Section 5-3A-25 – Termination of Guardianship
(a) Unless terminated sooner, a court retains jurisdiction over a child until the child attains 18 years of age. (b) An order for adoption of a child terminates the child’s guardianship case.
Section 5-3A-22 – Effects of Order for Guardianship
(a) An order for guardianship of an individual: (1) except as provided in § 5-3A-23 of 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 notice to a parent as to the filing of […]
Section 5-3A-23 – Guardianship Review
(a) (1) A child placement agency shall file a written report with a court with jurisdiction over a child whenever: (i) the child placement agency fails to place the child for adoption with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article: 1. within 270 days after being awarded guardianship; or 2. within 180 days after permanently […]
Section 5-3A-24 – Failed Conditional Consent During Guardianship
If a petitioner becomes aware, after a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall: (1) file notice with the court; (2) give notice to all of the other parties; (3) if consent was received from a governmental unit or person who is […]
Section 5-3A-13 – Petition
(a) Only a child placement agency may petition for guardianship under this subtitle. (b) A court may grant guardianship under this subtitle only for a minor. (c) A petitioner shall attach to a petition: (1) all written consents for the guardianship that the petitioner has; and (2) if applicable: (i) proof of guardianship or relinquishment of parental rights granted by an […]
Section 5-3A-14 – Notice of Filing
(a) Within 5 days after a petition for guardianship of a child is filed with a court, the clerk shall send a copy of the petition and notice of filing to: (1) each of the child’s living parents who has not waived the right to notice; and (2) each living parent’s attorney of record. (b) Notice under this section […]
Section 5-3A-15 – Order to Show Cause
(a) On issuance of a show–cause order as to guardianship of a child, a petitioner shall serve the order on each of the child’s living parents who has not consented to the guardianship. (b) Service under this section shall be by: (1) personal service; or (2) certified mail, restricted delivery, return receipt requested. (c) Service on a parent under this […]
Section 5-3A-16 – Investigation
Before ruling on a guardianship petition, a court may order any investigation that the court considers necessary.
Section 5-3A-17 – Time Limits
(a) Subject to subsection (b) of this section, a court shall rule on a guardianship petition under this subtitle within 180 days after the petition is filed. (b) A court may not enter a final order for guardianship under this subtitle until the later of expiration of the time for: (1) revocation of consent; or (2) the filing of […]
Section 5-3A-18 – Authority to Grant Guardianship
(a) A court may grant a guardianship of a child only if: (1) each of the child’s living parents consents: (i) in writing; or (ii) by failure to timely file notice of objection after being served with a show–cause order in accordance with this subtitle; (2) an administrative, executive, or judicial body of a state or other jurisdiction has granted […]