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ROBERT L. EHRLICH, JR., Governor
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Ch. 464
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"Juvenile court" § 1-101
"Local department" § 1-101
"Parent" § 5-301
"Party" § 5-301
"Person" § 1-101
5-322. GRANT OF GUARDIANSHIP - CONSENSUAL.
(A) AUTHORITY.
IF ALL CONSENTS FOR GUARDIANSHIP OF A CHILD HAVE BEEN GIVEN IN
ACCORDANCE WITH THIS SUBTITLE AND THE CHILD HAS NOT OBJECTED, A
JUVENILE COURT MAY ENTER AN ORDER FOR GUARDIANSHIP.
(B) NOTICE.
(1) WITHIN 5 DAYS AFTER ENTRY OF AN ORDER UNDER THIS SECTION, A
JUVENILE COURT SHALL GIVE NOTICE OF THE ORDER TO EACH PARTY OR, IF
REPRESENTED, COUNSEL.
(2) NOTICE UNDER THIS SUBSECTION SHALL BE BY FIRST-CLASS MAIL.
(3) NOTICE TO A PARTY UNDER THIS SUBSECTION SHALL BE SENT TO
THE PARTY'S LAST ADDRESS KNOWN TO THE JUVENILE COURT.
COMMITTEE NOTE: This section is new and added to set forth the manner of
resolving consensual guardianships.
Defined terms: "Child" § 5-301
"Guardianship" § 5-301
"Juvenile court" § 1-101
"Party" § 5-301
5-323. GRANT OF GUARDIANSHIP - NONCONSENSUAL.
(A) "DRUG" DEFINED.
IN THIS SECTION, "DRUG" MEANS COCAINE, HEROIN, OR A DERIVATIVE OF
COCAINE OR HEROIN.
(B) AUTHORITY.
IF, AFTER CONSIDERATION OF FACTORS AS REQUIRED IN THIS SECTION, A
JUVENILE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT
TERMINATING THE RIGHTS OF A PARENT IS IN A CHILD'S BEST INTERESTS, THE
JUVENILE COURT MAY GRANT GUARDIANSHIP OF THE CHILD WITHOUT CONSENT
OTHERWISE REQUIRED UNDER THIS SUBTITLE AND OVER THE CHILD'S OBJECTION.
(C) EXEMPTION FROM CONSIDERATIONS.
- 2621 -
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