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Maryland Code, Family Law § 5-321

Current as of January 01, 2025 | Updated by Findlaw Staff

(a)(1) Consent of a parent to guardianship may include a waiver of the right to notice of:

(i) the filing of a petition under this subtitle; and

(ii) a hearing under this subtitle.

(2) Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period.

(3) Consent of a party to guardianship is not valid unless:

(i) the consent is given in a language that the party understands;

(ii) if given in a language other than English, the consent:

1. is given before a judge on the record; or

2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(iii) the party has received written notice or on-the-record notice before a judge of:

1. the revocation provisions in subsections (a)(2) and (c)(1) of this section;

2. the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

3. the right to file a disclosure veto under § 5-359 of this subtitle;

(iv) if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that:

1. counsel reviewed the consent with the parent; and

2. the parent consents knowingly and voluntarily; and

(v) the consent is accompanied by an affidavit of counsel appointed under § 5-307(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.

(b)(1) Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall:

(i) file the consent in the individual's CINA case; and

(ii) serve a copy of the consent on:

1. each living parent of the individual;

2. the parent's last attorney of record in the CINA case; and

3. the individual's last attorney of record in the CINA case.

(2) Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall:

(i) file the consent with the juvenile court in which the petition is pending; and

(ii) serve a copy of the consent on each other party.

(c)(1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of:

(i) 30 days after the person signs the consent; or

(ii) 30 days after the consent is filed as required under this section.

(2) Consent to guardianship under subsection (a)(2) of this section is irrevocable.

(d) If, at any time before a juvenile court enters an order for adoption of a child, the juvenile court finds that a condition of consent to guardianship will not be fulfilled, the consent or acquiescence becomes invalid.

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Cite this article: FindLaw.com - Maryland Code, Family Law § 5-321 - last updated January 01, 2025 | https://codes.findlaw.com/md/family-law/md-code-family-sect-5-321/

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