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§ 5-324. Contents of order

West's Annotated Code of MarylandFamily LawEffective: October 1, 2017

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: October 1, 2017
MD Code, Family Law, § 5-324
§ 5-324. Contents of order
Denial of guardianship
(a) In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include:
(1) a specific factual finding on whether reasonable efforts have been made to finalize the child's permanency plan;
(2) any order under Title 3, Subtitle 8 of the Courts Article in the child's best interests; and
(3) a date, no later than 180 days after the date of the order, for the next review hearing under Title 3, Subtitle 8 of the Courts Article.
Grant of guardianship
(b)(1) In a separate order accompanying an order granting guardianship of a child, a juvenile court:
(i) shall include a directive terminating the child's CINA case;
(ii) consistent with the child's best interests:
1. may place the child:
A. subject to paragraph (2) of this subsection, in a specific type of facility; or
B. with a specific individual;
2. may direct provision of services by a local department to:
A. the child; or
B. the child's caregiver;
3. subject to a local department retaining legal guardianship, may award to a caregiver limited authority to make an emergency or ordinary decision as to the child's care, education, mental or physical health, or welfare;
4. may allow access to a medical or other record of the child;
5. may allow visitation for the child with a specific individual;
6. may appoint, or continue the appointment of, a court-appointed special advocate for any purpose set forth under § 3-830 of the Courts Article;
7. shall direct the provision of any other service or taking of any other action as to the child's education, health, and welfare, including:
A. for a child who is at least 16 years old, services needed to help the child's transition from guardianship to independence; or
B. for a child with a developmental disability, services to obtain ongoing care, if any, needed after the guardianship case ends; and
8. may co-commit the child to the custody of the Maryland Department of Health and order the Maryland Department of Health to provide a plan for the child of clinically appropriate services in the least restrictive setting, in accordance with federal and State law;
(iii) if entered under § 5-322 of this subtitle, shall state each party's response to the petition;
(iv) shall state a specific factual finding on whether reasonable efforts have been made to finalize the child's permanency plan;
(v) shall state whether the child's parent has waived the right to notice; and
(vi) shall set a date, no later than 180 days after the date of the order, for the initial guardianship review hearing under § 5-326 of this subtitle.
(2)(i) Except for emergency commitment in accordance with § 10-617 of the Health--General Article or as expressly authorized by a juvenile court in accordance with the standards in § 3-819(h) or (i) of the Courts Article, a child may not be committed or otherwise placed for inpatient care or treatment in a psychiatric facility or a facility for the developmentally disabled.
(ii) A juvenile court shall include in a commitment order under this paragraph a requirement that the guardian:
1. file a progress report with the juvenile court at least every 180 days; and
2. provide a copy of each report to each person entitled to notice of a review hearing under § 5-326 of this subtitle.
(iii) Every 180 days during a commitment or placement under this paragraph, a juvenile court shall hold a hearing to determine whether the standards in § 3-819(h) or (i) of the Courts Article continue to be met.
Notice of order
(c) A juvenile court shall send a copy of an order entered under this section to:
(1) each party or, if represented, counsel;
(2) each of the child's living parents who has not waived the right to notice;
(3) each living parent's last attorney of record in the CINA case; and
(4) the child's last attorney of record in the CINA case.
Duration of order directing provision of services to child with developmental disability
(d) An order directing the provision of services to a child with a developmental disability under subsection (b)(1)(ii)7B of this section is effective until:
(1) the child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and
(2)(i) the Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or
(ii) if the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.

Credits

Added by Acts 2005, c. 464, § 3, eff. Jan. 1, 2006. Amended by Acts 2006, c. 365, § 2, eff. June 1, 2006; Acts 2017, c. 62, § 6; Acts 2017, c. 655, § 1, eff. Oct. 1, 2017.
MD Code, Family Law, § 5-324, MD FAMILY § 5-324
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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