§ 5-325. Effects of order for guardianship

MD Fam L Code § 5-325 (2019) (N/A)
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(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.