(a) In this section, “educational stability” means the continuous process of identifying and implementing the appropriate educational placement, training, resources, services, and experiences that will address the fundamental needs necessary to ensure the successful educational outcome of a child and contribute to the child’s overall well–being.
(b) The court shall inquire as to the educational stability of a child at a shelter care hearing, adjudicatory hearing, disposition hearing, and any change of placement proceeding.
(c) In determining the educational stability of a child under this section, the court may consider the following factors:
(1) The appropriateness of the child’s current school placement;
(2) The school placement of the child’s siblings;
(3) The minimization of school changes;
(4) The proximity of the school to the child’s placement;
(5) Transportation to and from school;
(6) The proper release and prompt transfer of the child’s education records;
(7) The child’s school attendance;
(8) The identification of and consultation with the child’s educational guardian;
(9) The maintenance of any individual education plan (IEP); and
(10) The child’s appropriate grade level progress or progress toward graduation.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 8 - Juvenile Causes -- Children in Need of Assistance
Section 3-802 - Purposes and Construction of Subtitle
Section 3-803 - Jurisdiction of Court
Section 3-804 - Continuing Jurisdiction; Termination of Jurisdiction
Section 3-806 - Assignment of Judges; Qualifications
Section 3-807 - Magistrate for Juvenile Causes
Section 3-808 - Cases to Be Tried Without Jury
Section 3-809 - Filing of Petition; Notice for Decision Not to File; Request for Review
Section 3-810 - Form of Pleadings; Procedures; Confidentiality
Section 3-811 - Content of Petition
Section 3-813 - Right to Counsel
Section 3-814 - Taking Child Into Custody
Section 3-815 - Shelter Care for Child Alleged to Be in Need of Assistance
Section 3-816 - Study Concerning Matters Relevant to Case
Section 3-816.1 - Findings in Certain Hearings
Section 3-816.2 - Review Hearings
Section 3-816.3 - Rights of Preadoptive Parents, Foster Parents, and Caregivers of Child
Section 3-816.4 - Educational Stability
Section 3-817 - Adjudicatory Hearing
Section 3-818 - Presumption That Child Is Not Receiving Proper Care and Attention
Section 3-819 - Disposition Hearing
Section 3-819.1 - Voluntary Placement Hearing
Section 3-819.2 - Custody and Guardianship to Individual
Section 3-820 - Removal of Child From Court-Ordered Placement
Section 3-821 - Order Controlling Conduct of Person Before Court
Section 3-822 - Address and Identity of Parents
Section 3-823 - Permanency Plan for Out-of-Home Placement
Section 3-825 - Limitations Regarding Commitment Facilities
Section 3-826 - Reports Prior to Hearings; Custodian Progress Reports
Section 3-827 - Confidentiality of Records