§ 5-321
472 words·~2 min read·
/md/family-law/5-321A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–321.
(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.
(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.
(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.