND 17
(3) THE RIGHT TO INTERVEN E AS A PARTY IN THE PROCEEDING AS 18
PROVIDED IN SUBSECTI ON (D) OF THIS SECTION . 19
(c) The foster parent, KINSHIP PARENT , preadoptive parent, OR caregiver[,] or 20
an attorney for the foster parent, KINSHIP PAREN T, caregiver, or an attorney for the foster 21
parent, preadoptive parent, or caregiver WHO HAS NOT EXERCISE D THE RIGHT TO 22
INTERVENE AS A PARTY shall be given the right to be heard at the proceeding. 23
(d) (1) The foster parent, KINSHIP PARENT , preadoptive parent, caregiver, or 24
attorney may not be considered to be a party solely on the basis of the right to notice and 25
the right to be heard provided under this section. 26
(2) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (3) AND (4) OF 27
THIS SUBSECTION , THE FOSTER PARENT , KINSHIP PARENT , PREADOPTIVE PARENT , 28
OR CAREGIVER SHALL H AVE THE RIGHT TO INT ERVENE AS A PARTY IN ANY CHILD 29
ABUSE OR NEGLECT , TERMINATION OF PAREN TAL RIGHTS , OR ADOPT ION 30 HOUSE BILL 1155 3
PROCEEDING . 1
(3) A FOSTER PARENT , KINSHIP PARENT , PREADOPTIVE PARENT , OR 2
CAREGIVER WITH WHOM THE CHILD HAS BEEN L IVING FOR AT LEAST 12 MONTHS 3
SHALL, ON REQUEST , BE DESIGNATED AS A P ARTY TO ANY CHILD AB USE OR 4
NEGLECT, TERMINATION OF PAREN TAL RIGHTS, OR ADOPTION PROCEEDI NG. 5
(4) A FOSTER PARENT , KINSHIP PARENT , PREADOPTIVE PARENT , OR 6
CAREGIVER WITH WHOM THE CHILD HAS BEEN L IVING FOR LESS THAN 12 MONTHS 7
MAY, AT THE DISCRETION OF THE COURT, BE DESIGNATED AS A P ARTY TO ANY CHILD 8
ABUSE OR NEGLECT , TERMINATION OF PARENTAL R IGHTS, OR ADOPTION 9
PROCEEDING . 10
Article – Family Law 11
5–504. 12
(a) Foster AND KINSHIP parents in this State have the following rights: 13
(1) the right, at the initial placement, at any time during the placement of 14
a child in foster care OR KINSHIP CARE , and as soon as practicable after new information 15
becomes available, to receive full information from the caseworker, except for information 16
about the family members that may be privileged or confidential, on the physical, social, 17
emotional, educational, and mental history of a child which would possibly affect the care 18
provided by a foster parent OR KINSHIP PARENT ; 19
(2) with regard to the local department case planning, the right to: 20
(i) except for meetings covered by the attorney–client privilege or 21
meetings in which confidential information about the natural parents is discussed, be 22
notified of, and when applicable, be heard at scheduled meetings and staffings concerning 23
a child in order to actively participate, without superseding the rights of the natural 24
parents to participate and make appropriate decisions regarding the child, in the case 25
planning, administrative case reviews, interdisciplinary staffings, and individual 26
educational planning and mental health team meetings; 27
(ii) be informed of decisions made by the courts or a child welfare 28
agency concerning a child; and 29
(iii) provide input concerning the plan of services for a child and to 30
have that input given full consideration by the local department; [and] 31
(3) the right to be given reasonable written notice, waived only in cases of 32
a court order or when a child is determined to be at imminent risk of harm, of plans to 33
terminate the placement of a child with a foster parent OR KINSHIP PARENT ; AND 34
4 HOUSE BILL 1155
(4) THE RIGHT TO RECEIVE NOTICE OF AND , IN ACCORDANCE WITH 1
THE PROVISIONS OF § 3–816.3 OF THE COURTS ARTICLE, INTERVENE AS A PARTY IN 2
CHILD ABUSE AND NEGL ECT, TERMINATION OF PAREN TAL RIGHTS, AND ADOPTION 3
PROCEEDINGS . 4
(B) (1) A FOSTER PARENT OR KIN SHIP PARENT SHALL HA VE THE RIGHT 5
TO OBTAIN ALL NONPRI VILEGED INFORMATION IN DOCUMENTS PERTAIN ING TO A 6
CHILD IN THE CARE OF THE FOSTER PARENT OR KINSHIP PARENT . 7
(2) A PARTY WHO ASSERTS THAT INFORMATION IN A DOCUMENT IS 8
PRIVILEGED SHALL : 9
(I) IDENTIFY THE PRIVILE GE; 10
(II) PROVE THE APPLICABIL ITY OF THE PRIVILEGE ; AND 11
(III) PRODUCE THE DOCUMENT , WITH THE INFORMATION FOR 12
WHICH THE PRIVILEGE IS CLAIMED REDACTED . 13
[(b)] (C) This section does not create, and may not be construed to create, a cause 14
of action for foster parents OR KINSHIP PARENTS . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17