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ROBERT L. EHRLICH, JR., Governor
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Ch. 365
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before the petition for guardianship or adoption is filed has the right to
appointed counsel to review the consent to ensure knowing and voluntary
consent as required by current FL § 5-321(a)(v). The Committee did not
intend to change former FL §§ 5-301(h) and 5-323(a)(l)(iii), which, by
defining minor with relation to the signing of a consent rather than filing
of a petition, did so require.
As to "minor", see Art. 1, § 24 of the Code.
Defined terms: "Guardianship" § 5-301
"Juvenile court" § 1-101
"Parent" § 5-301
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5-318.
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(a) (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; [and]
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;
(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.
COMMITTEE NOTE: Subsection (a)(2)(i) and (iii) of this section is amended to
accommodate instances in which a nonparty consents.
Defined terms: "Guardianship" § 5-301
"Juvenile court" § 1-101
"Party" § 5-301
"Person" § 1-101
5-320.
(a) A juvenile court may grant guardianship of a child only if:
(1) (iii) 1. each of the child's living parents consents:
A. in writing;
B. knowingly and voluntarily, on the record before the
juvenile court; or
C. by failure to file a timely notice of objection after being
served with a show cause order in accordance with this subtitle; [or]
- 1897 -
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