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REPORTER’S NOTE Chapter 464 (SB 710), Acts of 2005, reorganized and revised the law pertaining to guardianships that terminate parental rights and adoptions. The new law is divided into three subtitles of Code, Family Law Article: Subtitle 3, Guardianships to and Adoptions through Local Department; Subtitle 3A, Private Agency Adoption and Guardianship; and Subtitle 3B, Independent Adoption. Section (a) is new. It states the actions to which the Chapter is applicable. The proposed amendments to section (b) refer to the definitions in Code, Family Law Article, Titles 1 and 5 in lieu of the list of definitions previously in the Rule and add definitions that use the terminology of the new statute. -72-
MARYLAND RULES OF PROCEDURE TITLE 9 - FAMILY LAW ACTIONS CHAPTER 100 - ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS AMEND Rule 9-102 by deleting language from section (a), by updating the cross reference after section (a), by adding a new section (b) pertaining to certain forms, by relettering the Rule, by replacing the language in subsection (c)(1) with references to certain Code provisions, by conforming the provisions pertaining to revocation of a consent to statutory changes, by adding a new subsection (c)(1)(C) pertaining to notice, by deleting and adding language to subsection (c)(1)(D) pertaining to scheduling an immediate hearing upon revocation of a consent, and by deleting all forms from the Rule, as follows: Rule 9-102. CONSENTS; REQUESTS FOR ATTORNEY OR COUNSELING REVOCATION OF CONSENT (a) Consents Generally Required Except when otherwise permitted, by Code, Family Law Article, §5-312, §5-313, or §5-313.1, a judgment of adoption or guardianship may not be entered without the consents prescribed by Code, Family Law Article, §5-311 or §5-317 (c)(2). Cross reference: See Code, Family Law Article, §5-314 for provisions governing the validity of consents. For provisions governing the authority to grant guardianships or adoptions and the validity of consents, see Code, Family Law Article, §§5-320 and 5-321 as to a Public Agency Guardianship, 5-338 and 5-339 as to a Public Agency Adoption without Prior TPR, 5-350 and 5-351 as -73-
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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
Page 21 and 22: MARYLAND RULES OF PROCEDURE TITLE 2
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 and 38: Section (d) (c) is derived from for
Page 39 and 40: under Rule 4-345, or the defendant
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: 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 83 and 84: the right to be notified when the p
Page 85 and 86: 3. Right to Attorney. I understand
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Page 89 and 90: had it read to me in a language tha
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 and 118: [ ] because of a disability, I am i
Page 119 and 120: 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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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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