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MARYLAND STATUTES AND CODES

Section 5-321 - Consent.

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§ 5-321. Consent.(a)Contents and attachments.- (1) Consent of a parent to guardianship may include a waiver of the right to notice of:(i) the filing of a petition under this subtitle; and(ii) a hearing under this subtitle.(2) Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period.(3) Consent of a party to guardianship is not valid unless:(i) the consent is given in a language that the party understands;(ii) if given in a language other than English, the consent:1. is given before a judge on the record; or2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;(iii) the party has received written notice or on the record notice before a judge of:1. the revocation provisions in subsections (a)(2) and (c)(1) of this section;2. the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and3. the right to file a disclosure veto under § 5-359 of this subtitle;(iv) if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that:1. counsel reviewed the consent with the parent; and2. the parent consents knowingly and voluntarily; and(v) the consent is accompanied by an affidavit of counsel appointed under § 5-307(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.(b)Copy.- (1) Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall:(i) file the consent in the individual's CINA case; and(ii) serve a copy of the consent on:1. each living parent of the individual;2. the parent's last attorney of record in the CINA case; and3. the individual's last attorney of record in the CINA case.(2) Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall:(i) file the consent with the juvenile court in which the petition is pending; and(ii) serve a copy of the consent on each other party.(c)Revocation period; waiver.- (1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of:(i) 30 days after the person signs the consent; or(ii) 30 days after the consent is filed as required under this section.(2) Consent to guardianship under subsection (a)(2) of this section is irrevocable.(d)Invalidation of conditional consent or acquiescence.- If, at any time before a juvenile court enters an order for adoption of a child, the juvenile court finds that a condition of consent to guardianship will not be fulfilled, the consent or acquiescence becomes invalid. [2005, ch. 464, § 3; 2006, ch. 365, § 2.]
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  • § 5-321. Consent.
     

    (a)  Contents and attachments.-  

    (1) Consent of a parent to guardianship may include a waiver of the right to notice of: 

    (i) the filing of a petition under this subtitle; and 

    (ii) a hearing under this subtitle. 

    (2) Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period. 

    (3) Consent of a party to guardianship is not valid unless: 

    (i) the consent is given in a language that the party understands; 

    (ii) if given in a language other than English, the consent: 

    1. is given before a judge on the record; or 

    2. is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate; 

    (iii) the party has received written notice or on the record notice before a judge of: 

    1. the revocation provisions in subsections (a)(2) and (c)(1) of this section; 

    2. the search rights of adoptees and parents under § 5-359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and 

    3. the right to file a disclosure veto under § 5-359 of this subtitle; 

    (iv) if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that: 

    1. counsel reviewed the consent with the parent; and 

    2. the parent consents knowingly and voluntarily; and 

    (v) the consent is accompanied by an affidavit of counsel appointed under § 5-307(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily. 

    (b)  Copy.-  

    (1) Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall: 

    (i) file the consent in the individual's CINA case; and 

    (ii) serve a copy of the consent on: 

    1. each living parent of the individual; 

    2. the parent's last attorney of record in the CINA case; and 

    3. the individual's last attorney of record in the CINA case. 

    (2) Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall: 

    (i) file the consent with the juvenile court in which the petition is pending; and 

    (ii) serve a copy of the consent on each other party. 

    (c)  Revocation period; waiver.-  

    (1) Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of: 

    (i) 30 days after the person signs the consent; or 

    (ii) 30 days after the consent is filed as required under this section. 

    (2) Consent to guardianship under subsection (a)(2) of this section is irrevocable. 

    (d)  Invalidation of conditional consent or acquiescence.- If, at any time before a juvenile court enters an order for adoption of a child, the juvenile court finds that a condition of consent to guardianship will not be fulfilled, the consent or acquiescence becomes invalid. 
     

    [2005, ch. 464, § 3; 2006, ch. 365, § 2.] 

     

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