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Statutes Text

Article - Family Law




§5–321.

    (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.



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