Section 5-362 - Prohibited payments. - Maryland Statutes

§ 5-362. Prohibited payments.
 

(a)  Prohibited act.- Except as otherwise provided by law, a person may not charge or receive, from or for a parent or prospective adoptive parent, any compensation for a service in connection with: 

(1) placement of an individual to live with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article; or 

(2) an agreement for custody in contemplation of adoption. 

(b)  Construction of section.-  

(1) In this subsection, "Administration" means the Social Services Administration of the Department. 

(2) This section does not: 

(i) prohibit payment, by an interested person, of a customary and reasonable charge or fee for hospital, legal, or medical services; or 

(ii) prevent the Administration, or a person that the Administration licenses or supervises, from receiving and accepting reasonable reimbursement for costs of an adoptive service in connection with adoption, if: 

1. the reimbursement is in accordance with standards set by regulation of the Administration; and 

2. the ability to provide this reimbursement does not affect: 

A. the acceptability of any individual for adoptive services; or 

B. the choice of the most suitable prospective adoptive parent. 

(c)  Duty of State's Attorney.- Each State's Attorney shall enforce this section. 

(d)  Penalties.- A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 months or both, for each offense. 
 

[2005, ch. 464, § 3.]