Interstate Compact For Adoption & Medical Assistance In Maryland

Under Maryland family law, adoption can be a relatively straightforward process. A child without parents — or whose parents renounced their rights — can find a new home through adoptive parents. Furthermore, Maryland offers various programs to provide financial assistance to adopted children, including certain medical benefits and services.

The adoption process can become more complicated if the parents live or move outside of Maryland. In these cases, it can be difficult for Maryland to deliver financial assistance and other services to the adopted child. That is why Maryland codified the Interstate Compact for Adoption and Medical Assistance.

Purpose of Interstate Adoption & Medical Assistance

Maryland Code of Family Law Section 5-4A-02 establishes the legislative intent and purpose of the Interstate Compact for Adoption and Medical Assistance. Under this section, the Maryland General Assembly recognized that special considerations can exist for children who are eligible for state-sponsored adoption assistance.

More specifically, when adoptive parents live or move outside of Maryland, it can be difficult to:

• Locate adoptive families for children who are eligible for state assistance;
• Protect the best interests of adopted children affected; and
• Deliver medical and other necessary services outside of the state.

Given the considerations detailed above, Section 5-4A-02 authorizes the Social Services Administration of the Maryland Department for Human Services to:

• Enter into agreements with out-of-state agencies to ensure the protection of adopted children eligible to receive assistance; and
• Provide procedures for interstate payments of adoption assistance, medical services, and other related payments.

Maryland Code of Family Law Section 5-4A-03 enables the Social Services Administration to develop, negotiate, participate in the development of, and enter into interstate compacts to provide adoption and medical assistance. This section also clarifies that, once entered into, any interstate compact for adoption and medical assistance carries the full force and effect of the law.

False, Misleading, or Fraudulent Claims

Maryland Code of Family Law Section 5-4A-06 outlines the laws against and penalties for false, misleading, or fraudulent claims. Under this section, it is unlawful to:

• Submit a claim for payment or reimbursement of services or benefits; or
• Make a statement in connection with a claim for payment or reimbursement of services or benefits; and
• Know or have a reason to know that the claim or statement was false, misleading, or fraudulent.

Any person who violates Section 5-4A-06 is guilty of perjury under Maryland law. The penalty upon conviction includes criminal fines up to $10,000 and imprisonment for a maximum of two years.

Do You Need Legal Help?

If you have legal questions about adoption or other facets of family law in Maryland, it can be tremendously productive to schedule a consultation with an adept Bel Air adoption attorney. The attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in family and criminal law, including adoption. If you need legal help, contact us today for an initial consultation.

SOURCES:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=5-4A-01&enactments=false

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=5-4A-02&enactments=False&archived=False

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=5-4A-03&enactments=False&archived=False