§ 5-324
759 words·~3 min read·
/md/family-law/5-324·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–324.
(a)In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include:
(1)a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan;
(2)any order under Title 3, Subtitle 8 of the Courts Article in the child’s best interests; and
(3)a date, no later than 180 days after the date of the order, for the next review hearing under Title 3, Subtitle 8 of the Courts Article.
(1)In a separate order accompanying an order granting guardianship of a child, a juvenile court:
(i)shall include a directive terminating the child’s CINA case;
(ii)consistent with the child’s best interests:
1. may place the child:
A. subject to paragraph
(2)of this subsection, in a specific type of facility; or
B. with a specific individual;
2. may direct provision of services by a local department to:
A. the child; or
B. the child’s caregiver;
3. subject to a local department retaining legal guardianship, may award to a caregiver limited authority to make an emergency or ordinary decision as to the child’s care, education, mental or physical health, or welfare;
4. may allow access to a medical or other record of the child;
5. may allow visitation for the child with a specific individual;
6. may appoint, or continue the appointment of, a court–appointed special advocate for any purpose set forth under § 3–830 of the Courts Article;
7. shall direct the provision of any other service or taking of any other action as to the child’s education, health, and welfare, including:
A. for a child who is at least 16 years old, services needed to help the child’s transition from guardianship to independence; or
B. for a child with a developmental disability, services to obtain ongoing care, if any, needed after the guardianship case ends; and
8. may co–commit the child to the custody of the Maryland Department of Health and order the Maryland Department of Health to provide a plan for the child of clinically appropriate services in the least restrictive setting, in accordance with federal and State law;
(iii)if entered under § 5–322 of this subtitle, shall state each party’s response to the petition;
(iv)shall state a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan;
(v)shall state whether the child’s parent has waived the right to notice; and
(vi)shall set a date, no later than 180 days after the date of the order, for the initial guardianship review hearing under § 5–326 of this subtitle.
(i)Except for emergency commitment in accordance with § 10–617 of the Health – General Article or as expressly authorized by a juvenile court in accordance with the standards in § 3–819(h) or
(i)of the Courts Article, a child may not be committed or otherwise placed for inpatient care or treatment in a psychiatric facility or a facility for the developmentally disabled.
(ii)A juvenile court shall include in a commitment order under this paragraph a requirement that the guardian:
1. file a progress report with the juvenile court at least every 180 days; and
2. provide a copy of each report to each person entitled to notice of a review hearing under § 5–326 of this subtitle.
(iii)Every 180 days during a commitment or placement under this paragraph, a juvenile court shall hold a hearing to determine whether the standards in § 3–819(h) or
(i)of the Courts Article continue to be met.
(c)A juvenile court shall send a copy of an order entered under this section to:
(1)each party or, if represented, counsel;
(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.
(d)An order directing the provision of services to a child with a developmental disability under subsection (b)(1)(ii)7B of this section is effective until:
(1)the child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and
(i)the Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or
(ii)if the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.