§ 5-321. Consent

MD Fam L Code § 5-321 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.

(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.

(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.

(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.