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Session Laws, 2005
Volume 752, Page 2611   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 464
(DATE OF BIRTH) IN (CITY, STATE) TO (MOTHER'S AND FATHER'S NAMES AND DATES
OF BIRTH) SHALL FILE A WRITTEN RESPONSE. A COPY OF THE PETITION SHOW
CAUSE ORDER
MAY BE OBTAINED FROM THE JUVENILE CLERK'S OFFICE AT
(ADDRESS) AND (TELEPHONE NUMBER). IF YOU DO NOT FILE A WRITTEN OBJECTION
BY (DEADLINE), YOU WILL HAVE AGREED TO THE PERMANENT LOSS OF YOUR
PARENTAL RIGHTS TO THIS CHILD." (3) SERVICE UNDER THIS SUBSECTION SHALL BE BY: (I)      PUBLICATION AT LEAST ONCE IN ONE OR MORE NEWSPAPERS
IN GENERAL CIRCULATION IN THE COUNTY WHERE THE PARENT LAST RESIDED OR,
IF UNKNOWN, WHERE THE PETITION IS FILED; AND (II)     POSTING FOR AT LEAST 30 DAYS ON A WEBSITE OF THE
DEPARTMENT. COMMITTEE NOTE: Subsection (a) of this section is new and added to state
expressly the duty of a court to issue a show cause order. Subsection (b) of this section is derived from former FL § 5-322(a)(3) and,
as it related to guardianship, (1)(i) and (ii)2 and the introductory language
of (b), and revised to reflect that a petitioner's duty begins "[o]n issuance"
of a show cause order by a court and to require service on a parent's last
attorney of record. Subsection (c) of this section is derived from the reference to "certified mail
or private process" in the introductory language of former FL § 5-322(b),
and revised to clarify that, when certified mail is used, as to a parent,
"restricted delivery, return receipt requested" and, as to an attorney,
"return receipt requested" are required and to delete the inconsistent
reference to "both certified mail and private process", in former FL §
5-322(c)(2). Subsection (d)(1)(i) and (ii) of this section is derived from former FL §
5-322(b)(l) and (2)(i). Subsection (d)(1)(iii) and (iv) of this section is new and added to encompass
other common sources of current address. Subsection (d)(2) of this section is new and added to state conditions under
which service need not be attempted. Subsection (e)(1) of this section is derived from former FL § 5-322(b)(2)(ii)
and revised to state expressly that a petitioner must make reasonable
efforts to locate and serve a parent but only if service is not otherwise
effected and the parent was not notified at any time, not just during the
CINA hearing, of the duty to keep a current address on file with a court. Subsection (e)(2)(i), (iii) through (vii), and (ix) through (xi), (3), and (4) of
this section is derived from former FL § 5-322(e)(l)(i) and (iii) through
(viii). - 2611 -


 
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Session Laws, 2005
Volume 752, Page 2611   View pdf image
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