2013 Maryland Code
FAMILY LAW
§ 5-3A-23 - Guardianship review


MD Fam L Code § 5-3A-23 (2013) What's This?

(a) Report. --

(1) A child placement agency shall file a written report with a court with jurisdiction over a child whenever:

(i) the child placement agency fails to place the child for adoption with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article:

1. within 270 days after being awarded guardianship; or

2. within 180 days after permanently removing the child from another placement; or

(ii) a court does not enter a final order of adoption within 2 years after the placement.

(2) A report under this subsection shall state each reason for the delay in placement or adoption.

(b) Notice. --

(1) Whenever a child placement agency files a report under this section, the child placement agency shall mail notice of the child's status:

(i) to each of the child's living parents who has not waived the right to notice and, if represented, counsel; and

(ii) if a court appointed counsel for the child under this subtitle, to the child's last attorney of record.

(2) A waiver of rights under this subsection is not valid unless the waiver appears expressly in:

(i) the parent's consent to guardianship; and

(ii) the guardianship order.

(c) Hearing. --

(1) Whenever a court receives a report under this section, the court shall hold a hearing to:

(i) review the progress that the child placement agency has made toward adoption of the child; and

(ii) take all actions that the court considers to be in the child's best interests.

(2) Each year after a hearing under paragraph (1) of this subsection until the court's jurisdiction terminates, the court shall hold another review hearing.

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