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Ch. 464 2005 LAWS OF MARYLAND
5-327. FAILED CONDITIONAL PLACEMENT DURING GUARDIANSHIP.
IF, AFTER A JUVENILE COURT GRANTS GUARDIANSHIP, A PARTY BECOMES
AWARE THAT A CONDITION OF CONSENT TO THE GUARDIANSHIP MAY NOT BE
FULFILLED:
(1) THE PARTY PROMPTLY SHALL:
(I) FILE NOTICE WITH THE JUVENILE COURT; AND
(II) GIVE NOTICE TO ALL OF THE OTHER PARTIES;
(2) THE JUVENILE COURT SHALL SCHEDULE A HEARING TO OCCUR
WITHIN 30 DAYS AFTER THE FILING OF THE NOTICE; AND
(3) IF THE PARTY WHOSE CONDITION CANNOT BE FULFILLED FAILS TO
ENTER INTO A NEW CONSENT, THE JUVENILE COURT SHALL:
(I) SET ASIDE THE GUARDIANSHIP ORDER;
(II) SET THE CASE IN FOR A PROMPT TRIAL ON THE MERITS OF THE
GUARDIANSHIP PETITION; AND
(III) REOPEN THE CINA CASE FOR REVIEW AS REQUIRED UNDER
TITLE 3, SUBTITLE 8 OF THE COURTS ARTICLE.
COMMITTEE NOTE: This section is new and added to provide for the effect
when a condition of the newly authorized conditional consent cannot be
fulfilled.
Defined terms: "CINA case" § 1-101
"Guardianship" § 5-301
"Juvenile court" § 1-101
"Party" § 5-301
5-328. TERMINATION OF GUARDIANSHIP.
(A) LOCAL DEPARTMENT GUARDIANSHIP.
IF A LOCAL DEPARTMENT IS A CHILD'S GUARDIAN UNDER THIS SUBTITLE, A
JUVENILE COURT:
(1) RETAINS JURISDICTION UNTIL:
(I) THE CHILD ATTAINS 18 YEARS OF AGE; OR
(II) THE JUVENILE COURT FINDS THE CHILD TO BE ELIGIBLE FOR
EMANCIPATION; AND
(2) MAY CONTINUE JURISDICTION UNTIL THE CHILD ATTAINS 21 YEARS
OF AGE.
(B) INDIVIDUAL GUARDIAN.
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