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RULE 9-105. SHOW CAUSE ORDER; DISABILITY OF AN INDIVIDUAL; OTHER NOTICE

West's Annotated Code of MarylandMaryland RulesEffective: November 20, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 9. Family Law Actions
Chapter 100. Adoption; Private Agency Guardianship (Refs & Annos)
Effective: November 20, 2023
MD Rules, Rule 9-105
RULE 9-105. SHOW CAUSE ORDER; DISABILITY OF AN INDIVIDUAL; OTHER NOTICE
Currentness
(a) Requirement for Show Cause Order. Promptly upon the filing of a petition for adoption or guardianship, the court shall issue a show cause order in substantially the form set forth in section (e) of this Rule when required by Code, Family Law Article:
(1) § 5-334 in a Public Agency Adoption without Prior TPR;
(2) § 5-3A-15 in a Private Agency Guardianship;
(3) § 5-3B-15 in an Independent Adoption.
If the petition seeks adoption of a minor, the show cause order shall not divulge the name of the petitioner. If the petition seeks appointment of a guardian, the show cause order shall state the name of the child placement agency seeking guardianship.
(b) Appointment of Attorney for Disabled Individual.
(1) If the parties agree that a parent or prospective adoptee who is not represented has a disability that makes that individual incapable of consenting or participating effectively in the proceeding, the court shall appoint an attorney who shall represent the disabled individual throughout the proceeding.
(2) If there is a dispute as to whether an individual who is not represented has a disability that makes the individual incapable of consenting or participating effectively in the proceeding, the court shall:
(A) hold a hearing promptly to resolve the dispute;
(B) appoint an attorney to represent the alleged disabled individual at that hearing;
(C) provide notice of that hearing to all parties and the alleged disabled individual; and
(D) if the court finds at the hearing that the individual has such a disability, appoint an attorney who shall represent the disabled individual throughout the proceeding.
Cross reference: See Code, Family Law Article, §§ 5-307 as to a Public Agency Adoption without Prior TPR; 5-3A-07 as to a Private Agency Guardianship; and 5-3B-06 as to an Independent Adoption. For eligibility of an individual for representation by the Office of the Public Defender, see Code, Family Law Article, § 5-307 and Code, Criminal Procedure Article, § 16-204.
(c) Service of Show Cause Order
(1) Method of Service. The show cause order shall be served on those persons and in the manner required by Code, Family Law Article:
(A) § 5-334 in a Public Agency Adoption without Prior TPR;
(B) § 5-3A-15 in a Private Agency Guardianship; or
(C) § 5-3B-15 in an Independent Adoption.
(2) Time for Service. Unless the court orders otherwise, a show cause order shall be served within 90 days after the date it is issued. If service is not made within the period, a new show cause order shall be issued at the request of the petitioner.
(3) Notice of Objection. A show cause order shall be served with two copies of a pre-captioned notice of objection form in substantially the form set forth in section (f) of this Rule. In a public agency adoption, a copy of the petition shall be attached.
(d) Form of Show Cause Order. Except as provided in section (g) of this Rule, the show cause order shall be substantially in the following form:
IMPORTANT
THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER SAYS, HAVE SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY IS EXPLAINED IN PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.
(Note to Drafter of Show Cause Order: For the form of the caption of the Show Cause Order, see Rule 9-103 (a).)
SHOW CAUSE ORDER
TO:
 
(Name of Person to be Served)
 
 
(Address, including County)
(Relationship of person served to individual who is the subject of the proceeding)
You are hereby notified that:
1. Filing of Petition
A petition has been filed for
________________
of
 
(Adoption/Guardianship) (Name of individual who is the subject of the proceeding)
who was born at __________________ on __________________.
(Birthplace) (Date of Birth)
(If the petition is for guardianship, include the following sentence: The petition was filed
by
 
(Name of child placement agency seeking guardianship)
A petition has been filed for
__________(Adoption/Guardianship)
 
(Adoption/Guardianship)
of _______________________________________(Name of individual who is the subject of the proceeding) who
(Name of individual who is the subject of the proceeding)
was born at
__________________
on
 
.
was born at _______________(Birthplace) on _______________(Date of Birth).
(Birthplace) (Date of Birth)
(If the petition is for guardianship, include the following sentence: The petition was filed by
 
(Name of child
_____________________________)(Name of child placement agency seeking guardianship).
placement agency seeking guardianship)
2. Right to Object; Time For Objecting
If you wish to object to the __________________, you must file a notice of objection with
(Adoption/Guardianship)
the clerk of the court at ___________________ within _______ days after this Order is served
(Address of Courthouse)
on you. For your convenience, a form notice of objection is attached to this Order.
If you wish to object to the
 
,
If you wish to object to the _(Adoption/Guardianship),
you must file a notice of objection with the clerk of the court at
__________(Address of Courthouse)
 
within _______ days after this Order is served on you. For your convenience, a form notice of objection is attached to this Order.
WHETHER THE PETITION REQUESTS ADOPTION OR GUARDIANSHIP, IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED ABOVE, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.
3. Right to an Attorney.
(a) You have the right to speak with an attorney and obtain independent legal advice.
(b) An attorney may already have been appointed for you. If you have been notified that an attorney has been appointed for you, you should speak immediately with that attorney.
(c) If an attorney has not already contacted you, you may be entitled to have the court appoint an attorney for you if:
(Note to Drafter of Show Cause Order: Include only those of the following paragraphs that are applicable to the type of guardianship or adoption proceeding that has been filed.)
[In a Public Agency Adoption without Prior TPR:]
(1) You are the person to be adopted;
OR
(2) You are a parent of the person to be adopted and:
(A) you are under 18 years of age; or
(B) you have a disability that makes you unable to participate effectively in the adoption case; or
(C) you object to the adoption and cannot afford to hire an attorney because you are indigent.
[In a Public Agency Adoption after TPR:]
You are the person to be adopted.
[In a Private Agency Guardianship:]
You are a parent of the person for whom a guardian is sought and:
(A) you are under 18 years of age; or
(B) you have a disability that makes you unable to participate effectively in the case.
[In a Private Agency Adoption:]
You are the person to be adopted and:
(A) you are at least 10 years old but are not yet 18; or
(B) you have a disability that makes you unable to participate effectively in the adoption case.
[In an Independent Adoption:]
(1) You are the person to be adopted and:
(A) you are at least 10 years old; and
(B) you have a disability that makes you unable to participate effectively in the adoption case;
OR
(2) You are a parent of the person to be adopted and:
(A) you are under 18 years of age; or
(B) you have a disability that makes you unable to participate effectively in the adoption case.
IF YOU BELIEVE YOU ARE ENTITLED TO HAVE THE COURT APPOINT AN ATTORNEY FOR YOU AND YOU WANT AN ATTORNEY, YOU MUST NOTIFY THE COURT BEFORE THE TIME YOUR NOTICE OF OBJECTION MUST BE FILED. HOWEVER, EVEN IF YOU HAVE OR WANT TO HAVE AN ATTORNEY, YOU MUST STILL FILE THE NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER. IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED, YOU HAVE AGREED TO THE TERMINATION OF YOUR PARENTAL RIGHTS.
For your convenience, a request for appointment of an attorney is printed on the notice of objection form attached to this Order.
(d) You are entitled to consult an attorney chosen by you, even if you are not entitled to an attorney appointed by the court. If you employ an attorney, you may be responsible for any fees and costs charged by that attorney unless the court orders another party to pay all or part of those fees or expenses.
(e) If you wish further information concerning appointment of an attorney by the court or concerning adoption counseling and guidance, you may contact
 
(Name of Court Official)
 
(Address)
 
(Telephone Number)
4. Option to Receive Adoption Counseling. If this is an adoption proceeding, you also may have the option to receive adoption counseling and guidance. You may have to pay for that service unless another party agrees to pay or the court orders another party to pay all or part of those charges.
Date of issue:
 
 
(Judge)
(e) Form of Notice of Objection. The notice of objection shall be substantially in the following form:
(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: For the caption of the form, see Rule 9-103 (a).)
NOTICE OF OBJECTION/REQUEST FOR APPOINTMENT OF ATTORNEY
(Instructions to the person served with the show cause order:
IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN THE SHOW CAUSE ORDER. You may use this form to do so. You need only sign this form, print or type your name, address, and telephone number underneath your signature, and mail or deliver it to the court at the address shown in paragraph 2 of the show cause order. IF THE COURT HAS NOT RECEIVED YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THE SHOW CAUSE ORDER, YOU HAVE AGREED TO A THE TERMINATION OF YOUR PARENTAL RIGHTS. If you wish to state your reasons, you may state them on this sheet.)
1. I object to the __________ (Adoption/Guardianship) of the above-named individual. My reasons for objecting are as follows:
 
 
 
 
2. I do/do not want the Court to appoint an attorney to (Circle one) represent me. If I circled that I do want the court to appoint an attorney for me, I believe that I am entitled to a court-appointed attorney because:
(Check appropriate box or boxes)
(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: Include only those of the following paragraphs which are applicable to the type of guardianship or adoption proceeding that has been filed.)
[In a Public Agency Adoption without Prior TPR:]
[ ] I am the person to be adopted.
OR
[ ] I am the parent of the person to be adopted and:
[ ] I am under 18 years of age.
[ ] I have a disability that makes me unable to participate effectively in the adoption case.
[ ] I object to the adoption and cannot afford to hire an attorney because I am indigent.
[In a Public Agency Adoption after TPR:]
[ ] I am the person to be adopted.
[In a Private Agency Guardianship:]
[ ] I am a parent of the person for whom a guardian is sought and:
[ ] I am under 18 years of age.
[ ] I have a disability that makes me unable to participate effectively in the case.
[In a Private Agency Adoption:]
[ ] I am the person to be adopted and:
[ ] I am at least 10 years old but am not yet 18.
[ ] I have a disability that makes me unable to participate effectively in the adoption case.
[In an Independent Adoption:]
[ ] I am the person to be adopted and:
[ ] I am at least 10 years old and I have a disability that makes me unable to participate effectively in the adoption case.
OR
[ ] I am the parent of the person to be adopted and:
[ ] I am under 18 years of age.
[ ] I have a disability that makes me unable to participate effectively in the adoption case.
 
(Signature)
 
(Name, printed or typed)
 
(Address)
 
(Telephone Number)
(f) Form of Notice for Service by Publication and Posting
The notice for service by publication and posting shall be in the form required by Code, Family Law Article:
(1) § 5-334 in a Public Agency Adoption without Prior TPR;
(2) § 5-3A-15 in a Private Agency Guardianship; or
(3) § 5-3B-15 in an Independent Adoption.
Source: This Rule is in part derived from former Rule D74 and is in part new.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended March 5, 2001, eff. July 1, 2001; Jan. 8, 2002, eff. Feb. 1, 2002; Nov. 6, 2002, eff. Jan. 1, 2003; June 4, 2007, eff. July 1, 2007; Nov. 1, 2012, eff. Jan. 1, 2013; Nov. 9, 2021, eff. Jan. 1, 2022; Sept. 3, 2022, eff. Jan. 1, 2023; Nov. 17, 2023, eff. Nov. 20, 2023.]
MD Rules, Rule 9-105, MD R FAM LAW ACT Rule 9-105
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document