r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

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[ ] I am under 18 years of age. [ ] I have a disability that makes me unable to participate effectively in the case. [ ] I object to the guardianship or adoption and cannot afford to hire an attorney because I am indigent. [In a Private Agency Guardianship:] [ ] I am the parent of the person to be placed under guardianship and: [ ] I am under 18 year of age. [ ] I have a disability that makes me unable to participate effectively in the case. [In an Independent Adoption:] [ ] I am the parent of the person to be adopted and: [ ] I am under 18 years of age. [ ] I have a disability that makes me unable to participate effectively in the case. _______________________________________ (Signature) _______________________________________ (Name, printed or typed) _______________________________________ (Address) _______________________________________ (Telephone Number) (g) Form of Notice for Service by Publication and Posting The notice for service by publication and posting shall -118-
e in the form required by Code, Family Law Article: (1) §5-316 in a Public Agency Guardianship; (2) §5-334 in a Public Agency Adoption without Prior TPR; (3) §5-3A-15 in a Private Agency Guardianship; or (4) §5-3B-15 in an Independent Adoption. Committee note: See Rule 9-103 (a). The caption of the petition designated in the show cause order is different from the caption of the case record referred to in Rule 9-103, which is kept by the clerk. The caption in the show cause order preserves the anonymity of the prospective adoptive parents. The caption in the case record preserves the anonymity of the adoptee. Source: This Rule is in part derived from former Rule D74 and is in part new. REPORTER’S NOTE Section (a) has references to the new statute added. Section (b) has been restyled and has new language providing when an attorney will be appointed for an unrepresented party with a disability or an alleged disability, a change suggested to conform to practice. It also has cross references to the new statute added to it. Section (c) has been rewritten to refer to conform to the new statute. Language requiring that a copy of the petition shall be attached in a public agency guardianship or adoption has been added to conform to the statute. Former section (f) has been deleted, because it has been superseded by the statute. Existing section (g) has been relettered (d), with no changes. Existing section (h) has been relettered (e). Language has been added referring to Rule 9-103 concerning captioning of the show cause order. Language has been added to the show cause order to clarify which of the disabilities of the parent listed in the statute would apply. Section (i) has been relettered (f). Added to the section is a new reference to Rule 9-103 concerning the caption of the -119
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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
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to conform his or her conduct to th
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of us, but fewer than all 12, find
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We unanimously determine the senten
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within 15 days after service of the
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language of the proposed amendment
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irregularity. If the appeal is rein
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taking into consideration all relev
Page 67 and 68: MARYLAND RULES OF PROCEDURE TITLE 9
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
Page 81 and 82: child or I or my child's other biol
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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
Page 95 and 96: equired affidavits of translators o
Page 97 and 98: ehalf of each petitioner in connect
Page 99 and 100: e stated is known to a child placem
Page 101 and 102: affect the consent signed by the pe
Page 103 and 104: Promptly Upon upon the filing of a
Page 105 and 106: directs to be served. (B) If the pa
Page 107 and 108: e published at least one time in on
Page 109 and 110: IMPORTANT THIS IS A COURT ORDER. IF
Page 111 and 112: WHETHER THE PETITION REQUESTS ADOPT
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Page 115 and 116: ___________________________________
Page 117: [ ] because of a disability, I am i
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
Page 151 and 152: F. Effect of this Consent I UNDERST
Page 155 and 156: een taken away (guardianship has be
Page 157 and 158: If you or your child are members of
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Page 161 and 162: [ ] I voluntarily and of my own fre
Page 163 and 164: (Printed Name) ____________________
Page 165 and 166: B. Right to Speak with a Lawyer You
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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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B. Right to Speak with a Lawyer You
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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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CONSENT TO GUARDIANSHIP WITH THE RI
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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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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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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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