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ROBERT L. EHRLICH, JR., Governor S.B. 795
(2) expiration of the time SET for revocation of consent, and not waived,
under § 5-339 of this subtitle; or
COMMITTEE NOTE: Subsection (b)(2) of this section is amended to add the
word "set", to correspond with current FL § 5-319(b)(2).
Defined terms: "Child" § 5-301
"Juvenile court" § 1-101
5-338.
(a) A juvenile court may enter an order for a child's adoption under this Part
III of this subtitle only if:
(1) (I) BOTH THE CHILD'S PARENTS ARE DEAD;
(II) AN ADMINISTRATIVE, EXECUTIVE, OR JUDICIAL BODY OF A
STATE OR OTHER JURISDICTION HAS GRANTED A GOVERNMENTAL UNIT OR PERSON
OTHER THAN A PARENT THE POWER TO CONSENT TO ADOPTION, AND THE UNIT OR
PERSON CONSENTS;
(III) PARENTAL RIGHTS HAVE BEEN TERMINATED IN COMPLIANCE
WITH THE LAWS OF A STATE OR OTHER JURISDICTION, AS DESCRIBED IN § 5-305 OF
THIS SUBTITLE; OR
[(i)] (IV) 1. at least one of the child's parents:
[1.] A. is represented by an attorney;
[2.] B. has had an opportunity to receive adoption
counseling and guidance services; and
[3.] C. consents to the adoption:
[A.] I. in writing; or
[B.] II. knowingly and voluntarily, on the record before the
juvenile court; and
[(ii)] 2. [a] THE parent who does not consent:
[1.] A. is dead; or
[2. A.] B. I. despite reasonable efforts as provided in § 5-316
of this subtitle, cannot be located;
[B.] II. has not contacted the local department with custody
of the child or the child for at least 180 days immediately before the filing of the
petition; and
[C] HI. fails to respond to a show cause order served under §
5-334 of this subtitle;
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