Terms Used In Maryland Code, FAMILY LAW 5-325

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • including: means includes or including by way of illustration and not by way of limitation. 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.