Maryland Family Law Section 5-319

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      In this section, "disrupted placement" means the permanent removal of a child to be adopted from the prospective adoptive family or adopting individual by a child placement agency before the entry of a final decree of adoption.

      (b)      Except as provided in subsection (g) of this section, a guardian with the right to consent to adoption, including a guardian with the right to consent to adoption who was appointed without the consent of the natural parents, shall file a written report with the court and give notice of the child's status to each natural parent of the child under the guardianship and to the child's court-appointed counsel if:

            (1)      a placement for adoption is not made within 9 months of the decree of guardianship;

            (2)      a placement for adoption is made within 9 months of the decree of guardianship, but there is a disrupted placement, and a new placement is not made within 120 days of the disrupted placement; or

            (3)      a final decree of adoption is not entered within 2 years after placement for adoption.

      (c)      The guardian shall mail the notice required by this section to each natural parent at the last address known to the guardian.

      (d)      A natural parent may waive the right to notice under this section. The waiver shall appear expressly in:

            (1)      the natural parent's consent to the guardianship; and

            (2)      the decree of guardianship.

      (e)      The written report required by this section shall:

            (1)      be filed with the court; and

            (2)      state the reasons for delay in placement for adoption.

      (f)      On receipt of the guardian's report under subsection (b) of this section, and every 12 months thereafter, the court:

            (1)      shall hold a hearing to review the progress which has been made toward the child's adoption and to review whether the child's current placement and circumstances are in the child's best interest; and

            (2)      shall then take whatever action the court considers appropriate in the child's best interest.

      (g)      (1)      Further reports, notices to the natural parents, and hearings are not required if the court determines after a hearing that it is in the best interest of the child to remain with a specified family which agrees to the long-term placement.

            (2)      If the long-term placement is subsequently changed, the child is entitled to annual hearings under subsection (f) of this section.

      (h)      The court may require the guardian to file periodic written progress reports on the child's status, with recommendations for further supervision, treatment, or rehabilitation.

      (i)      If guardianship with the right to consent to adoption or long-term care short of adoption has been ordered by an equity court, the jurisdiction of the equity court over the child may continue until that individual reaches 21 years of age, unless terminated sooner.

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

      (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 not enter an order for guardianship of a child under this subtitle before the later of:

            (1)      30 days after the birth of the child;

            (2)      expiration of the time set for revocation of consent, and not waived, under § 5-321(c) of this subtitle; or

            (3)      expiration of the time to respond to the show cause order issued under § 5-316 of this subtitle.