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§ 5-1404. Trial on termination of parental rights

West's Annotated Code of MarylandFamily LawEffective: February 13, 2018

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 14. Child Conceived Without Consent (Refs & Annos)
Effective: February 13, 2018
MD Code, Family Law, § 5-1404
§ 5-1404. Trial on termination of parental rights
Time of trial; Stay
(a)(1) Except as provided in paragraph (2) of this subsection, the court shall hold a trial on termination of parental rights not later than 180 days after an answer to the complaint is filed.
(2) Unless both parents agree otherwise or the court finds that it is in the best interest of the child to proceed, if a criminal proceeding involving the same underlying facts is pending at the time an action to terminate parental rights under this subtitle is filed, or if a criminal proceeding involving the same underlying facts is commenced after an action to terminate parental rights under this subtitle is filed, the court may stay all further proceedings in the action to terminate parental rights until the criminal proceeding is resolved.
Respondent’s refusal to testify
(b) In an action to terminate parental rights under this subtitle:
(1) the respondent may refuse to testify or to offer evidence; and
(2) no adverse inference may be drawn from the respondent's refusal to testify or to offer evidence.
Evidence in trial for termination inadmissible as evidence in a criminal proceeding
(c) A parent's testimony and any other information obtained from the parent in a proceeding under this subtitle and any information directly or indirectly derived from the parent's testimony or the other information are inadmissible as evidence in a criminal proceeding against that parent if:
(1) the criminal proceeding involves the same underlying facts; and
(2) the evidence is offered for a purpose other than impeachment.
Sealed records
(d) The court, on its own motion or on petition, and for good cause shown, may order that court records of a proceeding under this subtitle be sealed or may require that filings be submitted and maintained in a form that protects the privacy of the parents and the child.

Credits

Added by Acts 2018, c. 3, § 1, eff. Feb. 13, 2018; Acts 2018, c. 4, § 1, eff. Feb. 13, 2018.
MD Code, Family Law, § 5-1404, MD FAMILY § 5-1404
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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