reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2 - Parent and Child › Section 5-203 - Natural Guardianship; Powers and Duties of Parents; Support Obligations of Grandparents; Award of Custody to Parent

(a)    (1)    The parents are the joint natural guardians of their minor child.
(2)    A parent is the sole natural guardian of the minor child if the other parent:
(i)    dies;
(ii)    abandons the family; or
(iii)    is incapable of acting as a parent.
(b)    The parents of a minor child, as defined in § 1–103 of the General Provisions Article:
(1)    are jointly and severally responsible for the child’s support, care, nurture, welfare, and education; and
(2)    have the same powers and duties in relation to the child.
(c)    If one or both parents of a minor child is an unemancipated minor, the parents of that minor parent are jointly and severally responsible for any child support for a grandchild that is a recipient of temporary cash assistance to the extent that the minor parent has insufficient financial resources to fulfill the child support responsibility of the minor parent.
(d)    (1)    If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents.
(2)    Neither parent is presumed to have any right to custody that is superior to the right of the other parent.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2 - Parent and Child › Section 5-204 - Domicile of Minor Child

(a)    (1)    If a minor child has only 1 parent, the domicile of the child is the same as that of the parent.
(2)    If the parents of a minor child live together, and the child lives with them, the domicile of the child is the same as that of the parents.
(b)    If the parents of a minor child live apart, the domicile of the child is the same as that of:
(1)    the parent to whom custody is awarded; or
(2)    if custody has not been awarded, the parent with whom the child lives.
(c)    If a minor child does not live with either parent, the domicile of the child is the same as that of the person who acts in the capacity of a parent.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2 - Parent and Child › Section 5-205 - Right to Services and Earnings of Minor Child

One parent, to the exclusion of the other parent, is entitled to the services and earnings of a minor child if:
(1)    that parent has been awarded custody of the child; or
(2)    the other parent has abandoned the child or is dead.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2 - Parent and Child › Section 5-206 - Right to Sue for Seduction or Wrongful Injury of Minor Child

(a)    One parent, to the exclusion of the other parent, may sue for the loss of services and earnings of the parent’s minor child if:
(1)    the loss was caused by:
(i)    the seduction of the child; or
(ii)    an injury wrongfully or negligently inflicted on the child; and
(2)    that parent has been awarded custody of the child or the other parent has abandoned the child or is dead.
(b)    This section does not affect any provision of the Maryland Workers’ Compensation Act.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2A - Authorization for a Minor to Marry › Section 5-2A-01 - Petition by 17 Year Olds to Marry -- Information Included

(a)    A minor who is 17 years old may file a petition in the minor’s own name for  authorization to marry in the circuit court for the county in which the minor resides.
(b)    A petition for  authorization to marry shall contain the following:
(1)    the petitioner’s full name, gender, date of birth, and address, including the length of time the petitioner has resided at the address;
(2)    the intended spouse’s full name, gender, date of birth, and address, including the length of time the intended spouse has resided at the address;
(3)    a statement explaining how the parties met and how long they have known each other;
(4)    a copy of any criminal records concerning either party and a copy of any peace order or protective order issued against either party;
(5)    evidence that the minor is mature and capable of self–sufficiency and self–support independent of the minor’s parents, guardian, legal custodian, or intended spouse; and
(6)    the name and last known address of each living parent, guardian, or legal custodian of the petitioner.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2A - Authorization for a Minor to Marry › Section 5-2A-02 - Actions by Court Upon Filing

On the filing of a petition for  authorization to marry, a court shall:
(1)    appoint a lawyer with family law experience to represent the petitioner;
(2)    set an evidentiary hearing on the petition;
(3)    provide the minor with the following:
(i)    information on the rights and responsibilities of:
1.    a minor granted authorization to marry under this subtitle, including the right to divorce; and
2.    parties to a marriage;
(ii)    referral information for legal aid agencies;
(iii)    information on State and national hotlines for child abuse, domestic violence, sexual assault, and human trafficking; and
(iv)    information related to impacts and outcomes of child marriage in the United States; and
(4)    notify each living parent, guardian, or legal custodian whom the court is able to locate of their right to support or oppose the petition.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 2A - Authorization for a Minor to Marry › Section 5-2A-03 - Conduct of Separate in Camera Interviews by Court -- Evidence of Petitioner's Best Interests -- Order by Court

(a)    At the hearing, the court shall conduct an in camera interview of the petitioner separate from the petitioner’s parents, guardians, or legal custodians and intended spouse.
(b)    (1)    Neither the wishes of the parents,  guardians, or legal custodians of the petitioner nor the fact that the petitioner or the intended spouse of the petitioner is pregnant is sufficient evidence to determine that marriage is in the best interest of the petitioner.
(2)    There is a rebuttable presumption that  marriage  is not in the best interests of the petitioner if all the parents, guardians, or legal custodians of the petitioner oppose the petition.
(c)    Subject to subsection (e) of this section, after a hearing, a court may issue an order granting  authorization to marry if the court makes written findings that:
(1)    the petitioner is  at least 17 years old;
(2)    the petitioner seeks to marry voluntarily and free from force, coercion, and fraud; and
(3)    the petitioner is mature and capable of self–sufficiency and self–support.
(d)    A court may deny a petition for the  authorization to marry if the court makes a written finding that  marriage  is not in the best interest of the petitioner.
(e)    A court may not issue an order granting  authorization to marry under this section if the court determines that:
(1)    the intended spouse of the petitioner:
(i)    at any time has been in a position of authority over the petitioner or in a position of special trust with the petitioner or has had a professional relationship with the petitioner; or
(ii)    has been convicted or adjudicated delinquent for:
1.    any crime against a minor;
2.    a crime of violence under § 14–101 of the Criminal Law Article;
3.    a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; or
4.    human trafficking under Title 3, Subtitle 11 of the Criminal Law Article;
(2)    one party is pregnant or has a child with the other party that evidences that the petitioner was the victim of a sexual crime committed by the intended spouse; or
(3)    a protective order or peace order was issued against the intended spouse of the petitioner, regardless of whether the petitioner was the person to be protected.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part I - General Provisions › Section 5-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Caregiver” means a person with whom a child resides and who exercises responsibility for the welfare of the child.
(c)    “Child” means an individual who is the subject of a guardianship or adoption petition under this subtitle.
(d)    “Developmental disability” has the meaning stated in § 3–801 of the Courts Article.
(e)    “Guardianship” means an award, under this subtitle, of any power of a guardian.
(f)    “Identifying information” means information that reveals the identity or location of an individual.
(g)    (1)    “Parent” means an individual who, at the time a petition for guardianship is filed under this subtitle or at any time before a court terminates the individual’s parental rights:
(i)    meets a criterion in § 5–306(a) of this subtitle; or
(ii)    is the mother.
(2)    “Parent” does not include an individual whom a court has adjudicated not to be a father or mother of a child.
(h)    “Party” means:
(1)    in a guardianship case under this subtitle:
(i)    the child;
(ii)    except as provided in § 5–326(a)(3)(iii) of this subtitle, the child’s parent; and
(iii)    the local department to which the child is committed;
(2)    in an adoption case under Part III of this subtitle:
(i)    the child;
(ii)    the child’s parent; and
(iii)    the individual seeking adoption;
(3)    in an adoption case under Part IV of this subtitle:
(i)    the child; and
(ii)    the individual seeking adoption; and
(4)    if express reference is made to a CINA case, a governmental unit or person defined as a party in § 3–801 of the Courts Article.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part II - Guardianship › Section 5-328 - Termination of Guardianship

(a)    If a local department is a child’s guardian under this subtitle, a juvenile court:
(1)    retains jurisdiction until:
(i)    the child attains 18 years of age; or
(ii)    the juvenile court finds the child to be eligible for emancipation; and
(2)    may continue jurisdiction until the child attains 21 years of age.
(b)    If a juvenile court designates an individual as a child’s guardian, the juvenile court:
(1)    may retain jurisdiction until the child attains 18 years of age; or
(2)    on finding further review unnecessary to maintain the child’s health and welfare, may terminate the case before the child attains 18 years of age.
(c)    An order for adoption of a child terminates the child’s guardianship case.
(d)    On termination of a guardianship case, a juvenile court shall close the case.
(e)    Notwithstanding subsections (a) and (b) of this section, if the court enters an order directing the provision of services to a child under § 5–324(b)(1)(ii)7B of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-331 - Petition

(a)    Before termination of parental rights as to a child, a petition for adoption of the child may be filed only as provided in this Part III of this subtitle.
(b)    (1)    With the consent of the local department with custody of a child, any adult may petition a juvenile court under this Part III of this subtitle to adopt the child.
(2)    If a petitioner under this section is married, the petitioner’s spouse shall join in the petition unless the spouse:
(i)    is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or
(ii)    is not competent to join in the petition.
(c)    (1)    A petitioner under this section shall attach to a petition:
(i)    for a parent who is dead, a death certificate;
(ii)    for each other parent:
1.    the consent required under this Part III of this subtitle;
2.    an affidavit, by the local department with custody of the child, stating that:
A.    despite reasonable efforts as provided in § 5-316 of this subtitle, the parent cannot be located; and
B.    to the best knowledge of the local department, the parent has not contacted the local department or child for at least 180 days immediately before the filing of the petition; or
3.    if applicable:
A.    proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and
B.    certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws;
(iii)    each other consent required under § 5-338 of this subtitle;
(iv)    a copy of an agreement, if any, for postadoption contact; and
(v)    a notice of filing that:
1.    states the date on which the petition was filed;
2.    identifies each person whose consent was filed with the petition;
3.    states the obligation of a parent to give the juvenile court and local department notice of each change in the parent’s address;
4.    if applicable, states that a postadoption agreement was filed with the petition; and
5.    includes no identifying information that would be in violation of an agreement or consent.
(2)    In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.
(d)    If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.
(e)    The local department with custody of the child shall assist a petitioner in complying with the requirements of this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-333 - Notice of Filing

(a)    Within 5 days after a petition for adoption of a child is filed under this Part III of this subtitle 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 with custody of the child;
(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 to a parent under this section shall be sent to the parent’s last address known to the juvenile court.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-334 - Order to Show Cause

(a)    Promptly after a petition for adoption is filed under this Part III of this subtitle, a juvenile court shall issue a show–cause order that requires the party to whom issued to respond as required under the Maryland Rules.
(b)    On issuance of a show–cause order as to adoption of a child under this section, a petitioner shall serve the order on:
(1)    each of the child’s living parents who has not consented to the adoption;
(2)    each living parent’s last attorney of record in the CINA case; and
(3)    the child’s last attorney of record in the CINA case.
(c)    Service under this section shall be:
(1)    on a parent, by:
(i)    first–class mail; and
(ii)    1.    personal service; or
2.    certified mail, restricted delivery, return receipt requested; and
(2)    on an attorney, by:
(i)    personal service; or
(ii)    certified mail, return receipt requested.
(d)    Service on a parent under this section shall be attempted as provided in § 5–316(d), (e), and (f) of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-335 - Hearing on Adoption Petition

(a)    A juvenile court shall hold a hearing before entering an order for adoption under this Part III of this subtitle.
(b)    Before a hearing under this section, a juvenile court shall give notice to all of the parties.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-336 - Time Limits

(a)    Subject to subsection (b) of this section, a juvenile court shall rule on an adoption petition under this Part III of this subtitle promptly but no later than 180 days after the petition is filed.
(b)    A juvenile court may not enter an order for adoption of a child under this Part III of 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 § 5–339 of this subtitle; or
(3)    expiration of the time to respond to show–cause orders issued under this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-337 - Considerations

(a)    In ruling on a petition for a child’s adoption under this Part III of this subtitle, a juvenile court shall consider:
(1)    any assurance by a local department to fund needed support for the child;
(2)    all factors necessary to determine the child’s best interests; and
(3)    a report by a child placement agency, completed in accordance with Department regulations, as to:
(i)    the suitability of the petitioner to be the child’s parent; and
(ii)    the child’s successful placement with the petitioner under the supervision of the local department or its agent for at least 180 days or a shorter period allowed by the juvenile court on recommendation of the local department.
(b)    In ruling on an adoption petition under this Part III of this subtitle, a juvenile court may not deny the petition solely because the petitioner is single or unmarried.
(c)    If a parent consents to adoption in accordance with § 5-338 of this subtitle, loss of parental rights shall be considered voluntary.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-338 - Authority to Grant Adoption

(a)    A juvenile court may enter an order for a child’s adoption under this Part III of this subtitle only if:
(1)    (i)    both the child’s parents are dead;
(ii)    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;
(iii)    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
(iv)    1.    at least one of the child’s parents:
A.    is represented by an attorney;
B.    has had an opportunity to receive adoption counseling and guidance services; and
C.    consents to the adoption:
I.    in writing; or
II.    knowingly and voluntarily, on the record before the juvenile court; and
2.    the parent who does not consent:
A.    is dead; or
B.    I.    despite reasonable efforts as provided in § 5–316 of this subtitle, cannot be located;
II.    has not contacted the local department with custody of the child or the child for at least 180 days immediately before the filing of the petition; and
III.    fails to respond to a show–cause order served under § 5–334 of this subtitle;
(2)    the director of the local department with custody of the child consents; and
(3)    the child:
(i)    is represented by an attorney; and
(ii)    1.    if at least 10 years old, consents; or
2.    if under the age of 10 years, does not object.
(b)    (1)    (i)    In this subsection, “disability” means:
1.    a physical or mental impairment that substantially limits one or more of an individual’s major life activities;
2.    a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or
3.    being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
(ii)    “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.
(2)    A local department may not withhold consent for the sole reason that:
(i)    the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent; or
(ii)    a prospective adoptive parent has a disability.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-339 - Consent

(a)    (1)    Consent of a parent to an adoption under this Part III of this subtitle may include:
(i)    a provision barring a petitioner from learning identifying information about the parent; and
(ii)    a waiver of the right to notice of further proceedings under this Part III of this subtitle.
(2)    Consent to adoption entered into before a judge on the record shall include a waiver of the revocation period.
(3)    Consent of a party to an adoption under this Part III of this subtitle 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 consent names the child;
(iv)    the consent contains enough information to identify the prospective adoptive parent;
(v)    the party has received written notice or on–the–record notice of:
1.    the revocation provisions in subsections (a)(2) and (b)(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; and
(vi)    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)    Subject to paragraph (2) of this subsection, a parent may revoke consent to adoption under this Part III of this subtitle at any time within the later of:
(i)    30 days after the parent signs the consent; or
(ii)    30 days after the adoption petition is filed.
(2)    Consent to adoption under subsection (a)(2) of this section is irrevocable.
(c)    A local department may revoke consent to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.
(d)    A child may revoke consent or object to an adoption under this Part III of this subtitle at any time before a juvenile court enters an order of adoption under this Part III of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 3 - Guardianship to and Adoption Through Local Department › Part III - Adoption Without Prior Termination of Parental Rights › Section 5-341 - Order for Adoption

(a)    (1)    This subsection does not limit the right of an individual to provide for distribution of property by will.
(2)    Except as provided in § 2-123 of the Real Property Article, after a juvenile court enters an order for adoption under this Part III of this subtitle:
(i)    the adoptee:
1.    is the child of the adoptive parent for all intents and purposes; and
2.    is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;
(ii)    each of the adoptee’s living parents is:
1.    relieved of all parental duties and obligations to the adoptee; and
2.    divested of all parental rights as to the adoptee; and
(iii)    the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.
(b)    An order for adoption under this Part III of this subtitle terminates all pending CINA cases as to the adoptee.
(c)    Adoption of an adult has the same legal effect as adoption of a minor.
(d)    (1)    When a juvenile court enters an order for a child’s adoption under this Part III of this subtitle, the juvenile court shall send notice to:
(i)    each juvenile court that has a pending CINA case as to the adoptee;
(ii)    each of the child’s living, former 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)    Service on a parent under this subsection shall be at the parent’s last address known to the juvenile court.