Maryland Family Law Section 5-318

Article - Family Law

§ 5-318.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      A child placement agency that was granted guardianship before June 1, 1967 may consent to long term care short of adoption of the child only if the consent is approved by the court, on an appropriate petition, after any investigation and hearing the court considers necessary.

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

      (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 a condition of consent under § 5-320(b) of this subtitle may not be fulfilled:

                  (i)      the party promptly shall:

                        1.      file notice with the juvenile court; and

                        2.      give notice to all of the other parties;

                  (ii)      the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and

                  (iii)      if the party whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall set the case in for a prompt trial on the merits of the petition.

      (b)      Before a juvenile court grants guardianship under § 5-320(a)(2) of this subtitle, the juvenile court shall hold a trial on the merits of the petition.

      (c)      Before a trial or other hearing under this section, a juvenile court shall give notice to all of the parties.



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