reglab/housing_qa huggingface dataset:
MD. Family Law Code Ann. §  5-302 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-302 - Scope of Subtitle

    (a)    This subtitle applies only to:        (1)    guardianship of an individual who is committed to a local department as a child in need of assistance;        (2)    adoption of an individual who is committed to a local department as a child in need of assistance, without prior termination of parental rights as to the individual; and        (3)    adoption of an individual under guardianship under this subtitle.    (b)    This subtitle:        (1)    does not apply to a guardianship case filed on or before December 31, 2005, until guardianship is granted; and        (2)    unless otherwise specified, does not apply to an adoption case filed on or before December 31, 2005.
MD. Family Law Code Ann. §  5-303 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-303 - Statement of Findings; Purposes

    (a)    The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary.    (b)    The purposes of this subtitle are to:        (1)    timely provide permanent and safe homes for children consistent with their best interests;        (2)    protect children from unnecessary separation from their parents;        (3)    ensure adoption only by individuals fit for the responsibility;        (4)    protect parents from making hurried or ill-considered agreements to terminate parental rights;        (5)    protect prospective adoptive parents by giving them information about children and their backgrounds; and        (6)    protect adoptive parents from future disturbances of their relationships with children by former parents.
MD. Family Law Code Ann. §  5-304 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-304 - Relationship With Title 5, Subtitle 5

    This subtitle is related to and should be read in relation to Subtitle 5 of this title.
MD. Family Law Code Ann. §  5-305 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-305 - Foreign Orders

    (a)    In this section, “order” includes any action that, under the laws of another jurisdiction, has the force and effect of a comparable judicial order under this subtitle.    (b)    In accordance with the United States Constitution, this State shall accord full faith and credit to:        (1)    an order of another state as to adoption or guardianship in compliance with the other state’s laws; and        (2)    termination of parental rights in compliance with the other state’s laws.    (c)    As to a jurisdiction other than a state:        (1)    an order for adoption or guardianship entered in compliance with the jurisdiction’s laws shall have the same legal effect as an order for adoption or guardianship entered in this State; and        (2)    termination of parental rights in compliance with the jurisdiction’s laws shall have the same legal effect as termination of parental rights in this State.
MD. Family Law Code Ann. §  5-306 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-306 - Paternity

    (a)    Unless a court excludes a man as the father of a child, a man is the father if:        (1)    the man was married to the child’s mother at the time of the child’s conception;        (2)    the man was married to the child’s mother at the time of the child’s birth;        (3)    the man is named as the father on the child’s birth certificate and has not signed a denial of paternity;        (4)    the child’s mother has named the man as the child’s father and the man has not signed a denial of paternity;        (5)    the man has been adjudicated to be the child’s father;        (6)    the man has acknowledged himself, orally or in writing, to be the child’s father and the mother agrees; or        (7)    on the basis of genetic testing, the man is indicated to be the child’s biological father.    (b)    (1)    A petitioner under Part II or Part III of this subtitle shall give a juvenile court notice that a man who is not named in the petition and has not been excluded as a father claims paternity.        (2)    After a request of a party or claimant and before ruling on a petition under Part II or Part III of this subtitle, a juvenile court shall hold a hearing on the issue of paternity.
MD. Family Law Code Ann. §  5-307 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-307 - Appointed Counsel

    (a)    (1)    Unless the public defender is required under § 16–204 of the Criminal Procedure Article to provide representation, in a case under Part II or Part III of this subtitle, a juvenile court shall appoint an attorney to represent a parent who:            (i)    has a disability that makes the parent incapable of effectively participating in the case; or            (ii)    when a petition for guardianship or adoption is filed or consent to guardianship or adoption is given, is a minor.        (2)    To determine whether a disability makes a parent incapable of effectively participating in a case, a juvenile court, on its own motion or motion of a party, may order examination of the parent.    (b)    (1)    In accordance with paragraph (2) of this subsection, in a case under this subtitle, a juvenile court shall appoint an attorney to represent a child.        (2)    Unless a juvenile court finds that it is not in a child’s best interests, the juvenile court:            (i)    if the attorney who currently represents the child in a pending CINA case or guardianship case is under contract with the Department to provide services under this subsection, shall appoint that attorney; and            (ii)    if the attorney who currently represents the child is not under contract with the Department, shall strike the appearance of that attorney.    (c)    An attorney or firm may represent more than one party in a case under this subtitle only if the Maryland Lawyers’ Rules of Professional Conduct allow.    (d)    An attorney appointed under this section may be compensated for reasonable fees, as approved by a juvenile court.
MD. Family Law Code Ann. §  5-308 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-308 - Agreement for Postadoption Contact

    (a)    (1)    A prospective adoptive parent and parent of a prospective adoptee under this subtitle may enter into a written agreement to allow contact, after the adoption, between:            (i)    the parent or other relative of the adoptee; and            (ii)    the adoptee or adoptive parent.        (2)    An adoptive parent and former parent of an adoptee under this subtitle may enter into a written agreement to allow contact between:            (i)    a relative or former parent of the adoptee; and            (ii)    the adoptee or adoptive parent.    (b)    An agreement made under this section applies to contact with an adoptee only while the adoptee is a minor.    (c)    An individual who prepares an agreement described in subsection (a)(1) of this section:        (1)    shall provide a copy to each party in a case pending as to the prospective adoptee under this subtitle or in a CINA case pending as to the prospective adoptee; and        (2)    if the agreement so provides, shall redact identifying information from the copies.    (d)    Failure to comply with a condition of an agreement made under this section is not a ground for revoking consent to, or setting aside an order for, an adoption or guardianship.    (e)    If a dispute as to an agreement made under this section arises, a court may refer the parties to mediation to try to resolve the dispute.    (f)    (1)    A juvenile court or other court of competent jurisdiction shall enforce a written agreement made in accordance with this section unless enforcement is not in the adoptee’s best interests.        (2)    If a party moves in juvenile court or another court of competent jurisdiction to modify a written agreement made in accordance with this section and satisfies the court that modification is justified because an exceptional circumstance has arisen and the court finds modification to be in an adoptee’s best interests, the court may modify the agreement.
MD. Family Law Code Ann. §  5-309 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-309 - Assessment of Costs

    A juvenile court may assign counsel fees and costs among the parties to a case as the juvenile court considers appropriate and the parties’ economic situations allow.
MD. Family Law Code Ann. §  5-310 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part I - General Provisions|Section 5-310 - Appeal

    A party to a case under this subtitle may appeal to the Court of Special Appeals:         (1)    in an interlocutory appeal, from a denial of the right to participate in a guardianship case before entry of an order for guardianship;        (2)    in an interlocutory appeal, from a denial of the right to participate in an adoption case under Part III of this subtitle; or        (3)    from a final order.
MD. Family Law Code Ann. §  5-313 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-313 - Petition

    (a)    Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.    (b)    Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.    (c)    A petition for guardianship of an individual shall be filed before the individual attains 18 years of age.    (d)    A petitioner under this section shall attach to a petition:        (1)    all written consents for the guardianship that the petitioner has;        (2)    if applicable:            (i)    proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and            (ii)    certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws; and        (3)    a notice of filing that:            (i)    states the date on which the petition was filed;            (ii)    identifies each person whose consent was filed with the petition;            (iii)    states the obligation of a parent to give the juvenile court and local department notice of each change in the parent’s address;            (iv)    has printed on it the website that the Department maintains under § 2–302 of the Human Services Article; and            (v)    includes no identifying information that would be in violation of an agreement or consent.
MD. Family Law Code Ann. §  5-314 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-314 - Parental Addresses

    A clerk of a juvenile court shall keep a listing of each address given to the juvenile court for a parent under this Part II of this subtitle.
MD. Family Law Code Ann. §  5-315 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-315 - Notice of Filing

    (a)    Within 5 days after a petition for guardianship of a child is filed with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:        (1)    the local department;        (2)    each of the child’s living parents who has not waived the right to notice;        (3)    each living parent’s last attorney of record in the CINA case; and        (4)    the child’s last attorney of record in the CINA case.    (b)    Notice under this section shall be by first-class mail.    (c)    Notice under this section shall be sent to a parent’s last address known to the juvenile court.
MD. Family Law Code Ann. §  5-317 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-317 - Investigations

    In addition to any investigation required under § 5-323(c) of this subtitle, a juvenile court may order a neutral governmental unit or neutral person to carry out any investigation that the juvenile court considers necessary to determine a child’s best interests in ruling on a petition for guardianship.
MD. Family Law Code Ann. §  5-318 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-318 - Hearings on Guardianship Petition

    (a)    (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)    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)    Before a trial or other hearing under this section, a juvenile court shall give notice to all of the parties.
MD. Family Law Code Ann. §  5-319 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-319 - Time Limits

    (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.
MD. Family Law Code Ann. §  5-320 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-320 - Authority to Grant Guardianship

    (a)    A juvenile court may grant guardianship of a child only if:        (1)    (i)    the child does not object;            (ii)    the local department:                1.    filed the petition; or                2.    did not object to another party filing the petition; and            (iii)    1.    each of the child’s living parents consents:                A.    in writing;                B.    knowingly and voluntarily, on the record before the juvenile court; or                C.    by failure to file a timely notice of objection after being served with a show–cause order in accordance with this subtitle;                2.    an administrative, executive, or judicial body of a state or other jurisdiction has granted a governmental unit or person other than a parent the power to consent to adoption, and the unit or person consents; or                3.    parental rights have been terminated in compliance with the laws of a state or other jurisdiction, as described in § 5–305 of this subtitle; or        (2)    in accordance with § 5–323 of this subtitle, the juvenile court finds termination of parental rights to be in the child’s best interests without consent otherwise required under this section or over the child’s objection.    (b)    A governmental unit or person:        (1)    may condition consent or acquiescence on adoption into a specific family that a local department approves for the placement; but        (2)    may not condition consent or acquiescence on any factor other than placement into a specific family.
MD. Family Law Code Ann. §  5-322 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-322 - Grant of Guardianship -- Consensual

    (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:            (i)    each party or, if represented, counsel;            (ii)    each of the child’s living parents who has not waived the right to notice;            (iii)    each living parent’s last attorney of record in the CINA case; and            (iv)    the child’s last attorney of record in the CINA case.        (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.
MD. Family Law Code Ann. §  5-325 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-325 - Effects of Order for Guardianship

    (a)    An order for guardianship of an individual:        (1)    except as otherwise provided in this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent’s duties, obligations, and rights toward the individual;        (2)    eliminates the need for a further consent by a parent to adoption of the individual;        (3)    grants a local department guardianship with the right to consent to the individual’s adoption or other planned permanent living arrangement; and        (4)    terminates the individual’s CINA case.    (b)    (1)    Unless a juvenile court gives legal custody to another person, a child’s guardian under this subtitle has legal custody.        (2)    (i)    Unless a juvenile court orders otherwise and subject to review by the juvenile court, a child’s guardian may make all decisions affecting the child’s education, health, and welfare, including consenting:                1.    to adoption of the child;                2.    to application by the child for a driver’s license;                3.    to enlistment by the child in the armed forces;                4.    to marriage of the child; and                5.    subject to subparagraphs (ii) and (iii) of this paragraph, to medical, psychiatric, or surgical treatment.            (ii)    A child’s guardian:                1.    may have the child admitted to an inpatient psychiatric facility in accordance with the standards for emergency commitment in § 10-617 of the Health - General Article for not more than 20 days;                2.    except as provided in item 1 of this subparagraph, may not place the child in an inpatient psychiatric facility without express authorization of the juvenile court.            (iii)    1.    A child’s guardian may not withhold or withdraw a life-sustaining procedure without the prior authorization of a juvenile court.                2.    In deciding whether to grant authorization, a juvenile court shall apply the factors set forth in § 13-711(b) of the Estates and Trusts Article.        (3)    A local department shall notify a juvenile court, a child’s attorney, and the attorney for each other party who has not waived the right to notice:            (i)    within 2 business days after the child’s placement changes or the time required under § 5-326(b) of this subtitle, whichever is shorter;            (ii)    within 2 business days after the child is placed in a psychiatric facility; or            (iii)    within 2 business days after the child is absent from a placement for more than a week.        (4)    A local department shall give a child’s attorney the child’s new address and telephone number within 2 business days after the address or telephone number changes.
MD. Family Law Code Ann. §  5-327 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-327 - Failed Conditional Placement During Guardianship

    If, after a juvenile court grants guardianship, a party becomes aware that a condition of consent to the guardianship may not be fulfilled:         (1)    the party promptly shall:            (i)    file notice with the juvenile court;            (ii)    give notice to all of the other parties; and            (iii)    if consent was received from a governmental unit or person who is not a party, give notice to that unit or person;        (2)    the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and        (3)    if the party, unit, or person whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall:            (i)    set aside the guardianship order;            (ii)    set the case in for a prompt trial on the merits of the guardianship petition; and            (iii)    reopen the CINA case for review as required under Title 3, Subtitle 8 of the Courts Article.