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MARYLAND RULES OF PROCEDURE TITLE 9 - FAMILY LAW ACTIONS CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS AMEND Rule 9-104 by deleting the text of the existing Rule, by adding a new section (a) referring to certain Code sections, and by adding a new section (b) pertaining to a status conference, as follows: Rule 9-104. NOTICE TO CONSENTING PERSONS OF FILING OF PETITION; STATUS CONFERENCE (a) Upon the filing of a petition for adoption or guardianship, the court shall send a notice of the filing to each person whose parental rights have not previously been terminated and who, pursuant to Rule 9-102, has consented to the adoption or guardianship but has requested notice of the filing of the petition. If the person has also requested notice of further proceedings concerning the adoption or guardianship, the court shall send notice of any hearing to be held prior to the entry of a judgment terminating that person's parental rights and of the entry of any judgment terminating those parental rights. (b) Notice under this Rule shall be sent by first class mail to the address given on the consent form unless the person has, in writing, provided a new address. (c) The sending of notice pursuant to this Rule does not -100-
affect the consent signed by the person or give the person any standing to participate in the action. (a) Notice of Filing of Petition Notice of the filing of a petition for guardianship or adoption shall be given as required by Code, Family Law Article: (1) §5-315 in a Public Agency Guardianship; (2) §5-333 in a Public Agency Adoption without Prior TPR; (3) §5-346 in a Public Agency Adoption after TPR; (4) §5-3A-14 in a Private Agency Guardianship; (5) §5-3A-30 in a Private Agency Adoption; and (6) §5-3B-14 in an Independent Adoption. (b) Status Conference In a public agency guardianship or adoption, at the time the notice of filing is sent, the court shall schedule a status conference no later than 60 days after the filing of the petition. Source: This Rule is new. REPORTER’S NOTE The title of the Rule has been changed. Notice requirements are contained in the statute, which is referenced in Rule 9-104 (a), rather than the Rule repeating what the statute provides. Section (b) was added at the request of practitioners in Child in Need of Assistance cases to give the court the opportunity to see how the public agency is progressing in the guardianship or adoption. -101
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STANDING COMMITTEE ON RULES OF PRAC
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December 19, 2006 ONE HUNDRED FIFTY
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of probation proceeding is proposed
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litigation. The proposed amendments
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MARYLAND RULES OF PROCEDURE TITLE 3
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Source: This Rule is derived from f
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Source: This Rule is derived from f
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of the amendment, whichever is late
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as of right; and (F) (H) any other
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REPORTER’S NOTE Chapter 534, Laws
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REPORTER’S NOTE See the Reporter
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Insurance Commissioner of Maryland
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Section (d) (c) is derived from for
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under Rule 4-345, or the defendant
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under Code, Criminal Procedure Arti
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-43- ______ ______ proven not prove
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custody, arrest, or detention of or
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contendere to a charge of a crime o
Page 49 and 50: to conform his or her conduct to th
Page 51 and 52: of us, but fewer than all 12, find
Page 53 and 54: We unanimously determine the senten
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Page 59 and 60: within 15 days after service of the
Page 61 and 62: language of the proposed amendment
Page 63 and 64: irregularity. If the appeal is rein
Page 65 and 66: taking into consideration all relev
Page 69 and 70: (c) Service (d) Response (e) Hearin
Page 71 and 72: Family Law Article, Titles 1 and 5
Page 75 and 76: Agency Guardianship), Form 9-102.9
Page 77 and 78: (C) Notice The court shall send to
Page 79 and 80: (c) If I choose to seek the appoint
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Page 85 and 86: 3. Right to Attorney. I understand
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Page 91 and 92: in subsection (b)(2)(B)(iv) and add
Page 93 and 94: (H) If the person to be adopted is
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Page 97 and 98: ehalf of each petitioner in connect
Page 99: e stated is known to a child placem
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Page 105 and 106: directs to be served. (B) If the pa
Page 107 and 108: e published at least one time in on
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Page 111 and 112: WHETHER THE PETITION REQUESTS ADOPT
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Page 117 and 118: [ ] because of a disability, I am i
Page 119 and 120: e in the form required by Code, Fam
Page 123 and 124: (D) §5-3B-21 in an Independent Ado
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Page 131 and 132: In ruling on a petition for adoptio
Page 137 and 138: For the legal effect of adoption of
Page 139 and 140: Cross reference: See Code, Health-G
Page 141 and 142: exchanged by agreement. (b) Content
Page 145 and 146: new consent, the court can have a t
Page 147 and 148: handled under the Indian Child Welf
Page 149 and 150: (b) I was married to the mother of
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F. Effect of this Consent I UNDERST
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een taken away (guardianship has be
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If you or your child are members of
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CONSENT TO GUARDIANSHIP WITH THE RI
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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B. Right to Speak with a Lawyer You
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charges or fees for adoption counse
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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this document. B. Right to Speak wi
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of your child or for your agreement
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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Social Services Administration of t
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CONSENT OF ________________________
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Human Resources for adoption search
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knowledge, information, and belief.
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___________________________________
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knowledge, information, and belief.
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terminate parental rights and adopt
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party; (5) past or current mental h
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REPORTER’S NOTE Proposed new Rule
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of child’s counsel. The terminolo
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their roles as parents or custodian
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waived or (2) placing the waiver or
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Each court should develop a compens
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Rule 2-504 is proposed to be amende
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They are not designed to be a basis
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whether because of minority, mental
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follows: MARYLAND RULES OF PROCEDUR
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Cross reference: See Md. Const., Ar
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Under the proposed amendment, excep
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The presence of a majority of the m
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complainant of the right to file a
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Counsel to issue a subpoena to obta
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The Board may authorize a further i
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(l) Action by Commission The Commis
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(1) Upon application by Investigati
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2. "Local administrative judge" mea
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(iii) The use of electronic or phot
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proceedings, and cases involving tr
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3. 6. Not more than one audio syste
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New language is proposed to be adde
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In addition to the mailed notice, t
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Upon payment in cash or by certifie
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estores the lawyer to good standing
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shall prepare, certify, and file wi
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MARYLAND RULES OF PROCEDURE APPENDI
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issues. In light of this change, th
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REPORTER’S NOTE See the Reporter
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price as set forth in the report of
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should advise the client about thos
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REPORTER’S NOTE Russell Butler, E
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(1) Contents (2) Exhibits (c) Petit
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The time for revocation of consent
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the guardian and a reference to the
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in compliance with the jurisdiction
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epresented. (4) §§5-3B-06 and 5-3
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court shall appoint an attorney who
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(Note to Drafter of Show Cause Orde
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participate effectively in the adop
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___________________________________
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[ ] I am the person to be adopted a
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The court shall order an investigat
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If the show cause order is served o
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of the presence of all persons othe
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Before entering a judgment of adopt
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the Department of Health and Mental
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If you are unable to afford a lawye
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consent form will also be filed in
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D. Notice ending (termination) of m
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________________________________ (C
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You have the right to speak with a
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1. The adoption agency does not pla
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[ ] I voluntarily and of my own fre
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(Printed Name) ____________________
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You have the right to speak with a
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I. Access to Birth and Adoption Rec
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Use a pen to fill out this form. Yo
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Check one of the following: [ ] I g
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________________________________ (C
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charges or fees for adoption counse
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CONSENT TO INDEPENDENT ADOPTION OF
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D. Consent I voluntarily and of my
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IF YOU HAVE A POST-ADOPTION AGREEME
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Attached to this document is a copy
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CONSENT TO INDEPENDENT ADOPTION WIT
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E. Notice Check one of the followin
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irth parents, my siblings, or I may
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CONSENT OF ________________________
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Human Resources for adoption search
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___________________________ _______
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disability is _____________________
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________________________________ (A
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