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§ 5-321. Consent

West's Annotated Code of MarylandFamily LawEffective: April 9, 2013

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 3. Guardianship to and Adoption Through Local Department (Refs & Annos)
Part II. Guardianship (Refs & Annos)
Effective: April 9, 2013
MD Code, Family Law, § 5-321
§ 5-321. Consent
Contents and attachments
(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.
Copy
(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.
Revocation period; waiver
(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.
Invalidation of conditional consent or acquiescence
(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.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006; Acts 2013, c. 43, § 1, eff. April 9, 2013.
MD Code, Family Law, § 5-321, MD FAMILY § 5-321
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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