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Ch. 464 2005 LAWS OF MARYLAND
ONLY THE INDIVIDUAL WHO WOULD BE SUBJECT TO GUARDIANSHIP OR A
LOCAL DEPARTMENT MAY FILE A PETITION FOR GUARDIANSHIP UNDER THIS PART II
OF THIS SUBTITLE.
(C) AGE LIMIT.
A PETITION FOR GUARDIANSHIP OF AN INDIVIDUAL SHALL BE FILED BEFORE
THE INDIVIDUAL ATTAINS 18 YEARS OF AGE.
(D) CONTENTS.
A PETITIONER UNDER THIS SECTION SHALL ATTACH TO A PETITION:
(1) ALL WRITTEN CONSENTS FOR THE GUARDIANSHIP THAT THE
PETITIONER HAS;
(2) IF APPLICABLE:
(I) PROOF OF GUARDIANSHIP OR RELINQUISHMENT OF PARENTAL
RIGHTS GRANTED BY AN ADMINISTRATIVE, EXECUTIVE, OR JUDICIAL BODY OF A
STATE OR OTHER JURISDICTION; AND
(II) CERTIFICATION THAT THE GUARDIANSHIP OR
RELINQUISHMENT WAS GRANTED IN COMPLIANCE WITH THE JURISDICTION'S LAWS;
AND
(3) A NOTICE OF FILING THAT:
(I) STATES THE DATE ON WHICH THE PETITION WAS FILED;
(II) IDENTIFIES EACH PERSON WHOSE CONSENT WAS FILED WITH
THE PETITION;
(III) STATES THE OBLIGATION OF A PARENT TO GIVE THE JUVENILE
COURT AND LOCAL DEPARTMENT NOTICE OF EACH CHANGE IN THE PARENT'S
ADDRESS;
(IV) HAS PRINTED ON IT THE WEBSITE THAT THE DEPARTMENT
MAINTAINS UNDER ARTICLE 88A, § 18 OF THE CODE; AND
(V) INCLUDES NO IDENTIFYING INFORMATION THAT WOULD BE IN
VIOLATION OF AN AGREEMENT OR CONSENT.
COMMITTEE NOTE: Subsection (a) of this section is derived from former FL §
5-317(a) and revised to mandate, rather than allow, a "guardianship"
petition and, in conjunction with new § 5-302, to apply only to a child in
need of assistance in the custody of a local department, rather than the
former "child".
Subsection (b) of this section is derived from former FL § 5-317(b), only as
it related to CINAs, so that the reference to a petition of a child in need of
assistance or local department is substituted for the former reference to
"the executive head of a child placement agency or ... child" petitioning for
"the agency to be granted guardianship".
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