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1942 LAWS OF MARYLAND Ch. 296
(2) IF A NATURAL PARENT DOES NOT PROVIDE SPECIFIED
MEDICAL TREATMENT FOR A CHILD BECAUSE THE NATURAL PARENT IS
LEGITIMATELY PRACTICING RELIGIOUS BELIEFS, THAT REASON ALONE DOES
NOT MAKE THE NATURAL PARENT A NEGLIGENT PARENT.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
76(a) and (b).
In the introductory language of subsection (a) of this
section, the phrase "as to the child" is new language
added to avoid an overbroad statement.
Former Article 16, § 76(c), which created a
presumption that it is in the best interests of a
child who has been under continuous foster care in the
custody of a child placement agency for at least 2
years, to award guardianship to the child placement
agency without the consent of the parents, is deleted.
The Court of Appeals of Maryland held that subsection
unconstitutional as violative of a parent's right to
procedural due process, in Washington County
Department of Social Services v. Clark, 296 Md. 190
(1983).
Defined terms: "Child placement agency" § 5-301
"Disability" § 5-301 "Guardianship" § 5-301
"Including" § 1-101
5-314. WHEN PARENTAL CONSENT VALID.
(A) REQUIRED NOTICE.
THE CONSENT OF A NATURAL PARENT TO EITHER AN ADOPTION OR
GUARDIANSHIP OF A CHILD IS NOT VALID UNLESS THE CONSENT CONTAINS
AN EXPRESS NOTICE OF THE RIGHT TO REVOKE CONSENT UNDER § 5-311 OR
§ 5-317 OF THIS SUBTITLE, AS THE CASE MAY BE.
(B) MINOR PARENT.
A MINOR PARENT MAY CONSENT TO AN ADOPTION OR GUARDIANSHIP OF
A CHILD. HOWEVER, THE CONSENT OF A MINOR PARENT IS NOT VALID
UNLESS THE CONSENT IS ACCOMPANIED BY AN AFFIDAVIT OF COUNSEL
APPOINTED UNDER § 5-323 OF THIS SUBTITLE THAT THE CONSENT OF THE
MINOR PARENT IS GIVEN KNOWINGLY AND WILLINGLY.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
74(a) and the first and second clauses of (b).
Defined terms: "Guardianship" § 5-301
"Minor parent" § 5-301
5-315. JOINT PETITION BY MARRIED INDIVIDUALS.
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