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

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B. Right to Speak with a Lawyer You have the right to speak with a lawyer before you decide whether or not to consent. You should not sign the consent form without a lawyer if you are under 18 years old or have a disability that makes it difficult for you to understand this document. If you are under 18 years old or have a disability that makes it difficult for you to understand this document, you are required to have a lawyer review the form with you before you can consent to the guardianship. Even if you are not required to have a lawyer, you have the right to speak with a lawyer you choose before you decide whether to consent. You can ask the court to require the agency seeking guardianship of your child to pay the costs of the lawyer. The judge does not have to grant that request but may do so. C. Post-adoption Agreement If you have made a written agreement with the adoptive parents for future contact (known as a post-adoption agreement), a copy of that agreement must be attached to the signed consent form. If you have a post-adoption agreement, and, after adoption, the adoptive parents do not do what they agreed to do, it will not affect your consent to the guardianship or the adoption. However, if that happens, you have the right to ask a judge to make them do what they agreed to do. The judge can order you and the adoptive parents to go to mediation, order the adoptive parents to do what they agreed to do, or change the agreement if the judge decides that it is in the child’s best interest. D. Conditional Consent If you decide to sign the consent form, you will have two choices: (1) you can consent to the guardianship and the adoption of your child by a family approved by the adoption agency; or (2) you can consent to the guardianship only if the child is adopted into a specific family. This is called a “conditional consent.” If you sign a conditional consent, and the family whose name is on the consent cannot adopt the child, your consent will no longer be valid. The adoption agency will try to locate you to find out if you want to sign a new consent. If your parental rights have not been taken away (guardianship has not yet been granted), and you do not sign a new consent, the court will end the guardianship case. If your parental rights have -154-
een taken away (guardianship has been granted), and you do not sign a new consent, the court will decide whether it is in the child’s best interests to continue the guardianship. E. Effect of Signing the Consent Form IF YOU SIGN THE C<strong>ON</strong>SENT FORM, AND GUARDIANSHIP IS GRANTED, YOU WILL BE GIVING UP ALL RIGHTS AND RESP<strong>ON</strong>SIBILITIES RELATING TO THE CHILD. If you have a post-adoption agreement, you will keep only the rights the agreement gives you. Violation of the agreement will not affect your consent or the adoption. F. Right to Revoke Consent If you sign the consent form and then change your mind and no longer want to consent, you have the right to revoke (cancel) the consent within 30 days after the date that you sign the consent form. The only way that you can revoke this consent is by giving a signed written revocation statement with the name, sex, and date of birth of the child (if you know it) to: Adoption Clerk, Circuit Court for ___________ at _______________. (Address) The revocation must be sent to the court, not to the lawyers, or the agency, or the people adopting the child. You may deliver your written revocation of consent in person or by mail. If it is not received by the Adoption Clerk’s office within 30 days after the date you signed the consent form, it will be too late, and you will not be able to withdraw the consent or stop the guardianship from being granted. If you sign the consent form, and then revoke your consent, and then decide to consent to the guardianship again, you will not be able to revoke your second consent if you give your second consent in court within one year of your revocation of this consent. G. Further Notice of Guardianship and Adoption Proceedings A petition for guardianship with the right to consent to adoption has been or will be filed in __________________________ Circuit Court. If you sign the consent form, your written consent form will also be filed in the Circuit Court. You have the right to be notified when the petition is filed, about any hearings, if and when the guardianship is granted, and when the child is adopted. You also have the right to be notified if -155
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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
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(c) Service (d) Response (e) Hearin
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Family Law Article, Titles 1 and 5
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Agency Guardianship), Form 9-102.9
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(C) Notice The court shall send to
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(c) If I choose to seek the appoint
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child or I or my child's other biol
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the right to be notified when the p
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3. Right to Attorney. I understand
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adopt me and I will no longer be th
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had it read to me in a language tha
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in subsection (b)(2)(B)(iv) and add
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(H) If the person to be adopted is
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equired affidavits of translators o
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ehalf of each petitioner in connect
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e stated is known to a child placem
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affect the consent signed by the pe
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Page 107 and 108: e published at least one time in on
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Page 119 and 120: e in the form required by Code, Fam
Page 121 and 122: MARYLAND RULES OF PROCEDURE TITLE 9
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
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Page 139 and 140: Cross reference: See Code, Health-G
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Page 145 and 146: new consent, the court can have a t
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Page 149 and 150: (b) I was married to the mother of
Page 151 and 152: F. Effect of this Consent I UNDERST
Page 153: MARYLAND RULES OF PROCEDURE TITLE 9
Page 157 and 158: If you or your child are members of
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Page 163 and 164: (Printed Name) ____________________
Page 165 and 166: B. Right to Speak with a Lawyer You
Page 167 and 168: charges or fees for adoption counse
Page 169 and 170: Use a pen to fill out this form. Yo
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Page 175 and 176: this document. B. Right to Speak wi
Page 177 and 178: of your child or for your agreement
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Page 183 and 184: IF YOU HAVE A POST-ADOPTION AGREEME
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Page 187 and 188: Attached to this document is a copy
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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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B. Right to Speak with a Lawyer You
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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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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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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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