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ROBERT L. EHRLICH, JR., Governor
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Ch. 365
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"Juvenile court" § 1-101
"Local department" § 1-101
"Parent" § 5-301
"Party" § 5-301
5-325.
(a) An order for guardianship of an individual:
(4) [unless a timely appeal is filed,] terminates the individual's CINA
case.
COMMITTEE NOTE: Subsection (a)(4) of this section is amended to delete
"unless a timely appeal is filed," for consistency with current FL §
5-324(b)(l)(i) and clarification that stay of a guardianship order is
intended only on motion approved by the appellate court.
Defined terms: "CINA case" § 1-101
"Guardianship" § 5-301
5-327.
If, after a juvenile court grants guardianship, a party becomes aware that a
condition of consent to the guardianship may not be fulfilled:
(1) the party promptly shall:
(i) file notice with the juvenile court; [and]
(ii) give notice to all of the other parties; AND
(III) IF CONSENT WAS RECEIVED FROM A GOVERNMENTAL UNIT OR
PERSON WHO IS NOT A PARTY, GIVE NOTICE TO THAT UNIT OR PERSON;
(3) if the party, UNIT, OR PERSON whose condition cannot, be fulfilled
fails to enter into a new consent, the juvenile court shall:
(i) set aside the guardianship order;
(ii) set the case in for a prompt trial on the merits of the
guardianship petition; and
(iii) reopen the CINA case for review as required under Title 3,
Subtitle 8 of the Courts Article.
COMMITTEE NOTE: Items (1) and (3) of this section are amended to
accommodate instances in which a nonparty consents.
Defined terms: "CINA case" § 1-101
"Guardianship" § 5-301
"Juvenile court" § 1-101
"Party" § 5-301
"Person" § 1-101
- 1901 -
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