‒Unreported Opinion‒
18
Rashawn, 402 Md. at 495. That presumption, however, “may be rebutted upon a showing
either that the parent is ‘unfit’ or that ‘exceptional circumstances’ exist which would make
continued custody with the parent detrimental to the best interest of the child.” Id.
Maryland Code (2012 Repl. Vol.) ' 5-323(b) of the Family Law Article (“F.L.”),
gives juvenile courts the authority to terminate an individual’s parental rights. It provides:
Authority. C If, after consideration of factors as required in this section, a
juvenile court finds by clear and convincing evidence that a parent is unfit to
remain in a parental relationship with the child or that exceptional
circumstances exist that would make a continuation of the parental
relationship detrimental to the best interests of the child such that terminating
the rights of the parent is in a child’s best interests, the juvenile court may
grant guardianship of the child without consent otherwise required under this
subtitle and over the child’s objection.
The factors that a court must consider in determining the child’s best interest are set
forth in F.L. ' 5-323(d):
(d) Considerations. C Except as provided in subsection (c) of this section,
in ruling on a petition for guardianship of a child, a juvenile court shall give
primary consideration to the health and safety of the child and consideration
to all other factors needed to determine whether terminating a parent’s rights
is in the child=s best interests, including:
(1) (i) all services offered to the parent before the child’s placement,
whether offered by a local department, another agency, or a professional;
(ii) the extent, nature, and timeliness of services offered by a local
department to facilitate reunion of the child and parent; and
(iii) the extent to which a local department and parent have
fulfilled their obligations under a social services agreement, if any;
(2) the results of the parent’s effort to adjust the parent’s
circumstances, condition, or conduct to make it in the child’s best interests
for the child to be returned to the parent’s home, including:
(i) the extent to which the parent has maintained regular contact
with:
1. the child;
2. the local department to which the child is committed; and
3. if feasible, the child’s caregiver;