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§ 5-325. Effects of order for guardianship

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, § 5-325
§ 5-325. Effects of order for guardianship
Parent-child relationship
(a) An order for guardianship of an individual:
(1) except as otherwise provided in this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent's duties, obligations, and rights toward the individual;
(2) eliminates the need for a further consent by a parent to adoption of the individual;
(3) grants a local department guardianship with the right to consent to the individual's adoption or other planned permanent living arrangement; and
(4) terminates the individual's CINA case.
(b)(1) Unless a juvenile court gives legal custody to another person, a child's guardian under this subtitle has legal custody.
(2)(i) Unless a juvenile court orders otherwise and subject to review by the juvenile court, a child's guardian may make all decisions affecting the child's education, health, and welfare, including consenting:
1. to adoption of the child;
2. to application by the child for a driver's license;
3. to enlistment by the child in the armed forces;
4. to marriage of the child; and
5. subject to subparagraphs (ii) and (iii) of this paragraph, to medical, psychiatric, or surgical treatment.
(ii) A child's guardian:
1. may have the child admitted to an inpatient psychiatric facility in accordance with the standards for emergency commitment in § 10-617 of the Health--General Article for not more than 20 days;
2. except as provided in item 1 of this subparagraph, may not place the child in an inpatient psychiatric facility without express authorization of the juvenile court.
(iii) 1. A child's guardian may not withhold or withdraw a life-sustaining procedure without the prior authorization of a juvenile court.
2. In deciding whether to grant authorization, a juvenile court shall apply the factors set forth in § 13-711(b) of the Estates and Trusts Article.
(3) A local department shall notify a juvenile court, a child's attorney, and the attorney for each other party who has not waived the right to notice:
(i) within 2 business days after the child's placement changes or the time required under § 5-326(b) of this subtitle, whichever is shorter;
(ii) within 2 business days after the child is placed in a psychiatric facility; or
(iii) within 2 business days after the child is absent from a placement for more than a week.
(4) A local department shall give a child's attorney the child's new address and telephone number within 2 business days after the address or telephone number changes.


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, § 5-325, MD FAMILY § 5-325
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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