1. A. Domestic Adoption-Related Child Placement Services. A licensed child placement agency providing domestic adoption services may charge a reasonable fee for reimbursement of services by developing a sliding fee scale based on income. The agency may not:

   1. (1) Charge a fee unless it has provided the applicant with:

      1. (a) The agency's fee and refund policy;
      2. (b) An estimate of the agency's maximum fee for specific services;
      3. (c) Information regarding available public and private subsidies; and
      4. (d) The agency's sliding income fee scale; and

   2. (2) Except for a reasonable nonrefundable administrative fee, keep payment from the adoptive parent unless the agency has provided the services, irrespective of whether:

      1. (a) An application and home study are pursued to completion, or
      2. (b) A child is adopted.

2. B. International Adoption. The agency shall:

   1. (1) If a foreign country ceases adoption activity with the United States:

      1. (a) Keep a designated nonrefundable fee established at the time the fee was collected; or
      2. (b) Refund the entire collected fee;

   2. (2) Designate a reasonable refundable fee which shall be:

      1. (a) Used for legal and other expenses when the adoption is finalized in a foreign country;
      2. (b) Placed in an escrow or reserve account if it is not needed within 60 days of receipt by the agency; and

      3. (c) Returned to the applicant if the adoption is not finalized, and:

         1. (i) The adoptive parent has not caused the collapse of the adoption by actions or statements, and
         2. (ii) Funds are not needed for legal and other documented expenses in the foreign country;
   3. (3) Inform the applicant in writing of the reasonable fees described in §B(1) and (2) of this regulation; and
   4. (4) If the adopted child has special needs as defined in Regulation .06B(1) of this chapter, explore the availability of State reimbursement for nonrecurring adoption expenses as described in COMAR 07.02.12.18.

Authority: Family Law Article, §§5-101, 5-301—5-414, 5-3A-01 et seq., 5-4A-01 et seq.,5-4B-01 et seq., 5-524, and 5-525, Annotated Code of Maryland. Agency Note ; Federal Regulatory Reference: 42 U.S.C. §670 et seq.; 45 CFR 1355

Effective date: January 12, 2001 (27:26 Md. R. 2357)