MD. Family Law Code Ann. §  5-321 (2021)
2021 Maryland Statutes|Family Law|Title 5 - Children|Subtitle 3 - Guardianship to and Adoption Through Local Department|Part II - Guardianship|Section 5-321 - Consent

    (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.