Section 5-319 – Time Limits
(a) Subject to subsection (b) of this section, a juvenile court shall rule on a guardianship petition: (1) within 180 days after the petition is filed; and (2) within 45 days after the earlier of: (i) receipt of all of the consents required under this Part II of this subtitle; or (ii) trial on the merits. (b) A juvenile court may […]
Section 5-337 – Considerations
(a) In ruling on a petition for a child’s adoption under this Part III of this subtitle, a juvenile court shall consider: (1) any assurance by a local department to fund needed support for the child; (2) all factors necessary to determine the child’s best interests; and (3) a report by a child placement agency, completed in accordance with […]
Section 5-320 – Authority to Grant Guardianship
(a) A juvenile court may grant guardianship of a child only if: (1) (i) the child does not object; (ii) the local department: 1. filed the petition; or 2. did not object to another party filing the petition; and (iii) 1. each of the child’s living parents consents: A. in writing; B. knowingly and voluntarily, on the record before the juvenile court; or C. by failure […]
Section 5-338 – Authority to Grant Adoption
(a) A juvenile court may enter an order for a child’s adoption under this Part III of this subtitle only if: (1) (i) both the child’s parents are dead; (ii) an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, […]
Section 5-321 – Consent
(a) (1) Consent of a parent to guardianship may include a waiver of the right to notice of: (i) the filing of a petition under this subtitle; and (ii) a hearing under this subtitle. (2) Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period. (3) Consent of a party to guardianship […]
Section 5-339 – Consent
(a) (1) Consent of a parent to an adoption under this Part III of this subtitle may include: (i) a provision barring a petitioner from learning identifying information about the parent; and (ii) a waiver of the right to notice of further proceedings under this Part III of this subtitle. (2) Consent to adoption entered into before a judge on […]
Section 5-322 – Grant of Guardianship — Consensual
(a) If all consents for guardianship of a child have been given in accordance with this subtitle and the child has not objected, a juvenile court may enter an order for guardianship. (b) (1) Within 5 days after entry of an order under this section, a juvenile court shall give notice of the order to: (i) each party or, […]
Section 5-323 – Grant of Guardianship — Nonconsensual
(a) In this section, “drug” means cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine. (b) 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 […]
Section 5-324 – Contents of Order
(a) In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include: (1) a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan; (2) any order under Title 3, Subtitle 8 of the Courts Article in the child’s best interests; and (3) a date, no later […]
Section 5-325 – Effects of Order for Guardianship
(a) An order for guardianship of an individual: (1) except as otherwise provided in this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent’s duties, obligations, and rights toward the individual; (2) eliminates the need for a further consent by a parent to adoption of the individual; […]