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MARYLAND RULES OF PROCEDURE TITLE 4 - CRIMINAL CAUSES CHAPTER 300 - TRIAL AND SENTENCING AMEND Rule 4-342 to add a cross reference after section (g), as follows: Rule 4-342. SENTENCING - PROCEDURE IN NON-CAPITAL CASES . . . (g) Reasons The court ordinarily shall state on the record its reasons for the sentence imposed. Cross reference: For factors related to drug and alcohol abuse treatment to be considered by the court in determining an appropriate sentence, see Code, Criminal Procedure Article, §6-231. For procedures to commit a defendant who has a drug or alcohol dependency to a treatment program in the Department of Health and Mental Hygiene as a condition of release after conviction, see Code, Health General Article, §8-507. . . . REPORTER’S NOTE Prior law did not allow a court to commit a defendant with a drug or alcohol dependency to a treatment program in the Department of Health and Mental Hygiene if a sentence of incarceration was in effect or a detainer was lodged. Chapter 338, Laws of 2006 (HB 656) modified Code, Health General Article, §8-507 to allow commitment as a condition of release after conviction or at any time the defendant voluntarily agrees to participate in treatment; however, the court may not order that the defendant be delivered for treatment until any detainer based on an untried indictment, information, warrant, or complaint for the defendant has been removed and any sentence of incarceration for the defendant is no longer in effect. The Rules Committee recommends that a cross reference to the modified statute be added to Rule 4-342. Because the law allows the commitment even if the defendant did not timely file a motion for modification -38-
under Rule 4-345, or the defendant timely filed the motion but the motion was denied, the Committee recommends the addition of a Committee note to Rule 4-345 explaining this variation from the procedures in that Rule. -39
Page 1 and 2: STANDING COMMITTEE ON RULES OF PRAC
Page 3 and 4: December 19, 2006 ONE HUNDRED FIFTY
Page 5 and 6: of probation proceeding is proposed
Page 7 and 8: litigation. The proposed amendments
Page 9 and 10: MARYLAND RULES OF PROCEDURE TITLE 3
Page 11 and 12: Source: This Rule is derived from f
Page 13 and 14: Source: This Rule is derived from f
Page 15 and 16: of the amendment, whichever is late
Page 19 and 20: as of right; and (F) (H) any other
Page 27 and 28: REPORTER’S NOTE Chapter 534, Laws
Page 29 and 30: REPORTER’S NOTE See the Reporter
Page 33 and 34: Insurance Commissioner of Maryland
Page 37: Section (d) (c) is derived from for
Page 41 and 42: under Code, Criminal Procedure Arti
Page 43 and 44: -43- ______ ______ proven not prove
Page 45 and 46: custody, arrest, or detention of or
Page 47 and 48: 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
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
Page 81 and 82: child or I or my child's other biol
Page 83 and 84: the right to be notified when the p
Page 85 and 86: 3. Right to Attorney. I understand
Page 87 and 88: 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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MARYLAND RULES OF PROCEDURE TITLE 9
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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
Page 237 and 238:
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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___________________________ _______
Page 405 and 406:
disability is _____________________
Page 407 and 408:
Page 409:
________________________________ (A
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