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Session Laws, 2006
Volume 750, Page 1897   View pdf image
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ROBERT L. EHRLICH, JR., Governor
Ch. 365
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
5-318.
(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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Session Laws, 2006
Volume 750, Page 1897   View pdf image
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