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 5-322 – 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; […]
Section 5-326 – Review Hearings
(a) (1) A juvenile court shall hold: (i) an initial guardianship review hearing as scheduled under § 5–324(b)(1)(vi) of this subtitle to establish a permanency plan for the child; and (ii) at least once each year after the initial guardianship review hearing until the juvenile court’s jurisdiction terminates, a guardianship review hearing. (2) At each guardianship review hearing, a juvenile […]
Section 5-327 – Failed Conditional Placement During Guardianship
If, after a juvenile court grants guardianship, a party becomes aware that a condition of consent to the guardianship may not be fulfilled: (1) the party promptly shall: (i) file notice with the juvenile court; (ii) give notice to all of the other parties; and (iii) if consent was received from a governmental unit or person who is not […]
Section 5-328 – Termination of Guardianship
(a) If a local department is a child’s guardian under this subtitle, a juvenile court: (1) retains jurisdiction until: (i) the child attains 18 years of age; or (ii) the juvenile court finds the child to be eligible for emancipation; and (2) may continue jurisdiction until the child attains 21 years of age. (b) If a juvenile court designates an individual […]
Section 5-318 – Hearings on Guardianship Petition
(a) (1) In addition to any hearing required under this subsection or § 5-306(b)(2) of this subtitle, a juvenile court may hold a hearing before entering a guardianship order under § 5-320(a)(1) of this subtitle or otherwise ruling on a guardianship petition. (2) If a party becomes aware, before a juvenile court rules on a guardianship petition, that […]
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 […]