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MARYLAND RULES OF PROCEDURE TITLE 9 - FAMILY LAW ACTIONS CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING Rule 9-109. HEARING ON MERITS (a) Requirement (1) Generally PARENTAL RIGHTS The court shall hold a hearing and make findings on the record on the merits of a guardianship or adoption petition as provided by Code, Family Law Article: (A) §5-318 in a nonconsensual Public Agency Guardianship; (B) §5-335 in a Public Agency Adoption without Prior TPR; (C) §5-347 in a Public Agency Adoption after TPR; (D) §5-3A-32 in a Private Agency Adoption; or (E) §5-3B-17 in an Independent Adoption. (2) Guardianship The court may hold a hearing on the merits of a consensual Public or Private Agency Guardianship petition. Cross reference: See Code, Family Law Article, §5-318 as to Public Agency Guardianship. (b) Adoption (1) Persons Present at Hearing Unless excused for good cause shown, each petitioner and the person to be adopted shall be present at the hearing on the merits in an adoption action. The hearing shall be conducted out -332-
of the presence of all persons other than the petitioners, the person to be adopted, and those persons whose presence the court deems necessary or desirable. Committee note: Social policy against public disclosure of adoption proceedings compels all hearings to be as private as possible. This Rule leaves to the discretion of the trial court the extent to which this consideration must be relaxed in the interest of fair trial. (2) Considerations In ruling on a petition for adoption, the court shall make the considerations required by Code, Family Law Article: (A) §5-337 in a Public Agency Adoption without Prior TPR; (B) §5-349 in a Public Agency Adoption after TPR; (C) §5-3A-34 in a Private Agency Adoption; or (D) §5-3B-19 in an Independent Adoption. (3) Findings by the Court record whether: In an adoption action, the court shall determine on the (A) Necessary consents have been filed; (B) Any required consents have been revoked; Cross reference: Rules 9-111 (b) and 9-112 (a). (C) Appropriate notices have been served; (D) Any investigative reports have been filed; (E) All questioned or disputed issues have been resolved; (F) In a nonconsensual independent adoption, whether the findings required by Code, Family Law Article, §5-3B-21 have been met; -333
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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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Promptly Upon upon the filing of a
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directs to be served. (B) If the pa
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e published at least one time in on
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IMPORTANT THIS IS A COURT ORDER. IF
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WHETHER THE PETITION REQUESTS ADOPT
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participate effectively in the case
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___________________________________
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[ ] because of a disability, I am i
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e in the form required by Code, Fam
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(D) §5-3B-21 in an Independent Ado
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challenging the standing of the per
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In ruling on a petition for adoptio
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For the legal effect of adoption of
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Cross reference: See Code, Health-G
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exchanged by agreement. (b) Content
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new consent, the court can have a t
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handled under the Indian Child Welf
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(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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Page 281 and 282: issues. In light of this change, th
Page 283 and 284: REPORTER’S NOTE See the Reporter
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Page 287 and 288: should advise the client about thos
Page 289 and 290: follows: MARYLAND RULES OF PROCEDUR
Page 295 and 296: REPORTER’S NOTE Russell Butler, E
Page 297 and 298: (1) Contents (2) Exhibits (c) Petit
Page 299 and 300: MARYLAND RULES OF PROCEDURE TITLE 9
Page 303 and 304: The time for revocation of consent
Page 307 and 308: the guardian and a reference to the
Page 309 and 310: in compliance with the jurisdiction
Page 311 and 312: epresented. (4) §§5-3B-06 and 5-3
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Page 317 and 318: (Note to Drafter of Show Cause Orde
Page 319 and 320: participate effectively in the adop
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Page 323 and 324: [ ] I am the person to be adopted a
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Page 329 and 330: If the show cause order is served o
Page 331: MARYLAND RULES OF PROCEDURE TITLE 9
Page 337 and 338: Before entering a judgment of adopt
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Page 345 and 346: consent form will also be filed in
Page 347 and 348: CONSENT TO GUARDIANSHIP WITH THE RI
Page 349 and 350: D. Notice ending (termination) of m
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Page 353 and 354: You have the right to speak with a
Page 355 and 356: 1. The adoption agency does not pla
Page 357 and 358: CONSENT TO GUARDIANSHIP WITH THE RI
Page 359 and 360: [ ] I voluntarily and of my own fre
Page 361 and 362: (Printed Name) ____________________
Page 363 and 364: You have the right to speak with a
Page 365 and 366: I. Access to Birth and Adoption Rec
Page 367 and 368: Use a pen to fill out this form. Yo
Page 369 and 370: Check one of the following: [ ] I g
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Page 373 and 374: 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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