State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Family-law > Title-5 > Subtitle-3 > 5-321

§ 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.]