Maryland Code, FAMILY LAW 5-321
Terms Used In Maryland Code, FAMILY LAW 5-321
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(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.