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ROBERT L. EHRLICH, JR., Governor Ch. 464
party to a guardianship review hearing, the Committee notes that a former
parent may file a motion to intervene under Maryland Rule 2-214.
Subsection (a)(5) of this section is new and added to ensure that a court
and the parties have current information about a child in a timely manner
for consideration at a hearing.
Subsection (a)(6), (7), and (9) of this section is new and added to conform to
federal law, by allowing alternative plans in addition to adoption or
long-term care but in a timely manner and only when adoption is not in a
child's best interests.
Accordingly, in subsection (a)(2)(iii) of this section, the reference to
"reasonable efforts ... to finalize the permanency plan" is substituted for
the former reference to "progress ... toward the child's adoption".
Subsection (a)(8)(i) through (vii) of this section is new and added to clarify
the allowable scope of a court's order after a guardianship review hearing.
Subsection (a)(10) of this section is substituted for former FL § 5-319(g)
and (h), to set a minimum period before guardianship is awarded to an
individual, to spell out the effect of an individual guardianship, and to
provide a court with discretion as to continuing review.
Subsection (b) of this section is new and added to provide for an emergency
hearing in the event that a local department believes a court-ordered
placement is no longer suitable. Subsection (b) is patterned after current
CJ § 3-820.
In subsection (a)(8)(viii) of this section, the reference to "any order allowed
under § 5-324(b)(1)(ii) ..." is added to incorporate the types of action that a
court could take in granting a guardianship.
Defined terms: "Caregiver" § 5-301
"Child" § 5-301
"Child placement agency" § 5-101
"Department" § 5-101
"Guardianship" § 5-301
"Includes" § 1-101
"Including" § 1-101
"Juvenile court" § 1-101
"Local department" § 1-101
"Parent" § 5-301
"Party" § 5-301
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- 2637 -
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