Maryland Family Law Section 5-322
§ 5-322.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
(a) (1) (i) Subject to paragraph (2) of this subsection, a petitioner shall give to each person whose consent is required notice of the filing of a petition for adoption or a petition for guardianship.
(ii) In addition to the notice of filing required under subparagraph (i) of this paragraph, if a petition for guardianship is filed after a juvenile proceeding in which the child has been adjudicated to be a child in need of assistance, a petitioner shall give notice of the filing of the petition for guardianship to:
1. the attorney who represented a natural parent in the juvenile proceeding; and
2. the attorney who represented the minor child in the juvenile proceeding.
(2) A person whose consent is filed with the petition need not be given notice if the consent includes a waiver of the right to notice of the filing of the petition.
(3) The petitioner shall give notice by entry and service of a show cause order sent to the last known address that the petitioner has for each person whose consent is required.
(b) If a petition for guardianship is filed after a juvenile proceeding in which the child has been adjudicated to be a child in need of assistance, the petitioner shall give notice to each natural parent of the child by serving a show cause order by certified mail or private process on the natural parent:
(1) if the natural parent was present at a CINA hearing and notified by the court of the requirements of § 3-822 of the Courts Article:
(i) at the latest address listed in juvenile court records maintained in accordance with § 3-822 of the Courts Article;
(ii) at the latest address listed in the records of the local department of social services; or
(iii) at any other address listed in the records of the juvenile court or local department of social services within 6 months before the filing of the guardianship petition; or
(2) if the natural parent was not present at a CINA hearing and notified by the court of the requirements of § 3-822 of the Courts Article:
(i) at the latest address, if any, listed in juvenile court records maintained in accordance with § 3-822 of the Courts Article; or
(ii) at any other address for the natural parent identified after reasonable good faith efforts to locate the parent.
(c) (1) If the child has not been adjudicated to be a child in need of assistance in a prior juvenile proceeding and the court is satisfied by affidavit or testimony that the petitioner, after reasonable efforts in good faith, cannot learn the identity or location of a natural parent, the court shall order notice by publication as to that parent.
(2) If the child has been adjudicated to be a child in need of assistance in a prior juvenile proceeding, and the court is satisfied by affidavit or testimony that the petitioner has made reasonable good faith efforts to serve by both certified mail and private process one show cause order on the parent at the addresses specified in subsection (b) of this section, but was not successful, the court shall order notice by publication as to that parent.
(3) If the court orders notice by publication under this subsection, the show cause order shall be published at least once in one or more newspapers of general circulation published in the county in which the petition is filed.
(d) If a person is notified under this section and fails to file notice of objection within the time stated in the show cause order:
(1) the court shall consider the person who is notified to have consented to the adoption or to the guardianship; and
(2) the petition shall be treated in the same manner as a petition to which consent has been given.
(e) (1) For a petition filed by a local department of social services, the court shall determine that a reasonable, good faith effort has been made to identify the last known address of the parent if the petitioner shows, by affidavit or testimony, that inquiries were made after the petition was filed, or within the 6 months preceding the filing of the petition, with the following:
(i) the State Motor Vehicle Administration;
(ii) the local department of social services;
(iii) the State Department of Public Safety and Correctional Services;
(iv) the State Division of Parole and Probation;
(v) the detention center for the local jurisdiction in which the petition is filed;
(vi) the records of the juvenile court for the jurisdiction in which the petition is filed;
(vii) a particular social services agency or detention facility, if the local department is aware that the parent has received benefits from that social services agency, or has been confined in that detention facility, within the 9 months preceding the filing of the petition; and
(viii) each of the following individuals that the petitioner is able to locate and contact:
1. the other parent of the child;
2. known members of the parent's immediate family; and
3. the parent's current or last known employer.
(2) (i) The inquiry shall be considered sufficient if made by searching the computer files of an identified agency or by making an inquiry to the agency or person by regular mail.
(ii) Failure to receive a response to an inquiry within 30 days of mailing shall constitute a negative response to the inquiry.
** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 - 2005 **
(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 each party or, if represented, counsel.
(2) Notice under this subsection shall be by first-class mail.
(3) Notice to a party under this subsection shall be sent to the party's last address known to the juvenile court.
