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Section 5-313 – Petition

    (a)    Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.     (b)    Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.     (c)    A petition for guardianship of an individual […]

Section 5-314 – Parental Addresses

    A clerk of a juvenile court shall keep a listing of each address given to the juvenile court for a parent under this Part II of this subtitle.

Section 5-315 – Notice of Filing

    (a)    Within 5 days after a petition for guardianship of a child is filed with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:         (1)    the local department;         (2)    each of the child’s living parents who has not waived the right to notice; […]

Section 5-316 – Order to Show Cause

    (a)    Promptly after a petition for guardianship is filed under this Part II of this subtitle, a juvenile court shall issue a show–cause order that requires the party to whom it is issued to respond as required under the Maryland Rules.     (b)    On issuance of a show–cause order as to guardianship of a child, a petitioner shall […]

Section 5-317 – Investigations

    In addition to any investigation required under § 5-323(c) of this subtitle, a juvenile court may order a neutral governmental unit or neutral person to carry out any investigation that the juvenile court considers necessary to determine a child’s best interests in ruling on a petition for guardianship.

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 […]

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 5-321 – 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 […]