View Document - Maryland Code and Court Rules

Home Table of Contents

§ 5-318. Hearings on guardianship petition

West's Annotated Code of MarylandFamily Law

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)

MD Code, Family Law, § 5-318

§ 5-318. Hearings on guardianship petition

Currentness

Consensual guardianship

(a)(1) In addition to any hearing required under this subsection or § 5-306(b)(2) of this subtitle, a juvenile court may hold a hearing before entering a guardianship order under § 5-320(a)(1) of this subtitle or otherwise ruling on a guardianship petition.

(2) If a party becomes aware, before a juvenile court rules on a guardianship petition, that a condition of consent under § 5-320(b) of this subtitle may not be fulfilled:

(i) the party promptly shall:

1. file notice with the juvenile court;

2. give notice to all of the other parties; and

3. if consent was received from a governmental unit or person who is not a party, give notice to that unit or person;

(ii) the juvenile court shall schedule a hearing to occur within 30 days after the filing of the notice; and

(iii) if the party, unit, or person whose condition cannot be fulfilled fails to enter into a new consent, the juvenile court shall set the case in for a prompt trial on the merits of the petition.

Nonconsensual guardianship

(b) Before a juvenile court grants guardianship under § 5-320(a)(2) of this subtitle, the juvenile court shall hold a trial on the merits of the petition.

Notice of hearings

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006.

MD Code, Family Law, § 5-318, MD FAMILY § 5-318

Current with legislation effective through June 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.

End of Document