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ROBERT L. EHRLICH, JR., Governor
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Ch. 464
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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
2. IF 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, THE UNIT
OR PERSON CONSENTS; OR
(2) IN ACCORDANCE WITH § 5-323 OF THIS SUBTITLE, THE JUVENILE
COURT FINDS TERMINATION OF PARENTAL RIGHTS TO BE IN THE CHILD'S BEST
INTERESTS WITHOUT CONSENT OTHERWISE REQUIRED UNDER THIS SECTION OR
OVER THE CHILD'S OBJECTION.
(B) CONDITIONAL CONSENT OR ACQUIESCENCE.
A GOVERNMENTAL UNIT OR PERSON:
(1) MAY CONDITION CONSENT OR ACQUIESCENCE ON ADOPTION INTO A
SPECIFIC FAMILY THAT A LOCAL DEPARTMENT APPROVES FOR THE PLACEMENT;
BUT
(2) MAY NOT CONDITION CONSENT OR ACQUIESCENCE ON ANY FACTOR
OTHER THAN PLACEMENT INTO A SPECIFIC FAMILY.
COMMITTEE NOTE: Subsection (a)(1)(i) and (ii) of this section is new and
added to clarify the child's party status and a local department's role as to
filing petitions.
Subsection (a)(l)(iii)1 of this section is derived from former FL §
5-317(c)(2), as it related to CINAs, and revised to delineate the methods by
which consent may be given in addition to failure to make timely objection.
Subsection (a)(l)(iii)1 is not meant to change the current meaning of
"deemed consent".
Subsection (a)(l)(iii)2 of this section is new and added to recognize actions
by other jurisdictions, in accordance with former FL §§ 5-313.1 and 5-326
- new § 5-305.
Subsection (a)(2) of this section is derived from the introductory language
of former FL § 5-313(a).
Subsection (b) of this section is new and added to provide expressly for
conditional consent or acquiescence in conjunction with . new §§
5-318(a)(2)(iii) and 5-327, which state the effect of noncompliance. The
requirement for approval by a local department should not be construed to
require approval before entry of a guardianship order.
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- 2617 -
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