Maryland Family Law Section 5-317

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      A petition for a decree of adoption may be preceded by a petition for guardianship of the child.

      (b)      Only the executive head of a child placement agency or the attorney for the child on behalf of the child may file a petition for the agency to be granted guardianship.

      (c)      Except as provided in §§ 5-313 and 5-313.1 of this subtitle, the court may grant a decree awarding guardianship only:

            (1)      after any investigation and hearing the court considers necessary; and

            (2)      with the consent of each living natural parent of the child.

      (d)      Within 180 days after a petition for guardianship or petition for adoption is filed under § 5-313 of this subtitle, the court shall rule on the petition.

      (e)      In a proceeding for guardianship, consent may be revoked at any time within 30 days after the consent is signed.

      (f)      A decree of guardianship:

            (1)      terminates the natural parents' rights, duties, and obligations toward the child;

            (2)      subject to § 5-319 of this subtitle, eliminates the need to give notice to the natural parents of the filing of a petition for adoption of the child;

            (3)      eliminates the need for a further consent by the natural parents to an adoption of the child; and

            (4)      subject to § 5-319 of this subtitle, authorizes the child placement agency to consent to joint guardianship, custody, or other long-term placement that the agency determines to be in the child's best interest.

      (g)      (1)      After any investigation and hearing the court considers necessary, the court may grant a decree awarding joint guardianship, custody, or other long-term placement that the court determines to be in the child's best interest.

            (2)      If joint guardianship is awarded to a caregiver, the child placement agency shall retain guardianship with the right to consent to adoption or long-term care short of adoption.

** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 - 2005 **

      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.