1. A. A child may be considered for open adoption when:

   1. (1) Family reunification efforts are unsuccessful and adoption is the permanent plan;
   2. (2) The child's age and level of contact with, or commitment to, the parent make it emotionally difficult for the child to sever all ties with the parent; or

   3. (3) A prospective adoptive parent can show, through the home study process, that the prospective adoptive parent:

      1. (a) Is willing and able to allow and encourage contact of the child with the parent,
      2. (b) Understands the child's dual needs for a permanent home and contact with the parent, and
      3. (c) Can anticipate feeling secure in the role as the child's adoptive parent while also facilitating contact with the parent.

2. B. In an open adoption, the agency child placement worker shall:

   1. (1) Document that the adoptive parent, parent, and the child, when age appropriate, were told the legal, emotional, and social ramifications of open adoption;

   2. (2) Document before placement of the child, the:

      1. (a) Visiting plan,
      2. (b) Level of contact, and
      3. (c) Expectations of adoptive parent and parent about their roles;

   3. (3) Document discussions with the adoptive parent and parent regarding the importance of pre-placement visits with:

      1. (a) The child by the adoptive parent, and
      2. (b) The adoptive parent by the parent;
   4. (4) Extend post-placement services to the child, adoptive parent, and parent;
   5. (5) Be available for counseling on issues relating to the open adoption;
   6. (6) Complete and retain records related to the child, adoptive parent, and parent as required in this chapter; and
   7. (7) Except for any requirement regarding non-identification, assure that the child, adoptive parent, and parent receive the same services and protections offered under this chapter and COMAR 07.05.01.

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)