2016 Maryland Code
Family Law
Title 5 - Children
Subtitle 3 - Guardianship to and Adoption Through Local Department
Part II - Guardianship
§ 5-318. Hearings on guardianship petition

MD Fam L Code § 5-318 (2016) What's This?

(a) Consensual guardianship. --

(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;

2. give notice to all of the other parties; and

3. if consent was received from a governmental unit or person who is not a party, give notice to that unit or person;

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

(iii) if the party, unit, or person 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) Nonconsensual guardianship. -- 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) Notice of hearings. -- Before a trial or other hearing under this section, a juvenile court shall give notice to all of the parties.

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