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RULE 9-402. ACTION

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022 to June 30, 2024

West's Annotated Code of Maryland
Maryland Rules
Title 9. Family Law Actions
Chapter 400. Termination of Parental Rights Under Code, Family Law Article, Title 5, Subtitle 14
Effective: April 1, 2022 to June 30, 2024
MD Rules, Rule 9-402
RULE 9-402. ACTION
Currentness
<Text of Rule 9-402 effective until June 30, 2024. See, also, Rule 9-402 effective July 1, 2024.>
(a) Who May File Action.
(1) An action under this Chapter may be filed by:
(A) the parent of a child who was conceived as the result of nonconsensual sexual conduct committed against the parent by the other parent;
Cross reference: See Rule 2-202 if a parent is a minor or individual under disability.
(B) a court-appointed guardian for the child; or
(C) a court-appointed attorney for the child.
(2) A guardian or attorney may be one appointed for the child by a court in another proceeding or in an action filed by a parent under the Rules in this Chapter.
Committee note: Code, Family Law Article, § 5-1402 (c) provides that a termination of parental rights under that section terminates completely the parent's right to custody of, access to, and visitation with the child. The action therefore is one “involving child custody or child access” for purposes of allowing the court to appoint an attorney for the child pursuant to Rule 9-205.1.
(b) Where Action Filed. The action shall be brought in a circuit court.
Cross reference: See Code, State Government Article, § 7-301, et seq.
(c) Time for Filing Action.
(1) If filed by a parent, the action shall be filed within seven years after the later of:
(A) the date of the child's birth; or
(B) the date on which the parent first knew or should have known the other parent's identity.
(2) If filed by the child's court-appointed guardian or court-appointed attorney, the action shall be filed before the child becomes an adult.
(d) Parties.
(1) If the action is filed by a parent, that parent shall be the petitioner and the other parent shall be the respondent.
(2) If the action is filed by the child's court-appointed guardian or attorney, the parent who is alleged to have committed the nonconsensual sexual conduct shall be the respondent, and the other parent shall be joined as a petitioner or as a nominal respondent.
Committee note: Code, Family Law Article, § 5-1403 (c) requires that, when the action is filed by a court-appointed guardian or attorney for the child, the “other parent” shall be joined as “a party” but that the action may not proceed if that “other parent” objects before commencement of “a trial under this subtitle.” If that parent intends to object, his/her status is more akin to that of a respondent seeking dismissal of the action. The term “nominal respondent” is used in subsection (d)(2) of the Rule to distinguish the “other parent” from the respondent parent who is alleged to have committed the nonconsensual sexual conduct.
The choice of joining the other parent as a petitioner or as a nominal respondent may be influenced by whether the guardian or attorney is aware of that parent's position when filing the action. Hopefully, the guardian or attorney will have communicated with the parent before filing the action, but, if not, the Committee has attempted to deal with the problem by requiring the guardian or attorney to give notice to the parent of that right in the petition.
(e) Confidentiality. On motion or on the court's own initiative, the court, for good cause shown, may order that court records in an action under this Chapter be sealed or shielded in a manner that protects the privacy of the parents and the child.
(f) Petition.
(1) The petition shall allege:
(A) that the respondent committed an act of nonconsensual sexual conduct against the petitioner that resulted in the conception of the child;
(B) whether the respondent was convicted of that act and, if so, the date of the conviction and the court that entered the judgment of conviction;
(C) whether the parties were married when the child was conceived, and, if so, whether they were separated pursuant to a protective order at the time and have remained separate and apart since that time;
(D) whether any other actions involving the child, or involving the respondent and the other parent, have been filed, and, if so, for each such action, (i) the court in which the action was filed, (ii) the case number, (iii) the relief sought, (iv) whether the action remains pending, and (v) if the action is not pending, the disposition and date of any judgment;
(E) the date of the child's birth;
(F) if the petition was filed by a parent and more than seven years have elapsed since the child was born, the date when the parent first knew or should have known the respondent's identity;
(G) if the petition is filed by a guardian or attorney for the child, a statement advising the parent who was subjected to the nonconsensual act that (i) that parent has a right to object to the action, (ii) any objection must be filed in writing prior to commencement of trial, (iii) if such an objection is timely filed, the action must be dismissed, and (iv) if the parent is indigent and not represented by an attorney and desires the assistance of an attorney, the court will refer the parent to a qualified grantee of the Maryland Legal Services Corporation for the assignment of an attorney or appoint an attorney for the parent.
(2) The petition shall include (A) a clear statement of all relief requested, including termination of the respondent's parental rights, and if applicable, the change of name sought for the child, and (B) a notice to the respondent that the court will hold a scheduling conference within 60 days after service of the petition.
(g) Service. The petition shall be served pursuant to Rule 2-121. If a motion for alternative service pursuant to that Rule is filed, the court shall rule on it within 15 days after the filing of the motion.
(h) Respondent's Affidavit of Indigence. The respondent shall file an affidavit of indigence, if applicable, with the respondent's answer to the petition. Failure to file an affidavit of indigence with the answer does not waive the right to counsel for an indigent respondent.
Source: This Rule is new.

Credits

[Adopted Dec. 4, 2018, eff. Jan. 1, 2019. Amended Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 9-402, MD R FAM LAW ACT Rule 9-402
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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