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R U L E S

O R D E R

This Court’s Standing Committee on Rules of Practice and

Procedure having submitted its Two Hundred and Eighth Report to

the Court, recommending rescission of current Title 11 (Juvenile

Causes) of the Maryland Rules of Procedure, including current

Forms 11-601, 11-602, and 11-603, and replacement of it by

proposed new Title 11 (Juvenile Causes); amendments to current

Rules 1-101, 2-111, 4-101, 4-501, 5-101, 8-202, 9-101, 9-102, 9103, 9-104, 9-105, 9-106, 9-109, 9-111, 10-101, 16-807, and 16914; rescission of current Form 9-102.1 and renumbering of Forms

9-102.2, 9-102.3, 9-102.4, 9-102.5, 9-102.6, 9-102.7, 9-102.8,

9-102.9, and 9-102.10; and rescission of Appendix: Forms, Forms

for Juvenile Causes, Forms 903-P/C, 903-P/A, 904-R, 904-S, 904R/WS, 904-WS, 904-WA, 905-OE, 912-A, 912-N, 912-P/CDSC, 912O/CDSC, 913-P/W, 913-O/W, 914-O/A, 915-O/PDC, 915-O/CJ, 915O/PS, 915-O/PA, 916-P/RPC, 916-P/RPSC, 916-SCO, 916-O/RCAS, 916O/TPPS, 918-O/S, 918-O/JR, and 920-FOT; and

This Court having considered the proposed rules changes,

together with comments received, at an open meeting, notice of

which was posted as prescribed by law, and making on its own

motion certain amendments to the proposed changes, it is this

9th day of November, 2021,

ORDERED, by the Court of Appeals of Maryland, that the

Rules and Forms in current Title 11 (Juvenile Causes) of the

Maryland Rules of Procedure, including Forms 11-601, 11-602, and

11-603, heretofore adopted by this Court be, and they are

hereby, rescinded; and it is further

ORDERED that current Form 9-102.1 and Appendix: Forms,

Forms for Juvenile Causes, Forms 903-P/C, 903-P/A, 904-R, 904-S,

904-R/WS, 904-WS, 904-WA, 905-OE, 912-A, 912-N, 912-P/CDSC, 912O/CDSC, 913-P/W, 913-O/W, 914-O/A, 915-O/PDC, 915-O/CJ, 915O/PS, 915-O/PA, 916-P/RPC, 916-P/RPSC, 916-SCO, 916-O/RCAS, 916O/TPPS, 918-O/S, 918-O/JR, and 920-FOT be, and they are hereby,

rescinded; and it is further

ORDERED that new Title 11 (Juvenile Causes) be, and it is

hereby, adopted in the form attached to this Order; and it is

further

ORDERED that amendments to current Rules 1-101, 2-111, 4101, 4-501, 5-101, 8-202, 9-101, 9-102, 9-103, 9-104, 9-105, 9106, 9-109, 9-111, 10-101, 16-807, and 16-914 and the

renumbering of Forms 9-102.2, 9-102.3, 9-102.4, 9-102.5, 9102.6, 9-102.7, 9-102.8, 9-102.9, and 9-102.10 be, and they are

hereby, adopted in the form attached to this Order; and it is

further

ORDERED that the Rules changes hereby adopted by this Court

shall govern the courts of this State and all parties and their

attorneys in all actions and proceedings, and shall take effect

and apply to all actions commenced on or after January 1, 2022

and, insofar as practicable, to all actions then pending; and it

is further

ORDERED that a copy of this Order be posted promptly on the

website of the Maryland Judiciary.

/s/ Joseph M. Getty

_____________________________________________________________________________________________

Joseph M. Getty

/s/ Robert N. McDonald

_____________________________________________________________________________________________

Robert N. McDonald

/s/ Shirley M. Watts

______________________________________________________________________________________________

Shirley M. Watts

/s/ Michele D. Hotten

_______________________________________________________________________________________________

Michele D. Hotten

/s/ Brynja M. Booth

________________________________________________________________________________________________

Brynja M. Booth

/s/ Jonathan Biran

_________________________________________________________________________________________________

Jonathan Biran

/s/ Steven B. Gould

___________________________________________________________________________________________________

Steven B. Gould

Filed: November 9, 2021

/s/ Suzanne C. Johnson

Pursuant to Maryland Uniform Electronic Legal

Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2021-11-09 12:23-05:00

_______________________________________________________________________________________

Clerk

Court of Appeals of Maryland

Suzanne C. Johnson, Clerk

MARYLAND RULES OF PROCEDURE

TITLE 1 – GENERAL PROVISIONS

CHAPTER 100 – APPLICABILITY AND CITATION

AMEND Rule 1-101 by revising the Juvenile Causes exception

in section (b) to refer to new Chapters 100, 200, 400, and 500

of Title 11; by revising the applicability of Title 9 in section

(i) to conform to revisions to that Title; and by revising the

applicability of Title 11 in section (k) to confirm to the

revisions to that Title, as follows:

Rule 1-101.

APPLICABILITY

· · ·

(b)

Title 2

Title 2 applies to civil matters in the circuit courts,

except for Juvenile Causes under Title 11, Chapters 100, 200,

400, and 500 of these Rules and except as otherwise specifically

provided or necessarily implied.

· · ·

(i)

Title 9

Title 9 applies to proceedings under Code, Family Law

Article, Title 5, Subtitle 3, Parts III and IV (Adoption without

Prior Termination of Parental Rights and Adoption after

Termination of Parental Rights); proceedings under Code, Family

Law Article, Title 5, Subtitles 3 (Guardianship to and Adoption

through Local Department), 3A (Private Agency Guardianship and

Adoption), and 3B (Independent Adoption); proceedings for

termination of parental rights under Code, Family Law Article,

Title 5, Subtitle 14; proceedings relating to divorce,

annulment, alimony, child support, and child custody and

visitation; and proceedings under Code, Family Law Article,

Title 4, Subtitle 5 (Domestic Violence).

· · ·

(k)

Title 11

Title 11 applies to juvenile causes and expungement of

juvenile records under Code, Courts Article, Title 3, Subtitles

8, and 8A, and 8C; public agency guardianships under Code,

Family Law Article, Title 5, Subtitle 3, Part II; and criminal

proceedings against an adult under Code, Courts Article, §§3-828

and 3-8A-30 and Code, Education Article, §7-301.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 2 – CIVIL PROCEDURE – CIRCUIT COURT

CHAPTER 100 – COMMENCEMENT OF ACTION AND PROCESS

AMEND Rule 2-111 by updating the Committee note following

section (a), as follows:

Rule 2-111.

(a)

PROCESS – REQUIREMENTS PRELIMINARY TO SUMMONS

Information Report

Except as otherwise provided by administrative order of

the Chief Judge of the Court of Appeals approved by the Court of

Appeals, the plaintiff shall file with the complaint an

information report substantially in the form available from the

clerk pursuant to 16-302 (b). If the plaintiff fails to file a

required information report with the complaint, the court may

proceed without the plaintiff’s information to assign the action

to any track within the court’s differentiated case management

system.

Committee note: By revised administrative order of the Chief

Judge approved by the Court of Appeals on December 2, 2005

effective December 2, 2005, an information report is not

required to be filed with a complaint within the following

categories:

· · ·

(11) Juvenile cause, other than action to terminate parental

rights and related adoption or to expunge criminal record (Rules

11-101 through 11-122), which procedures currently are set forth

in Rules 11-101 through 11-220, 11-401 through 11-425, and 11501 through 11-505; and

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 100 – GENERAL

AMEND Rule 4-101 by updating a cross reference, as follows:

Rule 4-101.

APPLICABILITY

The rules in this Title govern procedure in all criminal

matters, post conviction procedures, and expungement of records

in both the circuit courts and the District Court, except as

otherwise specifically provided.

Cross reference: See Rules 4-501 and 11-601 11-506 concerning

expungement of juvenile records.

Source:

701.

This Rule is derived from former Rule 701 and M.D.R.

MARYLAND RULES OF PROCEDURE

TITLE 4 – CRIMINAL CAUSES

CHAPTER 500 – EXPUNGEMENT OF RECORDS

AMEND Rule 4-501 by updating an internal reference, as

follows:

Rule 4-501.

APPLICABILITY

The procedure provided by this Chapter is exclusive and

mandatory for use in all judicial proceedings for expungement of

records whether pursuant to Code, Criminal Procedure Article,

§§10-102 through 10-109 or otherwise, except that expungement of

juvenile records is governed by Rule 11-601 Rule 11-506.

Source:

This Rule is derived from former Rule EX2.

MARYLAND RULES OF PROCEDURE

TITLE 5 – EVIDENCE

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 5-101 by conforming it to the evidentiary

provisions set forth in Rule 11-101 (b), as follows:

Rule 5-101.

SCOPE

· · ·

(b)

Rules Inapplicable

The rules in this Title other than those relating to the

competency of witnesses do not apply to the following

proceedings:

(1) Proceedings before grand juries;

(2) Proceedings for extradition or rendition;

(3) Direct contempt proceedings in which the court may act

summarily;

(4) Small claim actions under Rule 3-701 and appeals under

Rule 7-112 (d)(2);

(5) Issuance of a summons or warrant under Rule 4-212;

(6) Pretrial release under Rule 4-216, 4-216.1, 4-216.2, or

4-216.3 or release after conviction under Rule 4-349;

(7) Preliminary hearings under Rule 4-221;

(8) Post-sentencing procedures under Rule 4-340;

(9) Sentencing under Rule 4-342;

(10) Issuance of a search warrant under Rule 4-601;

(11) Detention and shelter care hearings under Rule 11-112

Title 11, Chapters 200 and 400; and

(12) Emergency hearing proceedings following the removal of

a child from a court-ordered placement under Title 11, Chapters

200 and 300;

(13) Guardianship review hearings under Rule 11-316; and

(12) (14) Any other proceeding in which, prior to the

adoption of the rules in this Title, the court was traditionally

not bound by the common-law rules of evidence.

(c)

Discretionary Application

In the following proceedings, the court, in the interest

of justice, may decline to require strict application of the

rules in this Title other than those relating to the competency

of witnesses:

(1) The determination of questions of fact preliminary to

admissibility of evidence when the issue is to be determined by

the court under Rule 5-104 (a);

(2) Proceedings for revocation of probation under Rule 4347;

(3) Hearings on petitions for post-conviction relief under

Rule 4-406;

(4) Plenary proceedings in the Orphans' Court under Rule 612

462;

(5) Waiver hearings under Rule 11-113;

(6) Disposition hearings under Rule 11-115, including

permanency planning hearings under Code, Courts Article, §3-823;

(7) Modification hearings under Rule 11-116;

(5) Proceedings under Title 11 of these Rules except

proceedings listed in section (b) of this Rule and proceedings

listed in Rule 11-101 (b)(2) in which strict application of the

Rules in this Title is required;

(8) (6) Catastrophic health emergency proceedings under

Title 15, Chapter 1100; and

(9) (7) Hearings on petitions for coram nobis under Rule 151206; and

(10) (8) Any other proceeding in which, prior to the

adoption of the rules in this Title, the court was authorized to

decline to apply the common-law rules of evidence.

(d)

Privileges

In all actions and proceedings, lawful privileges shall

be respected.

Source: This Rule is derived in part from Uniform Rule of

Evidence 1101 and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 8 – APPELLATE REVIEW IN THE COURT OF APPEALS AND COURT OF

SPECIAL APPEALS

CHAPTER 200 – OBTAINING REVIEW IN COURT OF SPECIAL APPEALS

AMEND Rule 8-202 by adding references to Rule 11-218 to

section (c), as follows:

Rule 8-202.

NOTICE OF APPEAL – TIMES FOR FILING

· · ·

(c)

Civil Action--Post-Judgment Motions

In a civil action, when a timely motion is filed pursuant

to Rule 2-532, 2-533, or 2-534, or 11-218, the notice of appeal

shall be filed within 30 days after entry of (1) a notice

withdrawing the motion or (2) an order denying a motion pursuant

to Rule 2-533 or disposing of a motion pursuant to Rule 2-532,

or 2-534, or 11-218.

A notice of appeal filed before the

withdrawal or disposition of any of these motions does not

deprive the trial court of jurisdiction to dispose of the

motion.

If a notice of appeal is filed and thereafter a party

files a timely motion pursuant to Rule 2-532, 2-533, or 2-534,

or 11-218, the notice of appeal shall be treated as filed on the

same day as, but after, the entry of a notice withdrawing the

motion or an order disposing of it.

Committee note: A motion filed pursuant to Rule 2-535, if filed

within ten days after entry of judgment, will have the same

effect as a motion filed pursuant to Rule 2-534, for purposes of

this Rule. Unnamed Att'y v. Attorney Grievance Comm'n, 303 Md.

473, 494 A.2d 940 (1985); Sieck v. Sieck, 66 Md.App. 37, 502

A.2d 528 (1986).

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

TABLE OF CONTENTS

Rule 9-101. APPLICABILITY; DEFINTIONS

(a) Applicability

(b) Definitions

(1) Independent Adoption

(2) Private Agency Adoption

(3) Private Agency Guardianship

(4) Public Agency Adoption after TPR

(5) Public Agency Adoption without Prior TPR

(6) Public Agency Guardianship

(7)(6) TPR

Rule 9-102. CONSENTS; REVOCATION OF CONSENT

(a) Consents Generally Required

(b) Form of Consents, Affidavits of Attorneys, and

Disclosure Vetoes

(1) Consent of Parent

(2) Consent of Child to Adoption

(3) Attorney Affidavit

(4) Disclosure Vetoes

(1) Time for Revocation of Consent

(2) Procedure for Revocation of Consent

Rule 9-103. PETITION

(a) Titling of Case

(b) Petition for Adoption

(1) Contents

(2) Exhibits

(d) If Facts Unknown or Documents Unavailable

(e) Disclosure of Facts Known to Child Placement Agency

Rule 9-104. NOTICE OF FILING OF PETITION; STATUS CONFERENCE

(a) Notice of Filing of Petition

(b) Status Conference

Rule 9-105. SHOW CAUSE ORDER; DISABILITY OF A PARTY; OTHER

NOTICE

(a) Requirement for Show Cause Order

(b) Appointment of Attorney for Disabled Party

(1) Method of Service

(2) Time for Service

(3) Notice of Objection

(d) Notice of Change of Name

(e) Form of Show Cause Order

(f) Form of Notice of Objection

(g) Form of Notice for Service by Publication and Posting

Rule 9-106. APPOINTMENT OF ATTORNEY – ATTORNEY AFFIDAVIT -INVESTIGATION

(a) Appointment of Attorney

(b) Payment of Attorney’s Fees

(1) With a Parental Consent

(2) With a Consent of a Prospective Adoptee

(d) Investigation by Court

(1) Optional

(2) Mandatory

(3) Recommendation of Investigator

(4) In Writing

Rule 9-107. OBJECTION

(a) In General

(b) Time for Filing Objection

(1) In General

(2) Service Outside of the State

(3) Service Outside of the United States

(4) Service by Publication in a Newspaper and on

Website

(d) Response

(e) Hearing

(f) Access to Records

Rule 9-108. TEMPORARY CUSTODY

Rule 9-109. HEARING ON MERITS

(a) Requirement

(1) Generally

(2) Guardianship

(b) Adoption

(1) Persons Present at Hearing

(2) Considerations

(3) Findings by the Court

Rule 9-110. ACCOUNTING REPORT

(a) Duty to File

(b) Contents

Rule 9-111. JUDGMENT OF ADOPTION OR GUARDIANSHIP

(a) Time

(b) Information from Other Court

(d) Change of Name

(e) Spouse of Parent

Rule 9-112. COURT RECORDS

(a) Dockets

(b) Sealing of Records

Rule 9-113. MEDICAL AND MENTAL HEALTH HISTORY

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-101 by renaming Title 9, Chapter 100 to

“ADOPTION; PUBLIC AGENCY GUARDIANSHIP;” by altering section (a)

to reference Code, Family Law Article, Title 5, Subtitle 3,

Parts III and VI; by specifying that the Rules in Title 9 do not

govern proceedings under Code, Family Law Article, Title 5,

Subtitle 3, Part II; by revising the cross reference to state

the new location of the Rules governing guardianships

terminating parental rights; by deleting the definition of

Public Agency Guardianship in subsection (b)(6); and by making

stylistic changes, as follows:

Rule 9-101.

(a)

APPLICABILITY; DEFINITIONS

Applicability

The Rules in this Chapter apply to proceedings under

Code, Family Law Article, Title 5, Subtitle 3, Parts III and IV

(Adoption without Prior Termination of Parental Rights and

Adoption after Termination of Parental Rights) and Subtitles 3

(Guardianship to and Adoption through Local Department), 3A

(Private Agency Guardianship and Adoption), and 3B (Independent

Adoption).

They do not apply to proceedings under Code, Family

Law Article, Title 5, Subtitle 3, Part II (Guardianship) or

Subtitle 14 (Child Conceived without Consent).

Cross reference: See Title 11, Chapter 300 for Rules dealing

with public agency guardianship proceedings under Code, Family

Law Article, Title 5, Subtitle 3, Part II. See Chapter 400 of

this Title for Rules dealing with termination of parental rights

proceedings under Code, Family Law Article, Title 5, Subtitle

14.

Committee note: The Rules in this Chapter do not apply to the

guardianship of persons and property of minors and disabled

persons governed by Code, Estates and Trusts Article, §13-101 et

seq.

(b)

Definitions

The terms used in this Chapter that are defined in Code,

Family Law Article, Titles 1 and 5 shall have the meanings

stated in those titles.

In addition, in this Chapter, the

following definitions apply except as expressly otherwise

provided or as necessary implication requires.

· · ·

(6) Public Agency Guardianship

“Public Agency Guardianship” means a guardianship under

Code, Family Law Article, Title 5, Subtitle 3, Part II.

(7)(6) TPR

“TPR” means termination of parental rights.

Source: This Rule is in part derived from former Rule D71 and

is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-102 by deleting certain statutory references

from the cross reference following section (a), by deleting a

form reference from subsection (b)(1), by renumbering forms

referenced in subsections (b)(1) through (b)(3), by deleting a

statutory reference in subsection (c)(1)(A), and by making

stylistic changes, as follows:

Rule 9-102.

(a)

CONSENTS; REVOCATION OF CONSENT

Consents Generally Required

Except when otherwise permitted, a judgment of adoption

or guardianship may not be entered without the consents

prescribed by Code, Family Law Article.

Cross reference: 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 to a Public

Agency Adoption after TPR; 5-3A-18 and 5-3A-19 as to a Private

Agency Guardianship; 5-3A-35 as to a Private Agency Adoption;

and 5-3B-20 and 5-3B-21 as to an Independent Adoption.

(b)

Form of Consents, Affidavits of Attorneys, and Disclosure

Vetoes

(1) Consent of Parent

If signed on or after July 1, 2007, the consent of a

parent to a guardianship or to an adoption shall be

substantially in the applicable form set forth at the end of

this Title as Form 9-102.1 (Consent of Parent to a Public Agency

Guardianship), Form 9-102.2 9-102.1 (Consent of Parent to a

Private Agency Guardianship), Form 9-102.3 9-102.2 (Consent of

Parent to a Public Agency Adoption without Prior TPR), Form 9102.4 9-102.3 (Consent of Parent to an Independent Adoption with

Termination of Parental Rights), or Form 9-102.5 9-102.4

(Consent of Parent to an independent Adoption without

Termination of Parental Rights).

(2) Consent of Child to Adoption

If signed on or after July 1, 2007, the consent of a

child to an adoption shall be substantially in the applicable

form set forth at the end of this Title as Form 9-102.6 9-102.5

(Consent of Child to a Public Agency Adoption or Private Agency

Adoption) or Form 9-102.7 9-102.6 (Consent of Child to an

Independent Adoption).

(3) Attorney Affidavit

When required and if signed on or after July 1, 2007,

the affidavit by an attorney as to the validity of the consent

of a parent to a guardianship or adoption or a child to an

adoption shall be substantially in the applicable form set forth

at the end of this Title as Form 9-102.8 9-102.7 (Attorney

Affidavit as to Consent of a Parent to a Public Agency

Guardianship or Private Agency Guardianship), Form 9-102.9 9102.8 (Attorney Affidavit as to Consent of a Parent to

Adoption), or Form 9-102.10 9-102.9 (Attorney Affidavit as to

Consent of a Child to Adoption).

Cross reference:

See Rule 9-106 (c).

(4) Disclosure Vetoes

The disclosure vetoes that are required to be attached

to the consent forms may be found on the website of the Maryland

Department of Human Services.

(c)

Revocation of Consent

(1) Time for Revocation of Consent

(A) By a Parent

The time for revocation of consent by a parent is as

provided in Code, Family Law Article, §5-321 (Public Agency

Guardianship), §5-339 (Public Agency Adoption without Prior

TPR), §5-3A-19 (Private Agency Guardianship), and §5-3B-21

(Independent Adoption).

· · ·

(2) Procedure for Revocation of Consent

· · ·

(B) By Agency, Guardian, or Adoptee

An agency, guardian, or adoptee may revoke consent to

an adoption by (i) in person or through counsel on the record at

a hearing or (ii) in a writing signed by the executive head of

the agency, the guardian, or the adoptee and filed with the

court.

If the revocation is delivered to an agent of a public

or private agency, the agent shall deliver the revocation

promptly to the court.

Cross reference:

See Rule 9-112.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-103 by deleting certain statutory references

from the cross references following subsections (b)(2)(A)(viii)

and (b)(2)(A)(ix); by deleting subsection (b)(2)(A)(xiv)(1); by

renumbering current subsections (b)(2)(A)(xiv)(2) and

(b)(2)(A)(xiv)(3) as subsections (b)(2)(A)(xiv)(1) and

(b)(2)(A)(xiv)(2), respectively; by deleting subsection

(b)(2)(B)(iv)(1); by renumbering current subsections

(b)(2)(B)(iv)(2), (b)(2)(B)(iv)(3), and (b)(2)(B)(iv)(4) as

subsection (b)(2)(B)(iv)(1), (b)(2)(B)(iv)(2), and

(b)(2)(B)(iv)(3), respectively; and by deleting a statutory

reference in the cross reference following section (c), as

follows:

Rule 9-103.

PETITION

· · ·

(b)

Petition for Adoption

· · ·

(2) Exhibits

(A) The following documents shall accompany the petition

as exhibits:

· · ·

(viii) The original of all consents to the adoption, any

required affidavits of translators or attorneys, and, if

available, a copy of any written statement by the consenting

person indicating a desire to revoke the consent, whether or not

that statement constitutes a valid revocation;

Cross reference: See Code, Family Law Article, §§5-313, 5-320,

and 5-321 as to a Public Agency Guardianship; §§5-331, 5-338,

and 5-339 as to a Public Agency Adoption without Prior TPR; 5345, 5-350, and 5-351 as to a Public Agency Adoption after TPR;

5-3A-13, 5-3A-18, and 5-3A-19 as to a Private Agency

Guardianship; 5-3A-35 as to a Private Agency Adoption; and 5-3B20 and 5-3B-21 as to an Independent Adoption.

(ix) If applicable, proof of guardianship or

relinquishment of parental rights granted by an administrative,

executive, or judicial body of a state or other jurisdiction; a

certification that the guardianship or relinquishment was

granted in compliance with the jurisdiction’s laws; and any

appropriate translation of documents required to allow the child

to enter the United States;

Cross reference: See, Code, Family Law Article, §§5-305, 5-313,

and 5-320 as to a Public Agency Guardianship; §§5-305, 5-331,

and 5-338 as to a Public Agency Adoption without Prior TPR; 5305 and 5-345 as to a Public Agency Adoption after TPR; 5-3A-05,

5-3A-13, and 5-3A-18 as to a Private Agency Guardianship; 5-3A05 as to a Private Agency Adoption; and 5-3B-04 and 5-3B-20 as

to an Independent Adoption.

· · ·

(xiv) If required, a notice of filing as prescribed by

Code, Family Law Article:

(1) §5-313 in a Public Agency Guardianship;

(2)(1) §5-331 in a Public Agency Adoption without

Prior TPR; or

(3)(2) §5-345 in a Public Agency Adoption after TPR.

(B) The following documents shall be filed before a

judgment of adoption is entered:

· · ·

(iv) An affidavit of counsel for a parent, if required

by Code, Family Law Article:

(1) §§5-307 and 5-321 in a Public Agency Guardianship;

(2)(1) §§5-307 and 5-339 in a Public Agency Adoption

without Prior TPR;

(3)(2) §§5-3A-07 and 5-3A-19 in a Private Agency

Guardianship; or

(4)(3) §§5-3B-06 and 5-3B-21 in an Independent

Adoption.

· · ·

(c)

Petition for Guardianship

A petition for guardianship shall state all facts

required by subsection (b)(1) of this Rule, to the extent that

the requirements are applicable and known to the petition.

shall be accompanied by all documents required to be filed as

exhibits by subsection (b)(2) of this Rule, to the extent the

documents are applicable.

The petition shall also state the

license number of the child placement agency.

Cross reference: See, Code, Family Law Article, §§5-313 as to a

Public Agency Guardianship and §5-3A-13 as to a Private Agency

Guardianship.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-104 by deleting subsection (a)(1); by

renumbering subsections (a)(2) through (a)(6) as subsections

(a)(1) through (a)(5), respectively; and by deleting

“guardianship or” from section (b), as follows:

Rule 9-104.

(a)

NOTICE OF FILING OF PETITION; STATUS CONFERENCE

Notice of Filing of Petition

Notice of the filing of a petition for guardianship or

adoption shall be given as required by Code, Family Law Article:

(1) §5-315 in a Public Agency Guardianship;

(2)(1) §5-333 in a Public Agency Adoption without Prior TPR;

(3)(2) §5-346 in a Public Agency Adoption after TPR;

(4)(3) §5-3A-14 in a Private Agency Guardianship;

(5)(4) §5-3A-30 in a Private Agency Adoption;

(6)(5) §5-3B-14 in an Independent Adoption.

(b)

Status Conference

In a public agency guardianship or adoption, at the time

the notice of filing is sent, the court shall schedule a status

conference no later than 60 days after the filing of the

petition.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-105 by deleting subsection (a)(1); by

renumbering subsections (a)(2) through (a)(4) as subsections

(a)(1) through (a)(3), respectively; by deleting certain

statutory references from the cross reference following

subsection (b)(2)(D); by deleting subsection (c)(1)(A), by

renumbering subsections (c)(1)(B) through (c)(1)(D) as

subsections (c)(1)(A) through (c)(1)(C), respectively; by

deleting “guardianship or” from subsection (c)(3); by deleting

language relating to Public Agency Guardianship from the form in

section (e); by deleting language relating to Public Agency

Guardianship from the form in section (f); by deleting

subsection (g)(1), and by renumbering subsections (g)(2) through

(g)(4) as subsections (g)(1) through (g)(3), respectively; as

follows:

Rule 9-105.

NOTICE

(a)

SHOW CAUSE ORDER; DISABILITY OF A PARTY; OTHER

Requirement for Show Cause Order

Promptly upon the filing of a petition for adoption or

guardianship, the court shall issue a show cause order in

substantially the form set forth in section (e) of this Rule

when required by Code, Family Law Article:

(1) §5-316 in a Public Agency Guardianship;

(2)(1) §5-334 in a Public Agency Adoption without Prior TPR;

(3)(2) §5-3A-15 in a Private Agency Guardianship;

(4)(3) §5-3B-14 in an Independent Adoption.

If the petition seeks adoption of a minor, the show

cause order shall not divulge the name of the petitioner.

the petition seeks appointment of a guardian, the show cause

order shall state the name of the child placement agency seeking

guardianship.

(b)

Appointment of Attorney for Disabled Party

(1) If the parties agree that a party who is not represented

has a disability that makes the party incapable of consenting or

participating effectively in the proceeding, the court shall

appoint an attorney who shall represent the disabled party

throughout the proceeding.

(2) If there is a dispute as to whether a party who is not

represented has a disability that makes the party incapable of

consenting or participating effectively in the proceeding, the

court shall:

(A) hold a hearing promptly to resolve the dispute;

(B) appoint an attorney to represent the alleged disabled

party at that hearing;

(D) if the court finds at the hearing that the party has

such a disability, appoint an attorney who shall represent the

disabled party throughout the proceeding.

Cross reference: See Code, Family Law Article, §§5-307 as to a

Public Agency Guardianship; §§5-307 as to a Public Agency

Adoption without Prior TPR; 5-3A-07 as to a Private Agency

Guardianship; and 5-3B-06 as to an Independent Adoption. For

eligibility of an individual for representation by the Office of

the Public Defender, see Code, Family Law Article, §5-307 and

Code, Criminal Procedure Article, §16-204..

(1) Method of Service

The show cause order shall be served on those persons

and in the manner required by Code, Family Law Article:

(A) §5-316 in a Public Agency Guardianship;

(B)(A) §5-334 in a Public Agency Adoption without Prior

TPR;

(C)(B) §5-3A-15 in a Private Agency Guardianship; or

(D)(C) §5-3B-15 in an Independent Adoption.

(2) Time for Service

Unless the court orders otherwise, a show cause order

shall be service within 90 days after the date it is issued.

service is not made within the period, a new show cause order

shall be issued at the request of the petition.

(3) Notice of Objection

A show cause order shall be served with two copies of a

pre-captioned notice of objection form in substantially the form

set forth in section (f) of this Rule.

In a public agency

guardianship or adoption, a copy of the petition shall be

attached.

· · ·

(e)

Form of Show Cause Order

Except as provided in section (g) of this Rule, the show

cause order shall be substantially in the following form:

IMPORTANT

THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER

SAYS, HAVE SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY

IS EXPLAINED IN PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE

SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR

BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER, YOU

HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

(Note to Drafter of Show Cause Order: For the form of the

caption of the Show Cause Order, see Rule 9-103 (a).)

SHOW CAUSE ORDER

TO:

________________________________________________________________

(Name of Person to be Served)

________________________________________________________________

(Address, including County)

________________________________________________________________

(Relationship of person served to individual who is the subject

of the proceeding)

· · ·

(Note to Drafter of Show Cause Order: Include only those of the

following paragraphs that are applicable to the type of

guardianship or adoption proceeding that has been filed.)

[In a Public Agency Guardianship:]

You are a parent of the person for whom a guardian is

sought and:

(A) you are under 18 years of age; or

(B) you have a disability that makes you unable to

participate effectively in the case; or

hire an attorney because you are indigent.

· · ·

(f)

Form of Notice of Objection

The notice of objection shall be substantially in the

following form:

(Note to Drafter of the Notice of Objection/Request for

Appointment of Attorney: For the caption of the form, see Rule

9-103 (a).)

NOTICE OF OBJECTION/REQUEST FOR APPOINTMENT OF ATTORNEY

(Instructions to the person served with the show cause order:

IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT

RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE

STATED IN THE SHOW CAUSE ORDER. You may use this form to do so.

You need only sign this form, print or type your name, address,

and telephone number underneath your signature, and mail or

deliver it to the court at the address shown in paragraph 2 of

the show cause order. IF THE COURT HAS NOT RECEIVED YOUR NOTICE

OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF

THE SHOW CAUSE ORDER, YOU HAVE AGREED TO A THE TERMINATION OF

YOUR PARENTAL RIGHTS. If you wish to state your reasons, you may

state them on this sheet.)

I object to the _______________________________ of the

(Adoption/Guardianship)

above-named individual.

My reasons for objecting are as

follows:

________________________________________________________________

I do/do not want the Court to appoint an attorney to

(Circle one)

represent me. If I circled that I do want the court to appoint

an attorney for me, I believe that I am entitled to a courtappointed attorney because:

(Check appropriate box or boxes)

(Note to Drafter of the Notice of Objection/Request for

Appointment of Attorney: Include only those of the following

paragraphs which are applicable to the type of guardianship or

adoption proceeding that has been filed.)

[In a Public Agency Guardianship:]

[ ] I am the parent of the person for whom a guardian is

sought and:

[ ] 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 and cannot afford to

hire an attorney because I am indigent.

· · ·

(g)

Form of Notice for Service by Publication and Posting

The notice for service by publication and posting shall

be in the form required by Code, Family Law Article:

(1) §5-316 in a Public Agency Guardianship;

(2)(1) §5-334 in a Public Agency Adoption without Prior

TPR;

(3)(2) §5-3A-15 in a Private Agency Guardianship; or

(4)(3) §5-3B-15 in an Independent Adoption.

Source: This Rule is in part derived from former Rule D74 and is

in part new.

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-106 by deleting subsection (a)(1); by

renumbering subsections (a)(2) through (a)(6) as subsections

(a)(1) through (a)(5), respectively; by deleting a statutory

reference from the cross reference following section (b); by

deleting subsection (c)(1)(A); by renumbering subsections

(c)(1)(B) through (c)(1)(D) as subsections (c)(1)(A) through

(c)(1)(C), respectively; by deleting subsection (d)(1)(A), and

by renumbering subsections (d)(1)(B) and (d)(1)(C) as

subsections (d)(1)(A) and (d)(1)(B), respectively, as follows:

Rule 9-106. APPOINTMENT OF ATTORNEY – ATTORNEY AFFIDAVIT –

INVESTIGATION

(a)

Appointment of Attorney

The court shall appoint an attorney for a party when

required by Code, Family Law Article:

(1) §5-307 in a Public Agency Guardianship;

(2)(1) §5-307 in a Public Agency Adoption without Prior TPR;

(3)(2) §5-307 in a Public Agency Adoption after TPR;

(4)(3) §5-3A-07 in a Private Agency Guardianship;

(5)(4) §5-3A-07 in a Private Agency Adoption; or

(6)(5) §5-3B-06 in an Independent Adoption.

(b)

Payment of Attorney’s Fees

Even if the prospective adoptee is not entitled to a

court-appointed attorney, the person is entitled to consult an

attorney chosen by that person.

The adoptive parents or agency

may agree to pay all or part of the attorney’s fees on behalf of

the person, or the court may order the adoptive parents or

agency to do so.

Cross reference: See Code, Family Law Article, §§5-309 as to a

Public Agency Guardianship; §§5-309 as to a Public Agency

Adoption without Prior TPR; 5-3A-09 as to a Private Agency

Guardianship; and 5-3B-08 as to an Independent Adoption.

(c)

Affidavit of Attorney

(1) With a Parental Consent

The attorney shall file an affidavit in the applicable

form set forth at the end of this Title with a consent signed by

a parent when required by Code, Family Law Article;

(A) §5-321 in a Public Agency Guardianship;

(B)(A) §5-339 in a Public Agency Adoption without Prior

TPR;

(C)(B) §5-3A-19 in a Private Agency Guardianship; or

(D)(C) §5-3B-21 in an Independent Adoption.

· · ·

(d)

Investigation by Court

(1) Optional

The Court may order an investigation as provided by

Code, Family Law Article:

(A) §5-317 in a Public Agency Guardianship;

(B)(A) §5-3A-16 in a Private Agency Guardianship; or

(C)(B) §5-3B-16 in an Independent Adoption.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-109 by deleting subsection (a)(1)(A); by

renumbering subsections (a)(1)(B) through (a)(1)(E) as

subsections (a)(1)(A) through (a)(1)(D), respectively; by

deleting “Public or” from subsection (a)(2); and by deleting the

cross reference following subsection (a)(2), as follows:

Rule 9-109.

(a)

HEARING ON THE MERITS

Requirement

(1) Generally

The court shall hold a hearing and make findings on the

record on the merits of a guardianship petition as provided by

Code, Family Law Article:

(A) §5-318 in a nonconsensual Public Agency Guardianship;

(B)(A) §5-335 in a Public Agency Adoption without Prior

TPR;

(C)(B) §5-347 in a Public Agency Adoption after TPR;

(D)(C) §5-3A-32 in a Private Agency Adoption; or

(E)(D) §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 a

Public Agency Guardianship.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

CHAPTER 100 – ADOPTION; GUARDIANSHIP TERMINATING PARENTAL RIGHTS

PRIVATE AGENCY GUARDIANSHIP

AMEND Rule 9-111 by deleting subsection (a)(1); by

renumbering subsections (a)(2) through (a)(6) as subsections

(a)(1) through (a)(5), respectively; and by adding new section

(f), as follows:

Rule 9-111.

(a)

JUDGMENT OF ADOPTION OR GUARDIANSHIP

Time

The court may not enter a judgment of adoption or

guardianship before the time set forth in Code, Family Law

Article:

(1) §5-319 in a Public Agency Guardianship;

(2)(1) §5-336 in a Public Agency Adoption without Prior TPR;

(3)(2) §5-348 in a Public Agency Adoption after TPR;

(4)(3) §5-3A-17 in a Private Agency Guardianship;

(5)(4) §5-3A-33 in a Private Agency Adoption; or

(6)(5) §5-3B-18 in an Independent Adoption.

(b)

Information from Other Court

If a required consent indicates that any revocation of

the consent must be filed in a court other than the trial court,

the trial court may not enter a judgment of adoption or

guardianship until it has obtained from the other court a copy

of all papers filed in connection with the consent or an

affidavit of the clerk of the other court that no papers were

filed in connection with the consent.

(c)

Supplemental Report

Before entering a judgment of adoption or guardianship,

the court may require a supplemental written report from the

investigating officer or agency.

(d)

Change of Name

If the name of the person adopted is changed, the

judgment of adoption shall state the new name of the person

adopted and the names of the adopting parents.

(e)

Spouse of Parent

If the adopting parent is the spouse of a parent of the

person to be adopted, the judgment shall specifically state

whether and to what extent the parental rights of the parent are

affected.

(f)

Judgments of Adoption – Recording

The clerk shall record each judgment of adoption entered

by the juvenile court pursuant to Code, Family Law Article, §5352 in the adoption records of the circuit court for the county

where the judgment was awarded.

Committee note: Any attempt to set aside a judgment of adoption

by reason of a procedural defect shall be filed with the court

within one year following entry of the judgment. See Code,

Family Law Article, §§5-342 as to a Public Agency Adoption

without Prior TPR; 5-353 as to a Public Agency Adoption after

TPR; 5-3A-37 as to a Private Agency Adoption; and 5-3B-26 as to

an Independent Adoption.

An adoptive relationship created by a judgment of adoption

in another jurisdiction shall be given full faith and credit by

the courts of this State. See Code, Family Law Article, §§5-305

as to a Public Agency Adoption without Prior TPR; 5-305 as to a

Public Agency Adoption after TPR; 5-3A-05 as to a Private Agency

Adoption; and 5-3B-04 as to an Independent Adoption.

For the legal effect of adoption of an adult, see Code,

Family Law Article, §§5-341 as to a Public Agency Adoption

without Prior TPR; 5-352 as to a Public Agency Adoption after

TPR; 5-3A-36 as to a Private Agency Adoption; and 5-3B-25 as to

an Independent Adoption.

Source: This Rule is derived in part from former Rule D79 and

former Rule 11-501 (g) (2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

TABLE OF CONTENTS

Form 9-102.1.

CONSENT OF PARENT TO A PUBLIC AGENCY GUARDIANSHIP

Form 9-102.2 9-102.1. CONSENT OF PARENT TO A PRIVATE AGENCY

GUARDIANSHIP

Form 9-102.3 9-102.2. CONSENT OF PARENT TO A PUBLIC AGENCY

ADOPTION WITHOUT PRIOR TERMINATION OF PARENTAL

RIGHTS

Form 9-102.4 9-102.3. CONSENT OF PARENT TO AN INDEPENDENT

ADOPTION WITH TERMINATION OF PARENTAL RIGHTS

Form 9-102.5 9-102.4. CONSENT OF PARENT TO AN INDEPENDENT

ADOPTION WITHOUT TERMINATION OF PARENTAL RIGHTS

Form 9-102.6 9-102.5. CONSENT OF CHILD TO A PUBLIC AGENCY

ADOPTION OR PRIVATE AGENCY ADOPTION

Form 9-102.7 9-102.6. CONSENT OF CHILD TO AN INDEPENDENT

ADOPTION

Form 9-102.8 9-102.7. ATTORNEY AFFIDAVIT AS TO CONSENT OF A

PARENT TO A PUBLIC AGENCY GUARDIANSHIP OR PRIVATE

AGENCY GUARDIANSHIP

Form 9-102.9 9-102.8. ATTORNEY AFFIDAVIT AS TO CONSENT OF A

PARENT TO ADOPTION

Form 9-102.10 9-102.9. ATTORNEY AFFIDAVIT AS TO CONSENT OF A

CHILD TO ADOPTION

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

DELETE Form 9-102.1 in its entirety, as follows:

Form 9-102.1.

CONSENT OF PARENT TO A PUBLIC AGENCY GUARDIANSHIP

CONSENT OF PARENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT

TO ADOPTION OF _______________________________ TO THE

___________________________ DEPARTMENT OF SOCIAL SERVICES

INSTRUCTIONS

· · ·

A COPY OF THE INSTRUCTIONS WITH YOUR SIGNATURE MUST BE ATTACHED

TO THIS CONSENT FORM.

IF YOU HAVE A POST-ADOPTION AGREEMENT, ATTACH A COPY TO THIS

CONSENT FORM.

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.2 by renumbering it as Form 9-102.1, as

follows:

Form 9-102.2 9-102.1.

GUARDIANSHIP

CONSENT OF PARENT TO A PRIVATE AGENCY

CONSENT OF PARENT TO GUARDIANSHIP WITH THE RIGHT TO CONSENT

TO ADOPTION OF _______________________________ TO

___________________________, A LICENSED

PRIVATE ADOPTION AGENGY

INSTRUCTIONS

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.3 by renumbering it as Form 9-102.2, as

follows:

Form 9-102.3 9-102.2. CONSENT OF PARENT TO A PUBLIC AGENCY

ADOPTION WITHOUT PRIOR TERMINATION OF PARENTAL RIGHTS

CONSENT OF PARENT TO ADOPTION OF _______________________________

Adoption of CINA without Prior Termination of Parental Rights

INSTRUCTIONS

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.4 by renumbering it as Form 9-102.3, as

follows:

Form 9-102.4 9-102.3. CONSENT OF PARENT TO AN INDEPENDENT

ADOPTION WITH TERMINATION OF PARENTAL RIGHTS

CONSENT OF PARENT TO ADOPTION OF _______________________________

Independent Adoption with Termination of Parental Rights

INSTRUCTIONS

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.5 by renumbering it as Form 9-102.4, as

follows:

Form 9-102.5 9-102.4. CONSENT OF PARENT TO AN INDEPENDENT

ADOPTION WITHOUT PRIOR TERMINATION OF PARENTAL RIGHTS

CONSENT OF PARENT TO ADOPTION OF _______________________________

Independent Adoption without Termination of Parental Rights

INSTRUCTIONS

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.6 by renumbering it as Form 9-102.5, as

follows:

Form 9-102.6 9-102.5. CONSENT OF CHILD TO A PUBLIC AGENCY

ADOPTION OR PRIVATE AGENCY ADOPTION

CONSENT OF _______________________________ TO ADOPTION

INSTRUCTIONS

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.7 by renumbering it as Form 9-102.6, as

follows:

Form 9-102.7 9-102.6.

ADOPTION

CONSENT OF CHILD TO AND INDEPENDENT

CONSENT OF _____________________________ TO INDEPENDENT ADOPTION

INSTRUCTIONS

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.8 by renumbering it as Form 9-102.7 and by

deleting “Public Agency Guardianship” from the caption, as

follows:

Form 9-102.8 9-102.7. ATTORNEY AFFIDAVIT AS TO CONSENT OF A

PARENT TO A PUBLIC AGENCY GUARDIANSHIP OR PRIVATE AGENCY

GUARDIANSHIP

Affidavit by Attorney as to Consent of

____________________________ (parent) to Guardianship

with the Right to Consent to Adoption (“Guardianship”)

by _________________ (agency) of ________________ (child)

I am the attorney representing ______________________,

a parent of _________________________, the child who is the

subject of the consent.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.9 by renumbering it as Form 9-102.8, as

follows:

Form 9-102.9 9-102.8.

PARENT TO ADOPTION

ATTORNEY AFFIDAVIT AS TO CONSENT OF A

Affidavit by Attorney as to Consent of

_______________________________________ (parent)

to Adoption of ___________________________________________

I am the attorney representing ______________________,

a parent of _________________________, the child who is the

subject of the consent.

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 9 – FAMILY LAW ACTIONS

FORMS FOR GUARDIANSHIPS THAT TERMINATE PARENTAL RIGHTS AND

ADOPTIONS

ADOPTIONS; PRIVATE AGENCY GUARDIANSHIPS

AMEND Form 9-102.10 by renumbering it as Form 9-102.9, as

follows:

Form 9-102.10 9-102.9.

CHILD TO ADOPTION

ATTORNEY AFFIDAVIT AS TO CONSENT OF A

Affidavit by Attorney as to Consent of

_____________________________________ (child) to Adoption

I am the attorney representing ______________________,

the individual who is the subject of this adoption proceeding

(“the child”).

· · ·

MARYLAND RULES OF PROCEDURE

TITLE 10 – GUARDIANS AND OTHER FIDUCIARIES

CHAPTER 100 – GENERAL PROVISIONS

AMEND Rule 10-101 by updating the Committee note following

section (b), as follows:

Rule 10-101.

APPLICABILITY OF TITLE; JURISDICTION

· · ·

(b)

Scope of Jurisdiction

In proceedings under this Title, the court may exercise

its jurisdiction generally or for a limited purpose. An

investment in a common trust fund by a fiduciary administering

an estate subject to the jurisdiction of a court does not bring

the administration of the common trust fund under the

jurisdiction of the court.

Cross reference: For the definition of "common trust fund," see

Code, Financial Institutions Article, §3-501 (b).

Committee note: The rules in this Title do not apply to a

guardian with the right to consent to adoption (Code, Family Law

Article, §5-301 et seq. and Title 11, Chapter 300 of these

rules; and Code, Family Law Article, §5-3A-01 et seq. and Title

9, Chapter 100 of these rules); a trustee appointed to foreclose

a mortgage or deed of trust or to make a judicial sale (Title

14, Chapters 200 and 300 of these rules); a trustee of a

recovery by a minor in tort (Code, Estates and Trusts Article,

§13-401 et seq.); a custodian of property under the Maryland

Uniform Transfers to Minors Act (Code, Estates and Trusts

Article, §13-301 et seq.); or a receiver or assignee for the

benefit of creditors (Title 13 of these Rules).

Source: This Rule is derived in part from former Rule V71 and

is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

TABLE OF CONTENTS

Rule 11-101. APPLICABILITY

(a) Rules in Title 11

(b) Rules of Evidence

Rule 11-102. DEFINITIONS

(a) Statutory Definitions

(b) Additional Definitions

(1) Court

(2) Next Day

(3) Respondent

(4) State’s Attorney

(5) Summons

Rule 11-103. MAGISTRATES

(a) General Authority; Applicability

(1) Generally

(2) Exception

(3) Findings, Conclusions, and Recommendations

(b) Hearings

(1) Authority to Conduct and Regulate

(2) Recording

(1) Contents of Reports

(2) When Filed

(3) Service

(d) Immediate Review

(1) By Agreement

(2) Emergency Orders

(e) Exceptions

(1) Filing; Content

(2) Transcript

(f) Hearing on Exceptions

(1) Duty to Schedule

(2) Type and Scope of Hearing

(3) Record

(g) Review by Court if No Exceptions Filed

Rule 11-104. MOTIONS

(a) Generally

(b) Response

(d) Statement of Grounds

(e) Affidavit

Rule 11-105. SUBPOENAS

(a) Generally

(b) Hospital Records

Rule 11-106. SUMMONS

(a) Generally

(b) Content

(1) Generally

(2) Production of Child

Rule 11-107. SERVICE OF PAPERS

(a) Summons

(b) Other Papers

Rule 11-108. HEARINGS

(a) Non-jury

(b) Recording

(d) Open and Closed Hearings

(1) Exclusion from CINA or Voluntary Placement

Hearings

(2) Exclusion from CINS, Delinquency, or Peace Order

Hearings

(3) Participation by Nonparties

(4) Confidential Information

(e) List of Open Hearings

(f) Notice

(1) Generally

(2) Timing

(g) Consolidation

(1) Multiple Petitions Against One Respondent

(2) Petitions Filed Against More than One Respondent

(h) Victims

(i) Admissions Made in Court

Rule 11-109. PRODUCTION OF CHILD

Rule 11-110. JUVENILE RESTRAINTS

Rule 11-111. CONTROLLING CONDUCT

(a) Authority

(b) Service of Order

Rule 11-112. PAPERS IN A FOREIGN LANGUAGE

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-101, as follows:

Rule 11-101.

(a)

APPLICABILITY

Rules in Title 11

The Rules in this Title govern procedure in juvenile

causes under Code, Courts Article, Title 3, Subtitles 8, 8A, and

8C; public agency guardianships under Code, Family Law Article,

Title 5, Subtitle 3, Part II; and criminal proceedings against

an adult under Code, Courts Article, §§3-828 and 3-8A-30 and

Code, Education Article, §7-301.

The Rules in this Title do not

govern adoption proceedings.

Cross reference: For procedures governing adoptions under Code,

Family Law Article, Title 5, Subtitle 3, Parts III, IV, V, and

VI, see the Rules in Title 9, Chapter 100.

(b)

Rules of Evidence

(1) In all proceedings under this Title, lawful privileges

shall be respected and the Rules governing competency of

witnesses shall apply.

(2) The Rules of Evidence in Title 5 of these Rules apply to

the following proceedings under this Title:

(A) Adjudicatory hearings conducted in:

(i) CINA proceedings under Chapter 200;

(ii) delinquency proceedings under Chapter 400; and

(iii) CINS, truancy, and peace order proceedings under

Chapter 500;

(B) A hearing on waiver of reunification efforts under

Rule 11-217;

(D) A hearing following a failed conditional consent under

Rule 11-317;

(E) A hearing on the merits of an emergency removal of a

child from a court ordered placement under Chapters 200 and 300;

and

(F) Proceedings in which an adult is charged in juvenile

court under Rule 11-507, to the same extent that the Rules of

Evidence would apply to the proceeding in adult criminal court.

(3) Subject to subsection (b)(1) of this Rule, the Rules of

Evidence in Title 5 of these Rules do not apply to the following

proceedings under this Title:

(A) Shelter care and detention hearings under Chapters 200

and 400;

(B) Emergency hearing proceedings following the removal of

a child from a court-ordered placement under Chapters 200 and

300; and

(4) Subject to subsection (b)(1) of this Rule, the court, in

the interest of justice, may decline to require strict

application of the Rules of Evidence in Title 5 of these Rules

in all other proceedings.

(c)

Interstate Compacts; Indian Child Welfare Act

The Rules in this Title are subject to the applicable

provisions of Code, Human Services Article, Title 9, Subtitle 3

(Interstate Compact for Juveniles); Code, Family Law Article,

Title 5, Subtitle 6 (Interstate Compact on the Placement of

Children); and 25 U.S.C. §1901 et seq. (the Indian Child Welfare

Act).

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-102, as follows:

Rule 11-102.

DEFINITIONS

The following definitions apply in this Title:

(a)

Statutory Definitions

The definitions in Code, Courts Article, §§3-801 and 3-

8A-01 are applicable to this Title.

If a definition in Code,

Courts Article, Title 3, Subtitle 8 differs from the definition

of the term in Code, Courts Article, Title 3, Subtitle 8A, the

definition in the Subtitle under which the particular action or

proceeding was filed applies.

Cross reference: See Code, Courts Article, §3-801 for

definitions of “abuse,” “adjudicatory hearing,” “adult,”

“child,” “child in need of assistance,” “CINA,” “commit,”

“custodian,” “custody,” “developmental disability,” “disposition

hearing,” “guardian,” “guardianship,” “local department,”

“mental disorder,” “mental injury,” “neglect,” “parent,”

“party,” “qualified residential treatment program,” “reasonable

efforts,” “relative,” “sex trafficking,” “sexual abuse,” “sexual

molestation or exploitation,” “shelter care,” “shelter care

hearing,” “TPR proceeding,” “voluntary placement,” and

“voluntary placement hearing.”

See Code, Courts Article, §3-8A-01 for definitions of

“adjudicatory hearing,” “adult,” “child,” “child in need of

supervision,” “citation,” “commit,” “community detention,”

“competency hearing,” “custodian,” “delinquent act,” “delinquent

child,” “detention,” “developmental disability,” “disposition

hearing,” “incompetent to proceed,” “intake officer,” “mental

disorder,” “mental retardation,” “mentally handicapped child,”

“party,” “peace order proceeding,” “peace order request,”

“petition,” “qualified expert,” “respondent,” “shelter care,”

“victim,” “violation,” and “witness.”

(b)

Additional Definitions

In this Title, the following additional definitions apply

except as expressly otherwise provided or as necessary

implication requires:

(1) Court

“Court” means the division or part of the circuit court

that exercises the jurisdiction conferred on the circuit courts

by Code, Courts Article, Title 3, Subtitles 8, 8A, and 8C.

(2) Next Day

“Next day” means the next day that the circuit court is

in session.

(3) Respondent

“Respondent” means the juvenile who is the subject of a

petition.

(4) State’s Attorney

“State’s Attorney” has the meaning set forth in Rule 4102 to the extent the individual is authorized to represent the

State in a proceeding under Code, Courts Article, Title 3,

Subtitle 8A.

(5) Summons

“Summons” means a writ notifying the person named in the

summons that:

(A) the person summoned is a party in an action

that has been commenced in the court from which the summons is

issued, and (B) failure to attend may result in the issuance of

a body attachment or contempt proceedings for the person

summoned.

Source:

This Rule is derived from former Rule 11-101 (2021).

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-103, as follows:

Rule 11-103.

(a)

MAGISTRATES

General Authority; Applicability

(1) Generally

A magistrate appointed for juvenile causes is authorized

to hear any cases and matters under this Title assigned by the

court, except a hearing to terminate parental rights under Rule

11-312, a hearing on a waiver petition under Rule 11-410, or a

trial under Rule 11-507.

(2) Exception

Other than the procedures set forth in section (b) of

this Rule, the procedures in this Rule do not apply to hearings

before a magistrate in detention or shelter care proceedings.

Cross reference: See Rule 11-204 for procedures in CINA shelter

care proceedings. See Rule 11-406 for procedures in delinquency

detention and shelter care proceedings.

(3) Findings, Conclusions, and Recommendations

The findings, conclusions, and recommendations of a

magistrate do not constitute orders or final action of the

court.

(b)

Hearings

(1) Authority to Conduct and Regulate

A magistrate may conduct hearings and regulate all

proceedings relating to a hearing, including:

(A) fixing the time and place of the hearing, including

permitting remote participation in the hearing;

(B) directing the issuance of subpoenas to compel the

attendance of witnesses and the production of documents or other

tangible things;

(D) ruling on the admissibility of evidence;

(E) examining witnesses;

(F) convening, continuing, and adjourning the hearing, as

required; and

(G) recommending contempt proceedings or other sanctions

to the court.

(2) Recording

All proceedings before a magistrate shall be recorded

verbatim.

(c)

Report and Recommendations

(1) Contents of Reports

The magistrate’s report shall be a written report that

includes proposed findings of fact, conclusions of law, and

recommendations, and be accompanied by a proposed order.

(2) When Filed

Within 10 days after completing a disposition hearing or

a post-disposition proceeding that requires a court order, the

magistrate shall transmit to a judge assigned to the court the

entire file in the case, together with the magistrate’s report.

(3) Service

A copy of the report and proposed order shall be served

on each party as provided by Rule 20-205 in MDEC counties or

Rule 1-321 in non-MDEC counties.

Cross reference: See Rule 1-321 addressing the service of

pleadings and other papers filed after the original pleading.

(d)

Immediate Review

(1) By Agreement

The parties may agree to waive the right to file

exceptions to the magistrate’s report and recommendations and to

the immediate entry of the order proposed by the magistrate with

such amendments or clarifications to which the parties agree.

(2) Emergency Orders

If a magistrate finds that extraordinary circumstances

exist and recommends that an order be entered immediately, a

judge of the court shall review the file, any exhibits, and the

magistrate’s findings and recommendations and shall afford the

parties an opportunity for oral argument.

The court may accept,

reject, or modify the magistrate’s recommendations and issue an

immediate order.

An order entered under this subsection remains

subject to a later determination by the court on exceptions.

(e)

Exceptions

(1) Filing; Content

Unless waived pursuant to subsection (d)(1) of this

Rule, any party may file exceptions to the magistrate’s proposed

findings, conclusions, or recommended order.

The exceptions

shall be in writing, filed with the clerk within five days after

service of the magistrate’s report, and served on each other

party.

Exceptions shall specify:

(A) whether the excepting party requests that the hearing

on exceptions be de novo or on the record made before the

magistrate; and

(B) with particularity, those items to which the party

excepts and, if the hearing is to be on the record, each

asserted error.

(2) Transcript

If the hearing is to be on the record made before the

magistrate, the excepting party shall cause to be prepared,

transmitted to the court, and served on each other party, a

transcript of so much of the proceeding as is necessary for the

court to rule on the exceptions, unless (A) a transcript has

already been filed, (B) the hearing is to be on an agreed

statement of facts, or (C) the hearing is to be on an electronic

recording of the proceeding before the magistrate.

The

transcript shall be filed and served within 20 days after the

filing of exceptions unless, upon motion made prior to

expiration of the 20-day period, and for good cause, the court

extends that time.

(f)

Hearing on Exceptions

(1) Duty to Schedule

Upon the filing of timely exceptions which comply with

this Rule, the court shall schedule a prompt hearing, which

shall occur within 30 days after the filing of exceptions unless

the court, with the agreement of the parties or for good cause,

extends the time.

(2) Type and Scope of Hearing

(A) The hearing shall be limited to those matters to which

exceptions have been filed.

(B) An excepting party, other than the State in a

delinquency proceeding, may elect a hearing de novo or a hearing

on the record made before the magistrate.

If the excepting

party did not request a de novo hearing when filing the

exceptions, the hearing shall be on the record.

proceeding involving juvenile delinquency, the hearing shall be

on the record, supplemented by additional evidence as the judge

considers relevant and to which the parties raise no objection.

(D) If the hearing is on the record, the court may confine

the hearing to the particular allegations of error stated in the

exceptions.

Cross reference:

See Code, Courts Article, §3-807 (c).

(3) Record

(A) If the hearing is on the record made before the

magistrate, the hearing shall be held either on an agreed

statement of facts or on the part of the record that is relevant

to the exceptions.

(B) The court, on its own initiative or on motion of a

party, may accept an electronic recording of the proceeding in

place of a transcript.

(g)

Review by Court if No Exceptions Filed

If no exceptions have been filed in compliance with this

Rule, the court, within 10 days after the expiration of the time

for filing exceptions, shall:

(1) adopt the magistrate’s proposed findings of fact,

conclusions of law, and recommendations and enter an appropriate

order based on them;

(2) remand the case to the magistrate for a further hearing;

(3) schedule a de novo hearing before the court, unless the

parties agree to a hearing on the record.

Source:

This Rule is derived in part from former Rules 11-110

and 11-111 (2021).

Section (d) is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-104, as follows:

Rule 11-104.

(a)

MOTIONS

Generally

An application to the court for an order shall be made by

motion which, unless made during a hearing, shall (1) be in

writing, (2) be accompanied by a proposed order, and (3) set

forth the relief or order sought.

This Rule does not apply to

motions required to be filed pursuant to Rule 11-419 (b).

Cross reference: See Rule 11-419 (b) addressing mandatory

motions in delinquency and citation proceedings.

(b)

Response

Unless the court orders otherwise:

(1) a party against whom a motion is directed is not

required to file a response;

(2) any response shall be filed within 10 days after service

of the motion; and

(3) if a party fails to file a response, the court may

proceed to rule on the motion.

(c)

Hearing

Any party desiring a hearing on a motion shall request

the hearing in the motion or response under the heading “Request

for Hearing.” The title of the motion or response shall state

that a hearing is requested.

(d)

Statement of Grounds

The grounds of a written motion or response shall be

stated with particularity.

(e)

Affidavit

A motion or response that is based on facts not contained

in the record or papers on file in the proceeding shall be

supported by affidavit and accompanied by any papers or exhibits

on which it is based.

Source:

This Rule is new.

It is derived from Rule 2-311.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-105, as follows:

Rule 11-105.

(a)

SUBPOENAS

Generally

Except as otherwise provided by law, the clerk shall

issue a subpoena for each witness requested by any party,

pursuant to Rule 2-510.

(b)

Hospital Records

A subpoena for hospital records may be issued in

accordance with Rule 2-510 (i).

Cross reference: See Rule 2-510 addressing subpoenas in civil

proceedings generally. Section (i) of that Rule addresses

records produced by custodians.

Source:

(2021).

This Rule is derived in part from former Rule 11-104

Section (b) is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-106, as follows:

Rule 11-106.

(a)

SUMMONS

Generally

Upon the filing of a petition, the clerk shall issue a

summons for each party except the petitioner and a respondent

child alleged to be in need of assistance.

(b)

Content

(1) Generally

A summons shall contain:

(A) the name of the court and the assigned docket

reference;

(B) the name and address of the person summoned;

(D) the date, time, and place of the scheduled hearing;

(E) if any portion of the hearing is to be conducted by

remote means pursuant to Rules 2-801 through 2-806, details

regarding the manner of remote participation;

(F) a statement that failure to attend may result in the

person summoned being taken into custody; and

(G) a statement that the person summoned shall keep the

court advised of the person’s address during the pendency of the

proceedings.

(2) Production of Child

A summons to a parent, guardian, or custodian of a

respondent child shall require the person to produce the child

at the place, on the date, and at the time stated in the

summons.

Source: This Rule is derived from former Rule 11-104 (2021).

Section (b) is new and is derived from former Form 904-S.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-107, as follows:

Rule 11-107.

(a)

SERVICE OF PAPERS

Summons

A summons issued pursuant to Rule 11-106 shall be served

in the manner provided by Rule 2-121, and be returnable as

provided by Rule 2-126.

(b)

Other Papers

Except as otherwise provided by law, all other papers

filed with the court, other than a petition or citation, shall

be served in the manner provided by Rule 20-205 in MDEC counties

or Rule 1-321 in non-MDEC counties.

Source: This Rule is derived in part from former Rule 11-104 c

(2021) and is in part new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-108, as follows:

Rule 11-108.

(a)

HEARINGS

Non-jury

Hearings shall be conducted before a judge or magistrate

without a jury, and shall be conducted in an informal manner.

(b)

Recording

All proceedings shall be recorded verbatim by a recording

method approved by the county administrative judge.

Committee note: The requirement that all juvenile proceedings

be recorded verbatim applies regardless of the location of the

hearing.

(c)

Place of Hearing

A hearing may be conducted in open court, in chambers,

remotely in conformance with the procedures and requirements in

Rules 2-801 through 2-806, or elsewhere where appropriate

facilities are available.

(d)

Open and Closed Hearings

(1) Exclusion from CINA or Voluntary Placement Hearings

A determination of who may or shall be excluded from a

CINA or voluntary placement hearing is governed by Code, Courts

Article, §3-810 (b).

(2) Exclusion from CINS, Delinquency, or Peace Order

Hearings

A determination of who may be excluded from a CINS,

delinquency, or peace order hearing is governed by Code, Courts

Article, §3-8A-13 (f).

(3) Participation by Nonparties

Participation by foster parents, preadoptive parents,

caregivers, and attorneys for those individuals is governed by

Code, Courts Article, §3-816.3.

Cross reference: Code, Courts Article, §3-810 (b) addresses

both mandatory and permissive exclusion of the general public

from a CINA or voluntary placement hearing. Code, Courts

Article, §3-8A-13 (f) addresses permissive exclusion of the

general public from a CINS hearing or certain delinquency or

peace order hearings, and requires certain delinquency

proceedings to be conducted in open court.

(4) Confidential Information

The court shall take appropriate steps to prevent public

disclosure of information that is confidential under state or

federal law.

Committee note: Statutes that govern confidential information

include Code, Health-General Article, §§4-302 and 4-307, and the

Health Insurance Portability and Accountability Act of 1996

(HIPAA), 42 U.S.C. §1320d et seq. See also the Rules in Title

16, Chapter 900 (Access to Judicial Records).

(e)

List of Open Hearings

Prior to the convening of court on each day that court is

in session, the clerk shall prepare and make available to the

public a list of the hearings scheduled for that day that are

required by Code, Courts Article, §3-8A-13 (f) to be conducted

in open court.

The list shall include the full name of each

respondent and the time and location of the hearing.

(f)

Notice

(1) Generally

Unless the parties are notified in open court and on the

record of the date, time, place, and purpose of the next

hearing, and except for a hearing on a petition for continued

detention or shelter care, the clerk shall issue to each party a

notice of the date, time, place, and purpose of each hearing.

The notice shall be served in the manner provided by Rule 11107.

(2) Timing

The notice shall be provided as soon as practicable.

shall be provided at least five days before the hearing unless a

different time is provided by law, the five day notice period is

waived, or the hearing is:

(A) on a petition for emergency medical treatment pursuant

to Code, Courts Article, §3-824 (a) or §3-8A-13 (h);

(B) on a petition for continued shelter care or detention;

adjudicatory hearing; or

(D) an emergency review hearing under Code, Courts

Article, §3-820 (d).

(g)

Consolidation

(1) Multiple Petitions Against One Respondent

If two or more petitions are filed against a respondent,

hearings on the petitions may be consolidated or severed as

justice may require.

(2) Petitions Filed Against More than One Respondent

(A) Except as otherwise provided in this subsection,

hearings on petitions filed against more than one respondent

arising out of the same incident or conditions may be

consolidated or severed as justice may require.

(B) If prejudice may result to any respondent from a

consolidation, the hearing on the petition against that

respondent shall be severed and conducted separately.

the hearing on the petition filed against the child shall be

severed and conducted separately from the adult proceeding.

(h)

Victims

At an adjudicatory hearing in a delinquency action, the

judge, magistrate, or clerk shall (1) inquire whether any victim

or victim’s representative, as defined in Code, Criminal

Procedure Article, §11-104 (a), or family member of a victim is

present, and (2) cause to be inserted in the case file a list of

all such individuals as provided by the State’s Attorney’s

Office.

Identifying information regarding those individuals

shall be shielded pursuant to the Rules in Title 16, Chapter 900

and Code, Criminal Procedure Article, §11-301.

Committee note: Code, Courts Article, §3-8A-27.1 (b)(2)

requires the court to serve a petition for expungement of a

juvenile record on all listed victims and all family members of

a listed victim “who are listed in the court file as having

attended the adjudication for the case in which the person is

seeking expungement.” In order to comply with that requirement,

the court file must include a list of those individuals.

(i)

Admissions Made in Court

A party entitled to file a response, whether or not a

response was filed, may admit in court and on the record any or

all of the allegations in the petition or state an intention not

to deny one or more of the allegations.

The court shall neither

encourage nor discourage an admission or denial.

Source: This Rule is derived from former Rule 11-110 (2021),

except that section (i) is derived from former Rule 11-107

(2021).

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-109, as follows:

Rule 11-109.

PRODUCTION OF CHILD

Unless the child’s presence is excused by the court for

good cause, the child’s custodian shall bring the child to all

hearings under the Rules in this Title.

An attorney for the

child may waive the child’s presence in any proceeding other

than a delinquency proceeding or a child consultation pursuant

to Code, Courts Article, §3-823 (j).

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-110, as follows:

Rule 11-110.

JUVENILE RESTRAINTS

If a child who is the subject of the proceedings is brought

before the court wearing any physical restraint device, absent a

particularized security concern, the device shall be removed

while the child is in the courtroom or hearing room.

Although

security personnel have the ongoing responsibility for

maintaining security and order throughout the proceeding, the

judge or magistrate conducting the proceeding shall determine

whether the child needs to remain in restraints while in the

courtroom or hearing room.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-111, as follows:

Rule 11-111.

(a)

CONTROLLING CONDUCT

Authority

On its own initiative or on application or motion of a

party, the court may direct, restrain, or otherwise control the

conduct of any person properly before the court in accordance

with the provisions of Code, Courts Article, §3-821 or §3-8A-26.

(b)

Service of Order

Any order under this Rule shall be served on the person

to whom it is directed.

(c)

Other Remedies

In addition to the remedies provided by section (a) of

this Rule, Chapter 200 of Title 15 of these Rules is applicable

to juvenile causes, and the sanctions provided in that Chapter

may also be imposed.

Source:

This Rule is derived from Rule 11-110 e (2021).

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 100 – GENERAL PROVISIONS

ADD new Rule 11-112, as follows:

Rule 11-112.

PAPERS IN A FOREIGN LANGUAGE

Whenever the court or a unit of the State or local

government has reason to believe that an individual required to

be served with a summons, subpoena, notice of hearing or court

conference, or other document that requires a decision, action,

or response by the individual, by reason of unfamiliarity with

the English language, may be unable to read and understand the

document, the unit shall (1) serve the document in English and

in a language that the court or unit reasonably believes the

individual can understand, or (2) as an attachment to the

English version of the document, inform the individual in a

language the court or unit reasonably believes the individual

can understand that, if the individual, due to unfamiliarity

with the English language, is unable to read and understand the

document, upon request (A) a copy of the document in a language

the individual understands will be made available, or (B) an

individual fluent in the language the served individual

understands will be made available to translate the document.

Committee note: The Access to Justice Department of the

Administrative Office of the Courts provides translation

services to the Maryland courts and can provide translations of

forms and materials at the court’s request. See Code, State

Government Article, §10-1103 requiring State agencies, including

the Department of Human Services, Department of Juvenile

Services, and Attorney General’s Office to provide “the

translation of vital documents ordinarily provided to the public

into any language spoken by any limited English proficient

population that constitutes 3% of the overall population within

the geographic area served by a local office of a State program

as measured by the United States Census.”

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

TABLE OF CONTENTS

Rule 11-201. APPLICABILITY

Rule 11-202. DEFINITIONS

(a) CINA Petition

(b) Emergency Shelter Care

Rule 11-203. CONFIDENTIALITY OF RECORDS

(a) Generally

(b) Sealing

(1) Generally

(2) Opening of Sealed Records

Rule 11-204. SHELTER CARE

(a) Placement in Emergency Shelter Care

(b) Petition for Continued Shelter Care

(1) Timing

(2) Notice

(3) Presence

(d) Order for Continued Shelter Care

(1) Limitation on Continued Shelter Care

(2) Duration

(3) Findings and Order

(4) Review of Magistrate’s Shelter Care

Determination

Rule 11-205. CINA PETITION

(a) Who May File

(b) Where Filed; Transfer

(1) Where Filed

(2) Transfer

(d) Caption

(e) Form; Contents

(f) Signature; Affidavit

(1) Who Must Sign

(2) Effect of Signature

(3) When Affidavit Required

(g) Copies

Rule 11-206. SUMMONS; NOTICE TO ATTORNEY

(a) Issuance of Summons

(b) Notice

(1) Manner of Service

(2) Failure of Service

(3) Effect of Delay in Service

(d) Notice to Child's Attorney

Rule 11-207. RIGHT TO ATTORNEY; CASA

(a) Generally

(b) Representation of Child

(1) Generally

(2) Source of Attorney

(3) Assessment of Compensation for Child’s Attorney

State Expense

(1) Limitation on Entitlement

(2) Public Defender

(d) Court-Appointed Special Advocate

Rule 11-208. RESPONSE TO PETITION

(a) Nature of Response

(b) Withdrawal of Admission

Rule 11-209. AMENDMENTS TO PLEADINGS AND OTHER PAPERS

(a) Generally

(b) Continuance; Postponement

Rule 11-210. STUDY; PHYSICAL OR MENTAL EXAMINATION

(a) Order

(1) Generally

(2) Physical or Mental Examination

(b) Copies of Report

§3-816

Rule 11-211. EMERGENCY MEDICAL TREATMENT

(a) Court Order

(1) Generally

(2) Placement in Emergency Facility

(b) Expedited Hearing

Rule 11-212. DISCOVERY

(a) Terminology

(b) Informal

(d) Continuing Duty to Disclose

(e) Sanctions

(f) Protective Orders

(1) Generally

(2) Written Statement

(g) Work Product

(h) Intervenors

Rule 11-213. ADJUDICATORY HEARING

(a) Requirement

(b) Timing

(1) Generally

(2) Child in Shelter Care

(3) Child Not in Shelter Care

(d) Adjudication; Findings; Adjudicatory Order

(1) Hearing Conducted by Magistrate

(2) Hearing Conducted by Judge

Rule 11-214. IDENTITY AND ADDRESS OF PARENTS

(a) Duty of Court

(b) Duty of Clerk

Rule 11-215. INTERVENTION

(a) Request to Intervene

(b) Proceedings on Motion

(1) Preliminary Determination

(2) Hearing; Decision

(3) Effect of Granting Motion

Rule 11-216. DISPOSITION HEARING AND ORDER

(a) Generally

(b) Scheduling

(d) Possible Dispositions

(e) Inpatient Commitment to Certain Facilities

(1) Order for Evaluation

(2) Conduct of Evaluation

(3) Limitations on Commitment

(4) Commitment for Inpatient Care and Treatment

(f) Statement of Reasons

(1) By a Judge

(2) By a Magistrate

(3) Reasonable Efforts Finding

Rule 11-217. WAIVER OF REUNIFICATION EFFORTS

(a) Generally

(b) Timing

(d) Request for Permanency Hearing

Rule 11-218. MODIFICATION OR VACATION OF ORDER

(a) Authority

(1) Generally

(2) Limitations

(b) On Motion, Petition, or Own Initiative

(1) Generally

(2) Motion; Petition

(3) Own Initiative

(d) Time to Appeal

Rule 11-219. POST DISPOSITION REVIEW AND MODIFICATION;

PERMENANCY PLANS

(a) Status Review

(1) Generally

(2) Qualified Residential Treatment Program

(b) Review of Custody and Guardianship

(1) In General

(2) Other Hearings Based on Individualized Treatment

Plans

(d) Removal of Child from Court-Ordered Placement

(1) Emergency Hearing

(2) Hearing on the Merits

(e) Permanency Plan Hearings

(1) Determination of Permanency Plan

(2) Periodic Reviews

(3) Reasonable Efforts Finding

Rule 11-220. TERMINATION OF PROCEEDING

(a) Termination of Jurisdiction

(1) Generally

(2) Limited Retention of Jurisdiction

(b) Prior to Termination of Jurisdiction

FORM

FORM 11-206. NOTICE INCLUDED IN CINA SUMMONS

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-201, as follows:

Rule 11-201.

APPLICABILITY

The Rules in this Chapter govern child in need of

assistance proceedings under Code, Courts Article, Title 3,

Subtitle 8.

Committee note: Code, Courts Article, Title 3, Subtitle 8

applies to CINA and voluntary placement proceedings. This

Chapter of the Rules addresses only CINA proceedings. Rule 11503 governs voluntary placement proceedings.

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-202, as follows:

Rule 11-202.

DEFINITIONS

The following definitions apply in this Chapter:

(a)

CINA Petition

“CINA petition” means a petition filed with the court

pursuant to Code, Courts Article, §3-809.

(b)

Emergency Shelter Care

“Emergency shelter care” means shelter care when a child

has been removed from the home or placement by a local

department in accordance with Code, Courts Article, §3-815.

(c)

Petition for Continued Shelter Care

“Petition for continued shelter care” means a petition

filed pursuant to Rule 11-204 (b).

Source:

This Rule is new.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-203, as follows:

Rule 11-203.

(a)

CONFIDENTIALITY OF RECORDS

Generally

All court records in CINA proceedings pertaining to a

child are confidential and may not be disclosed, by subpoena or

otherwise, except by order of court for good cause shown, or as

permitted by Code, Courts Article, §3-827 or Code, Human

Services Article, §1-202.

(b)

Sealing

(1) Generally

On motion, petition, or on its own initiative, and for

good cause shown, the court may order the court records of a

child sealed and shall order them sealed after the child has

reached the age of 21.

(2) Opening of Sealed Records

If sealed, court records of a child may not be opened

for any purpose except by order of court for good cause shown.

Cross reference: See Rule 16-914 (a) regarding required denial

of inspection of certain categories of records in actions

involving children.

Source:

(2021).

This Rule is derived in part from former Rule 11-121

100

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-204, as follows:

Rule 11-204.

(a)

SHELTER CARE

Placement in Emergency Shelter Care

A local department may place a child in emergency shelter

care before a hearing in conformance with Code, Courts Article,

§3-815 (b).

Cross reference: See Code, Courts Article, §3-807 for the

authority of a magistrate to order shelter care.

(b)

Petition for Continued Shelter Care

Unless a child placed in emergency shelter care pursuant

to section (a) of this Rule has been released, the local

department shall:

(1) give to the child’s parent, guardian, or custodian

written notice of the emergency shelter care; and

(2) on the next day file a CINA petition with a request for

continued shelter care or a separate petition requesting

continued shelter care including the allegations supporting the

request for continued shelter care.

(c)

Hearing

101

(1) Timing

The court shall hold a hearing on a request for

continued shelter care on the same day that the petition is

filed.

The hearing may be postponed or continued by the court

for good cause shown, but it may not be postponed for more than

eight days following the commencement of the respondent’s

emergency shelter care.

(2) Notice

The petitioner shall give reasonable notice of the time,

place, and purpose of the hearing to the child’s parent,

guardian, and custodian, and to the child’s other relatives who

may be potential placement resources, if they can be located.

(3) Presence

A respondent shall be present for the hearing, except

that the attorney for the respondent may waive the presence of

that respondent.

Committee note: If the hearing is conducted by remote

electronic means, “present” or “presence” means the ability (1)

to observe the proceeding, (2) to communicate with other

participants when such communication is permitted, and (3) to be

observed by other participants when communicating.

(d)

Order for Continued Shelter Care

(1) Limitation on Continued Shelter Care

The court may continue shelter care prior to

adjudication if the court has reasonable grounds to find the

102

criteria in Code, Courts Article, §3-815 (d) have been

satisfied.

(2) Duration

The court may not order continued shelter care for more

than 30 days, except that it may extend the shelter care for an

additional period not exceeding 30 days if it finds, by a

preponderance of the evidence, after a hearing held as part of

an adjudicatory hearing, that continued shelter care is needed

to provide for the safety of the child.

(3) Findings and Order

If the court orders continued shelter care, the court

shall make written findings as to the grounds for removal and

the efforts that were made to avoid the need for removal as

required by Code, Courts Article, §3-815 (d) and (e) and §3816.1.

If the hearing was conducted by a magistrate, the

magistrate also shall make written findings, conclusions, and

recommendations.

If a magistrate declines to order continued

shelter care, the magistrate shall prepare written findings in

support of that determination and enter an order denying

continued shelter care.

(4) Review of Magistrate’s Shelter Care Determination

(A) Request

103

If a hearing under this Rule was conducted by a

magistrate, a party may request immediate review of an order

orally at the hearing or in writing.

(B) Review by Judge

Not later than the next day following a request for

immediate review, a judge of the court shall review the file,

any exhibits, and the magistrate’s findings, conclusions, and

recommendations and shall afford the parties an opportunity for

a hearing on the record or de novo review.

Source: This Rule is derived in part from former Rule 11-112

(2021) and is in part new.

104

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-205, as follows:

Rule 11-205.

(a)

CINA PETITION

Who May File

A CINA petition may be filed only by:

(1) a local department; or

(2) under the circumstances set forth in Code, Courts

Article, §3-809 (e), the person or agency that filed a complaint

or caused a complaint to be filed with the local department.

Cross reference: See Rule 11-202 (a) for the definition of

“CINA petition.” See Code, Courts Article, §3-809 for

administrative procedures relating to the decision whether to

file a petition.

(b)

Where Filed; Transfer

(1) Where Filed

A CINA petition shall be filed in the county where:

(A) the child is residing when the petition is filed; or

(B) any act on which the petition is based allegedly

occurred.

(2) Transfer

105

If a CINA petition is filed in a county other than the

county in which the child resides, the court may transfer the

case in accordance with Code, Courts Article, §3-805 (b).

Cross reference: See Code, Courts Article, §3-805 (a)(1)

concerning venue for filing.

(c)

Separate CINA Petition for Each Child

A separate CINA petition shall be filed for each child

alleged to be a CINA.

(d)

Caption

The CINA petition shall be captioned “In the Matter of .

. . . . . . . .”

(e)

Form; Contents

The CINA petition shall be filed in substantially the

form approved by the State Court Administrator and posted on the

Judiciary website and shall state:

(1) the name and address of the petitioner and the basis of

the petitioner’s authority to file the petition pursuant to

section (a) of this Rule;

(2) the child’s name, address, and, if known, date of birth,

and the name and address of each parent, guardian, or custodian

of the child;

(3) the basis for the court’s jurisdiction over the child

pursuant to Code, Courts Article, §3-803 or §3-804;

106

(4) that the child is in need of assistance and, in clear

and simple language, the alleged facts in support of that

allegation;

(5) the name and address of each witness, known at the time

the petition is filed, whom the petitioner intends to call to

testify in support of the petition; and

(6) whether the child is in shelter care, and, if so:

(A) the date the shelter care commenced;

(B) whether the child’s parent, guardian, or custodian has

been notified; and

care.

(f)

Signature; Affidavit

(1) Who Must Sign

The CINA petition shall be signed by:

(A) the petitioner personally, if the petitioner is an

individual; or

(B) an attorney for the petitioner in other cases.

(2) Effect of Signature

The signature constitutes a certification that the

signer has read the petition, that to the best of the signer’s

knowledge, information, and belief, there is a legal and factual

basis to support the petition, and that it is not filed for an

improper purpose or delay.

107

(3) When Affidavit Required

A CINA petition filed under the Interstate Compact for

Juveniles or the Interstate Compact on the Placement of Children

shall be verified by affidavit and comply with the requirements

of the applicable Compact.

Cross reference: For the Interstate Compact for Juveniles, see

Code, Human Services Article, Title 9, Subtitle 3. For the

Interstate Compact on the Placement of Children, see Code,

Family Law Article, Title 5, Subtitle 6.

(g)

Copies

The petitioner shall file a sufficient number of copies

to provide for service on the parties.

Committee note: Electronic filing of pleadings and papers is

allowed only as provided by the Rules in Title 20.

Source: This Rule is derived in part from former Rule 11-103

(2021). Section (f) is derived from former Rule 11-103 a 3 and

Rule 1-311 (b).

108

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-206, as follows:

Rule 11-206.

(a)

SUMMONS; NOTICE TO ATTORNEY

Issuance of Summons

The clerk shall issue a summons in accordance with Rule

11-106.

If the petitioner is a person or entity other than the

local department, the clerk also shall issue a summons to the

local department.

(b)

Notice

The summons shall contain a notice substantially in the

form set forth in Form 11-206 that follows the Rules in this

Chapter.

(c)

Service

(1) Manner of Service

The summons, together with a copy of the petition, shall

be served in the manner provided by Rule 2-121.

(2) Failure of Service

If a parent, guardian, or custodian of the respondent

child cannot be served for any reason, the petitioner shall file

proof of the steps taken to give notice or provide sworn

109

testimony of the steps taken to give notice.

Notice of the

pendency and nature of the proceeding shall be given as directed

by the court.

(3) Effect of Delay in Service

Delay in effecting service upon, or in giving notice to,

any parent, guardian, or custodian shall not prevent the court

from proceeding.

(d)

Notice to Child’s Attorney

The clerk shall send to the respondent child’s attorney a

copy of the petition and a notice of any scheduled hearing.

Source:

This Rule is new.

110

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-207, as follows:

Rule 11-207.

(a)

RIGHT TO ATTORNEY; CASA

Generally

A party is entitled to the assistance of an attorney at

every stage of a CINA proceeding.

(b)

Representation of Child

(1) Generally

A child who is the subject of a CINA petition shall be

represented by an attorney.

The right to an attorney for a

child may not be waived.

(2) Source of Attorney

Unless the court finds that it would not be in the best

interests of the child, the court (A) shall appoint an attorney

with whom the Department of Human Services has contracted to

provide that service, and (B) if another attorney has entered an

appearance for the child, shall strike the appearance of that

attorney.

(3) Assessment of Compensation for Child’s Attorney

111

After considering the party’s ability to pay, the court

may assess against any party reasonable compensation for the

services of an attorney appointed to represent a child.

(c)

Other Parties; Representation at State Expense

(1) Limitation on Entitlement

Except as otherwise provided in this Rule and for the

local department and the child who is the subject of the

petition, a party is not entitled to representation at State

expense unless the party is (A) indigent, or (B) otherwise not

represented and (i) under the age of 18 years or (ii)

incompetent by reason of mental disability.

(2) Public Defender

The Office of the Public Defender may not represent a

party in a CINA proceeding unless the party (A) is the parent or

guardian of the alleged CINA, (B) applies to the Office

requesting representation in the proceeding, and (C) is

financially eligible for the services of the Public Defender.

Cross reference: See Code, Courts Article, §3-813 concerning

assistance of counsel.

(d)

Court-Appointed Special Advocate

In addition to the appointment of an attorney, the court

may appoint a special advocate under the Court-Appointed Special

Advocate Program created by Code, Courts Article, §3-830.

Cross reference: See Code, Courts Article, §3-830 concerning

Court-Appointed Special Advocates.

112

Source: This Rule is derived in part from former Rule 11-106

(2021) and is in part new.

113

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-208, as follows:

Rule 11-208.

(a)

RESPONSE TO PETITION

Nature of Response

A party served with a petition may file a written

response that admits or denies all or any of the facts alleged

in the petition.

Any allegation not admitted in the response is

deemed denied.

(b)

Withdrawal of Admission

At any time before disposition, the court, in the

interest of justice, may permit an admission in a response to be

withdrawn.

Source:

This Rule is derived from former Rule 11-107 (2021).

114

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-209, as follows:

Rule 11-209.

(a)

AMENDMENTS TO PLEADINGS AND OTHER PAPERS

Generally

With the approval of the court:

(1) A CINA petition may be amended at any time prior to the

commencement of the adjudicatory hearing.

With the approval of

the court and for good cause shown, the CINA petition may be

amended at any time prior to the conclusion of the adjudicatory

hearing.

(2) A motion or other pleading may be amended at any time

before the final disposition of the motion or pleading.

(b)

Continuance; Postponement

If an amendment is made, the court shall grant the

parties a continuance or postponement as justice may require in

light of the amendment.

Source: This Rule is derived in part from former Rule 11-108

(2021) and is in part new.

115

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-210, as follows:

Rule 11-210.

(a)

STUDY; PHYSICAL OR MENTAL EXAMINATION

Order

(1) Generally

Any order for a study or examination pursuant to Code,

Courts Article, §3-816 shall specify the time, place, manner,

conditions, and scope of the study or examination and the person

or persons by whom it is to be made.

(2) Physical or Mental Examination

Any order for a physical or mental examination pursuant

to Code, Courts Article, §3-816 also:

(A) shall require that the examination be conducted on an

outpatient basis if, considering the child’s condition, that is

feasible and appropriate;

(B) may order an inpatient evaluation for a placement

period not to exceed 21 days if, after a hearing, the court

finds:

(i) that an inpatient evaluation is necessary, and (ii)

that there are no less restrictive means to obtain an

evaluation; and

116

conclusions, and the testimony at a hearing by the examining

physician, psychiatrist, psychologist, or other professionally

qualified person, (ii) the payment of the expenses of the

examination, and (iii) any other relevant matters.

(b)

Copies of Report

The person making a report of a study or examination

shall provide the report to the local department.

Promptly upon

receipt of the report, the local department shall file it with

the court and serve a copy of it on the attorney for each party

represented by an attorney and on each unrepresented party.

Reports ordered pursuant to Code, Courts Article, §3-816 shall

be served at least 5 days before presentation to the court.

(c)

Use of Report Ordered Under Code, Courts Article, §3-816

The report of an examination ordered pursuant to Code,

Courts Article, §3-816 and testimony regarding that report is

not admissible at an adjudicatory hearing but is admissible at a

disposition hearing and post-disposition hearing.

Cross reference:

case studies.

See Code, Courts Article, §3-816 concerning

Source: This Rule is derived in part from former Rule 11-105

(2021) and is in part new.

117

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-211, as follows:

Rule 11-211.

(a)

EMERGENCY MEDICAL TREATMENT

Court Order

(1) Generally

The court may order emergency medical, dental, surgical,

or psychiatric treatment of a child who is the subject of a

petition under this Chapter and who is alleged to be suffering

from a condition or illness which, in the opinion of a licensed

physician or dentist, requires immediate treatment if the

child’s parent, guardian, or custodian is not available or,

without good cause, refuses to consent to the treatment.

(2) Placement in Emergency Facility

A child may be placed in an emergency facility on an

emergency basis in accordance with Code, Health—General Article,

Title 10, Subtitle 6, Part IV.

Cross reference:

through 10-630.

(b)

See Code, Health—General Article, §§10-620

Expedited Hearing

118

The court shall hear and rule on a petition seeking an

order for emergency medical, dental, surgical, or psychiatric

treatment on an expedited basis.

(c)

Life-Sustaining Procedures

The court shall apply the factors set forth in Code,

Estates and Trusts Article, §13-711 (b), to the extent relevant,

when deciding whether to withhold or withdraw a life-sustaining

procedure as defined in Code, Estates and Trusts Article, §13711 (c).

Cross reference:

Source:

See Code, Courts Article, §3-824.

This Rule is new.

119

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-212, as follows:

Rule 11-212.

(a)

DISCOVERY

Terminology

The terms “disclosure” and “discovery” are used in this

Rule and other discovery Rules interchangeably.

For purposes of

this Rule, “disclosure” is the broader term that refers

generally to information turned over to another party, whether

voluntarily through informal means or pursuant to a request.

“Discovery” refers more narrowly to information that must be

turned over pursuant to a formal request.

Neither term is

intended to narrow what this Rule or other law requires to be

disclosed.

(b)

Informal

Before any party may seek discovery under these Rules,

the parties or their respective attorneys shall make a good

faith effort to resolve all questions of discovery, and to

provide information required or requested under these Rules as

to which there is no dispute.

When there are items requested by

one party that the other party has refused to disclose, the

120

demanding party may make an appropriate motion to the court.

The motion shall be made as early as practicable prior to the

next hearing and shall state, if true, that good faith efforts

were made to resolve the dispute and that those efforts have

been unsuccessful.

Nothing in this Rule shall delay the

disclosure of any items agreed upon by the parties pending

resolution of any motion for discovery.

(c)

Court Order

Upon a motion filed pursuant to section (b), the court

may order a party to disclose and make available for inspection,

photographing, or other copying any material or information

within the possession or control of the party that (1) was

requested but not disclosed, (2) is not precluded by this Rule

or other law from disclosure, (3) is relevant to the allegations

in the petition or to the adjudication or disposition of the

action, and (4) in the interest of justice ought to be

disclosed.

Committee note: See Code, Human Services Article, §§1-202

through 1-212, limiting the disclosure of certain records of

social service agencies regarding children, and 79 Op. Atty.

General 331 (1994), concluding that those statutes, as then

codified, and federal law “require that an order mandating

discovery in a CINA case be by a specific court order issued

upon consideration of the particular circumstances of the case,

rather than by a general rule.” The intent of section (c) of

this Rule is to permit the court to enter such an order specific

to the case.

(d)

Continuing Duty to Disclose

121

If, prior to or during a hearing, a party discovers (1)

additional evidence or material previously requested or ordered

to be disclosed by it that is subject to discovery or inspection

under this Rule, or (2) the identity of an additional witness or

witnesses, the party promptly shall notify the opposing party or

the court of the additional evidence, material, or witness.

(e)

Sanctions

If at any time during the proceedings the court finds

that a party has failed to comply with this Rule or an order

issued pursuant to this Rule, the court, consistent with the

best interest of the child, may:

(1) order that party to permit discovery or inspection of

the matters not previously disclosed;

(2) grant a reasonable continuance;

(3) strike the testimony to which the undisclosed matter

relates;

(4) prohibit the party from introducing evidence or

witnesses not disclosed; or

(5) enter any other order appropriate under the

circumstances.

(f)

Protective Orders

(1) Generally

On motion of a party or a person from whom disclosure is

required or a person named or depicted in an item sought to be

122

discovered, the court, for good cause shown, may order that

specified disclosures be denied or restricted in any manner that

justice requires.

(2) Written Statement

Upon motion of any party, a person from whom discovery

is sought, or a person named or depicted in an item sought to be

discovered, the court may permit any showing of cause for denial

or restriction of disclosures to be made, in whole or in part,

in the form of a written statement to be inspected by the court.

If the court enters an order granting relief, the entire text of

the statement shall be sealed and preserved in the records of

the court and made available to the appellate court in the event

of an appeal.

(g)

Work Product

Disclosure of legal research or of records,

correspondence, reports, or memoranda shall not be required to

the extent that they contain the opinions, theories, or

conclusions of the attorney for a party, or members of the

attorney’s staff.

(h)

Intervenors

If intervention has been allowed pursuant to Rule 11-215,

the court may enter orders pertaining to disclosure to and from

the intervenor as justice may require.

Source:

This Rule is new.

123

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-213, as follows:

Rule 11-213.

(a)

ADJUDICATORY HEARING

Requirement

After a CINA petition has been filed, the court shall

hold an adjudicatory hearing.

(b)

Timing

(1) Generally

Unless all parties agree to an earlier date, an

adjudicatory hearing may not be held earlier than 15 days after

the filing of the CINA petition.

(2) Child in Shelter Care

(A) If the respondent child is in shelter care, the

adjudicatory hearing shall be commenced within 30 days after the

date on which the court ordered continued shelter care.

(B) For good cause, the court may extend the time for the

hearing for a period not to exceed an additional 30 days.

The

court may not order continued shelter care for more than 30

days, except that it may extend the shelter care for an

additional period not exceeding 30 days if it finds, by a

124

preponderance of the evidence after a hearing held as part of an

adjudicatory hearing, that continued shelter care is needed to

provide for the safety of the child.

Cross reference: See In re Vanessa C., 104 Md. App. 452 (1995),

holding that, although an adjudicatory hearing need not be

completed within the permissible 30-day period, it must be

commenced within that period, continue, insofar as possible, on

a day-to-day basis, and be completed with a reasonable degree of

continuity. See also In re Keith W., 310 Md. 99 (1987), holding

that failure to hold an adjudicatory hearing within the time

allowed by the Rule does not require dismissal of the petition.

(3) Child Not in Shelter Care

If the respondent child is not in shelter care, the

adjudicatory hearing shall be held within 60 days after the CINA

petition and the summons issued pursuant to Rule 11-206 are

served on the attorney for the respondent child.

On motion of a

party made within that period, the county administrative judge,

or the judge designated by the administrative judge, for

extraordinary cause shown, may extend the time within which the

adjudicatory hearing may be held.

The judge shall state on the

record the cause that requires an extension and specify the

number of days of the extension.

(c)

Presentation of Evidence; Burden of Proof

The petitioner shall present the evidence in support of

the CINA petition and shall have the burden of proving the

allegations in the petition by a preponderance of the evidence.

125

Any other person authorized by the court may present evidence in

support of the CINA petition.

Committee note: If the local department seeks to withdraw the

CINA petition over the objection of the child, the child may

elect to proceed on the CINA petition, in which event the child

shall become the petitioner for the purposes of this section.

See In re Najasha B., 409 Md. 20 (2009).

(d)

Adjudication; Findings; Adjudicatory Order

(1) Hearing Conducted by Magistrate

If the adjudicatory hearing was conducted by a

magistrate, the magistrate shall announce into the record at the

conclusion of the hearing the (A) findings of fact and

conclusions of law supporting the recommended adjudication, and

(B) a finding as required by Code, Courts Article, §3-816.1.

(2) Hearing Conducted by Judge

If the adjudicatory hearing was conducted by a judge,

the judge shall:

(A) prepare and file with the clerk an adjudicatory order

specifying the adjudication; and

(B) either announce and dictate into the record at the

conclusion of the hearing, or include in the adjudicatory order

or attached memorandum, (i) the findings of fact and conclusions

of law supporting the adjudication, and (ii) a finding as

required by Code, Courts Article, §3-816.1.

Source: This Rule is derived in part from former Rule 11-114

(2021) and is in part new.

126

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 200 – CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-214, as follows:

Rule 11-214. IDENTITY AND ADDRESS OF PARENTS

(a)

Duty of Court

At each hearing, the court, in accordance with Code,

Courts Article, §3-822, shall:

(1) Inquire into and make findings of fact on the record

regarding the identity and current address of each parent and

each child before the court; and

(2) Inform each parent of the parent’s obligation to notify

the court and the local department of all changes in that

parent’s address.

If disclosure of a parent’s address of

residence reasonably could affect the safety of the parent or

others who reside at that address, the court shall keep the

parent’s address confidential, direct the department to keep the

address confidential, and permit the parent to provide an

alternate address for service of documents.

(b)

Duty of Clerk

The clerk shall:

127

(1) Keep a listing of every address provided by a parent of

a child who is the subject of a CINA petition; and

(2) On request of a local department, disclose to the local

department all addresses listed by the parent within the

preceding 270 days.

Source:

This Rule is new.

128

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-215, as follows:

Rule 11-215.

(a)

INTERVENTION

Request to Intervene

Any person, other than a parent, may file and serve a

motion to intervene in a disposition, including a proceeding to

review, modify, or vacate a dispositional order, for the sole

purpose of seeking custody or guardianship of the respondent

child.

Unless the CINA petition is dismissed, the motion may be

filed at any time following adjudication.

It shall state the

grounds for intervention and be accompanied by a proposed

pleading setting forth the claim, and it may include a request

for a hearing.

(b)

Proceedings on Motion

(1) Preliminary Determination

A motion filed pursuant to section (a) shall be

presented immediately to the judge or magistrate in the

proceeding for a preliminary determination of whether it is a

proper filing seeking custody or guardianship of the respondent

child.

If the court finds that the movant is seeking custody or

129

guardianship of the respondent child, the court shall issue an

order directing the clerk to provide to the movant (A) the name

and address of the parties or any alternate address for service

that was provided pursuant to Rule 11-214 (a)(2) and (B) the

name and address of the attorneys representing the parties to

enable the movant to effectuate service.

(2) Hearing; Decision

The court shall not decide a motion to intervene until:

(A) the adjudicatory hearing has been concluded; and

(B) if a hearing was requested, after a hearing on the

nonparty’s right to intervene.

(3) Effect of Granting Motion

If the court grants the motion, the pleading

accompanying the motion shall be deemed filed, and the person

permitted to intervene shall be designated as “intervenor” for

the purpose of seeking custody or guardianship of the respondent

child.

The intervenor:

(A) shall not be deemed a party for purposes of any right

to counsel at State expense under Rule 11-207; and

(B) may receive, upon request and by court order, only

those studies and reports that directly relate to the

intervenor’s petition for custody or guardianship of the

respondent child.

Cross reference:

See the Committee note to Rule 11-212 (c).

130

(c)

Termination of Intervention

Unless the court orders otherwise, intervention

terminates when an intervenor:

(1) is denied custody or guardianship of the respondent

child; or

(2) was granted custody or guardianship of the child and the

court subsequently rescinds that custody or guardianship.

Source:

This Rule is derived from former Rule 11-122 (2021).

131

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-216, as follows:

Rule 11-216.

(a)

DISPOSITION HEARING AND ORDER

Generally

Unless a CINA petition is dismissed, the court shall:

(1) determine promptly any pending motion to intervene; and

(2) conduct a separate disposition hearing to determine

whether the respondent child is a child in need of assistance as

defined in Code, Courts Article, §3-801 (f).

(b)

Scheduling

(1) The disposition hearing shall be held on the same day as

the adjudicatory hearing unless the court, on motion of a party

or on its own initiative, finds good cause for a postponement.

(2) If the court postpones the disposition hearing, it shall

be held no later than 30 days after the conclusion of the

adjudicatory hearing, unless the court finds good cause for a

further delay.

(c)

Purpose of Hearing

The purpose of a disposition hearing is to determine:

(1) whether the child is in need of assistance; and

132

(2) if so, the nature and extent of the court’s intervention

necessary to protect the child’s health, safety, and well-being.

Cross reference:

(d)

See Code, Courts Article, §3-801 (m).

Possible Dispositions

The court shall make one of the following dispositions:

(1) find that the child is not in need of assistance and,

subject to entering an order of custody pursuant to Code, Courts

Article, §3-819 (e), dismiss the petition;

(2) hold in abeyance a finding whether a child with a

developmental disability or mental illness is a child in need of

assistance and take an action provided for in Code, Courts

Article, §3-819 (b)(1)(ii); or

(3) find that the child is in need of assistance and take

one or more of the actions provided for in Code, Courts Article,

§3-819 or §3-819.2, as appropriate.

(e)

Inpatient Commitment to Certain Facilities

(1) Order for Evaluation

If the court has reason to believe that a child should

be placed for inpatient care or treatment in a psychiatric

facility or facility for developmentally disabled persons and

has not already received a current evaluation report pursuant to

Rule 11-210, it shall order that the child be evaluated pursuant

to that Rule.

The order shall require the agency conducting the

evaluation to submit a written report setting forth:

133

(A) the extent to which the standard for commitment set

forth in Code, Courts Article, §3-819 (h) or (i) is met;

(B) the basis for that finding; and

(2) Conduct of Evaluation

(A) The evaluation shall be conducted on an outpatient

basis unless, considering the child’s condition, that is not

feasible.

(B) If an inpatient evaluation is necessary, the court may

authorize the admission of the child to a facility for a period

not to exceed 21 days unless, for good cause, the court extends

that time.

(3) Limitations on Commitment

The court may not commit a child for inpatient care and

treatment in a psychiatric facility or a facility for

developmentally disabled persons unless the court finds by clear

and convincing evidence that the standards set forth in Code,

Courts Article, §3-819 (h) or (i) are met.

(4) Commitment for Inpatient Care and Treatment

Each order that commits a child for inpatient care and

treatment in a psychiatric facility or facility for

developmentally disabled persons shall require the custodian to

file progress reports with the court at intervals no greater

than every six months during the life of the order.

134

Cross reference: See Rule 11-218 requiring periodic review

hearings based on progress reports.

(f)

Statement of Reasons

(1) By a Judge

If the disposition hearing is conducted by a judge and

the disposition order includes placement of the child outside

the child’s home, the judge shall announce and dictate into the

record a statement of the reasons for the placement.

(2) By a Magistrate

If the disposition hearing is conducted by a magistrate,

the magistrate shall comply with Rule 11-103 (c).

(3) Reasonable Efforts Finding

The court shall make a finding as required by Code,

Courts Article, §3-816.1.

Source:

This Rule is derived from former Rule 11-115 (2021).

135

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-217, as follows:

Rule 11-217.

(a)

WAIVER OF REUNIFICATION EFFORTS

Generally

A local department may ask the court to find that

reasonable efforts to reunify a child with the child’s parent or

guardian are not required if the local department concludes that

a condition listed in Code, Courts Article, §3-812 (b) exists.

(b)

Timing

A request under section (a) of this Rule may be made in a

petition filed pursuant to Rule 11-205 or by motion served on

the parties any time after the filing of the initial petition.

The court may not rule on the request unless the child is found

to be in need of assistance at a disposition hearing held

pursuant to Rule 11-216.

(c)

Hearing

If the court finds by clear and convincing evidence after

a hearing that any of the circumstances specified in Code,

Courts Article, §3-812 (b) exist, the court shall waive the

136

requirement that reasonable efforts be made to reunify the child

with the child's parent or guardian.

(d)

Request for Permanency Hearing

If the court finds that reasonable efforts are not

required, the local department shall request that a permanency

planning hearing be held pursuant to Rule 11-218 (e), make

reasonable efforts to place the child in a timely manner in

accordance with the permanency plan, and complete the steps

necessary to finalize the permanent placement of the child.

Cross reference:

Source:

See Code, Courts Article, §3-812.

This Rule is new.

137

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-218, as follows:

Rule 11-218.

(a)

MODIFICATION OR VACATION OF ORDER

Authority

(1) Generally

Except as otherwise provided in paragraph (2) of this

section, an order of the court entered in a CINA proceeding may

be modified or vacated if the court finds that action to be in

the best interest of the child.

(2) Limitations

If another Rule in this Chapter or in Code, Courts

Article, Title 3, Subtitle 8 provides a limitation on the

general authority set forth in this section, or a standard or

procedure that is different from or additional to the provisions

of this Rule, that limitation, standard, or procedure shall

prevail.

Committee note: Various provisions in Code, Courts Article,

Title 3, Subtitle 8, mostly dealing with disposition and postdisposition orders, provide certain substantive standards,

limitations, and procedures, including the extent to which the

Rules in Title 5 shall strictly apply, that may differ from or

supplement the general provisions in this Rule. See, in

particular, §§3-819.2, 3-802, and 3-823. Some of those

138

provisions are incorporated into other Rules in this Chapter.

To the extent of any inconsistency between those provisions and

this Rule, those provisions, to the extent applicable, shall

prevail.

(b)

On Motion, Petition, or Own Initiative

(1) Generally

The court may proceed under this Rule on motion of a

party, on petition of any other person, institution, or agency

having supervision or custody of a respondent child, or on its

own initiative.

(2) Motion; Petition

A motion or petition shall set forth concisely and with

particularity the relief sought and the grounds for that relief.

(3) Own Initiative

If the court proceeds on its own initiative, the order

shall set forth the grounds on which it is based.

(c)

Hearing

If the relief sought is a change in the custody,

guardianship, visitation, or commitment of a respondent child

and a hearing is requested, a hearing shall be held.

In all

other cases, the court may grant or deny the requested relief,

in whole or in part, without a hearing.

(d)

Time to Appeal

139

A motion filed pursuant to this Rule, if filed within 10

days of the entry of an order, shall act as a stay on the time

for filing an appeal.

Source: This Rule is derived in part from former Rule 11-116

(2021) and is in part new.

140

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-219, as follows:

Rule 11-219.

POST DISPOSITION REVIEW AND MODIFICATION;

PERMANENCY PLANS

(a)

Status Review

(1) Generally

Except as provided in subsection (a)(2) of this Rule,

the court shall conduct a hearing to review the status of a

child under its jurisdiction within six months after the filing

of the first petition under this subtitle and at least every six

months thereafter.

(2) Qualified Residential Treatment Program

If a child has been placed in a qualified residential

treatment program, the court shall conduct a hearing to review

the status of the child and determine the appropriateness of the

placement within 60 days after the child enters the placement.

Cross reference: See Code, Courts Article, §3-816.2 regarding

considerations at a review hearing under this section.

(b)

Review of Custody and Guardianship

141

After granting custody or guardianship of a child to an

individual pursuant to Code, Courts Article, §3-819.2, the court

may order such further reviews as it determines to be in the

child’s best interests, consistent with Code, Courts Article,

§3-823 (h).

(c)

Review of Commitment to Certain Facilities

(1) In General

If a child has been committed for inpatient care and

treatment in a psychiatric facility or facility for

developmentally disabled individuals pursuant to Code, Courts

Article, §3-819 (h) or (i), the court, on request of any party,

the child’s custodian, or the facility, shall hold a hearing

after the first six months of the commitment and at six month

intervals thereafter to determine whether the standards

specified in those sections of the Code continue to exist.

The

court may hold a hearing at any other time for that purpose.

(2) Other Hearings Based on Individualized Treatment Plans

If an individualized treatment plan developed under

Code, Health-General Article, §7-1006 or §10-706 recommends that

a child no longer meets the requirements of Code, Courts

Article, §3-819 (h) or (i), as applicable, the court shall hold

a hearing to review the commitment order.

(d)

Removal of Child from Court-Ordered Placement

(1) Emergency Hearing

142

(A) If, after or as part of a CINA disposition, the court

orders a specific placement of the child and the local

department, acting pursuant to Code, Courts Article, §3-820 (a),

removes the child from that placement, gives the notice required

by §3-820 (b), and files a motion to authorize a new placement,

the court shall hold an emergency review hearing on the motion

not later than the next day after the motion is filed.

(B) All parties shall be given reasonable notice of the

hearing.

such evidence as would suffice under Code, Courts Article, §3815 (d) to order shelter care.

(2) Hearing on the Merits

Unless all parties agree to the order entered following

an emergency hearing, the court, at that hearing, shall schedule

a full review hearing on the merits of the local department’s

action to be held within 30 days after the date of removal or,

if agreed to by the parties or for good cause shown, at a later

date.

(e)

Permanency Plan Hearings

(1) Determination of Permanency Plan

If the court has ordered an out-of-home placement, as

defined in Code, Family Law Article, §5-501 (i), it shall,

within the times set forth in Code, Courts Article, §3-823 (b)

143

or (c), hold a hearing to determine a permanency plan for the

child.

At that hearing, the court shall determine the child’s

permanency plan in accordance with Code, Courts Article, §3-823

(e), (f), and (g) and make findings in accordance with Code,

Courts Article, §3-816.2 (a)(2).

(2) Periodic Reviews

(A) Once a permanency plan has been approved pursuant to

subsection (e)(1) of this Rule, the court shall hold periodic

hearings at the times set forth in Code, Courts Article, §3-823

(h)(1) to review the current plan.

Committee note: Federal law requires the court to continue to

conduct a hearing to review the status of each child under its

jurisdiction at least every six months. At that hearing, the

court must make the findings required by Code, Courts Article,

§3-816.2 (a)(2). See 42 U.S.C. §675 (5)(B).

(B) Notice of the hearing and an opportunity to be heard

shall be provided to the parties and other individuals as

required by Code, Courts Article, §3-816.3.

Cross reference: See Code, Courts Article, §3-816.3 for notice

to the child’s foster parent, preadoptive parent, or caregiver.

written report of a local out-of-home care review board required

under Code, Family Law Article, §5-545 and make the

determinations and take the actions required by Code, Courts

Article, §3-823 (h)(2) and make the findings required by Code,

Courts Article, §3-816.2 (a)(2).

144

(D) At least every 12 months, the court, at a review

hearing, shall consult on the record with the child, in an ageappropriate manner.

If the court determines that the child is

medically fragile or that it would be detrimental to the child’s

physical or mental health to be transported to the place where

the consultation would occur, the consultation may occur

remotely pursuant to Code, Courts Article, §3-823 (j)(3) and

Rules 2-801 through 2-806.

(3) Reasonable Efforts Finding

At each hearing under this section, the court shall make

a finding as required by Code, Courts Article, §3-816.1.

Source: This Rule is derived in part from former Rule 11-115 c

(2021) and is in part new.

145

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 200 – CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-220, as follows:

Rule 11-220.

(a)

TERMINATION OF PROCEEDING

Termination of Jurisdiction

(1) Generally

Except as provided in subsection (a)(2), upon

termination of the court’s jurisdiction over the respondent

child, the court shall enter a final order terminating the

proceeding.

Cross reference: See Code, Courts Article, §3-804 (b),

providing that jurisdiction over a CINA continues until the

child is age 21 years, unless the court terminates the case

sooner.

(2) Limited Retention of Jurisdiction

If the court enters an order directing the provision of

services to a child under Code, Courts Article, §3-819 (c)(3) or

§3-823 (h)(2)(vii), the court retains jurisdiction for the

limited purpose of enforcement, modification, or termination of

the order.

Cross reference: See Code, Courts Article, §§3-804 (d) and 3823 (k) and In re Adoption/Guardianship Dustin R., 445 Md. 536

(2015) for continuing jurisdiction over a CINA.

146

(b)

Prior to Termination of Jurisdiction

Upon a finding of good cause, the court may enter a final

order terminating the proceeding prior to expiration of the

court’s jurisdiction by operation of law (1) on the court’s own

initiative, (2) on motion of a party, or (3) on the

recommendation of an appropriate governmental agency exercising

supervision over the respondent.

Cross reference: See In re Emileigh F., 355 Md. 198 (1999) and

In re Joseph N., 407 Md. 278 (2009) precluding the court from

terminating the proceeding while an appeal from its decision is

pending.

Source:

This Rule is derived from former Rule 11-120 (2021).

147

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE FORMS

FORM

ADD new Form 11-206, as follows:

FORM 11-206.

NOTICE INCLUDED IN CINA SUMMONS

TO THE PERSON SUMMONED:

The Court, at this or any later

hearing, may consider and enter orders concerning the shelter

care, commitment, custody, treatment, and supervision of the

respondent child

_________________________(full name of child);

responsibility for the child’s support; controlling the conduct

of persons before the court; and assessing court costs.

You may hire a lawyer to represent you.

sure to show this Summons to the lawyer.

If you do so, be

If you cannot afford a

lawyer, promptly contact the Office of the Public Defender on

any weekday between 8:30 a.m. and 4:30 p.m. at:

___________________________________.

A postponement will not

be granted because you fail to contact a lawyer.

If you do not want a lawyer but wish to subpoena witnesses

on your behalf, you must request promptly issuance of the

subpoenas.

A postponement will not be granted if you fail to do

so.

148

If you received a Request for Witness Subpoena Form with

this Summons, you must list neatly the names and addresses of

the witnesses you wish to call on the form and return promptly

the form to the Clerk of the Juvenile Court at the address shown

on the form.

If you did not receive a Request for Witness Form, you must

contact promptly the Clerk of the Juvenile Court on any weekday

between 8:30 a.m. and 4:30 p.m. at ___________________

(telephone number), who will provide you with the necessary

subpoena forms.

Any reasonable accommodation for persons with a disability

must be requested by contacting the court before the hearing.

149

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

TABLE OF CONTENTS

Rule 11-301.

APPLICABILITY

Rule 11-302.

DEFINITIONS

(a) Statutory Definitions

(b) Additional Definitions

(1) CINA

(2) Local Department

Rule 11-303.

APPLICATION OF OTHER TITLES

Rule 11-304.

PETITION FOR GUARDIANSHIP

(a) Who May File

(b) Where Filed

(d) New Case

(e) Caption

(f) Contents

(g) Attachments

(h) Unknown Facts; Unavailable Documents

(i) Facts Known to Local Department

Rule 11-305.

NOTICE OF FILING; STATUS CONFERENCE

(a) Notice Requirement

(b) Parental Address

Rule 11-306.

ORDER TO SHOW CAUSE

(a) Issuance

(b) Translation

(1) Generally

150

(2) Method of Service

Rule 11-307.

NOTICE OF OBJECTION

(a) In General

(b) Time for Filing

(d) Service

(e) Response

(f) Hearing

(g) Access to Records

Rule 11-308.

ATTORNEY FOR PARENT AND CHILD; GUARDIAN AD LITEM

(a) Right to Attorney

(b) Appointed Attorney for Parent

(d) Dual Representation

(e) Compensation

(f) Guardian Ad Litem

Rule 11-309.

AFFIRMATIVE CONSENT BY PARENT TO GUARDIANSHIP

(a) Generally

(b) Form and Content

(d) Filing of Consent

(1) Consent Obtained Before Guardianship Petition

Filed

(2) Consent Obtained After Guardianship Petition Filed

(e) Revocation of Consent

(1) Generally

(2) Method of Revocation

(3) Hearing

(f) Non-fulfillment of Conditional Consent or Acquiescence

Rule 11-310.

INVESTIGATION

Rule 11-311.

CONSOLIDATION

Rule 11-312.

HEARING – GUARDIANSHIP PETITION

(a) When Hearing is Discretionary

151

(b) When Hearing is Required

(d) Judge to Preside

Rule 11-313.

TIME LIMIT ON RULING

(a) Earliest Time

(b) Latest Time

Rule 11-314.

GRANT OF GUARDIANSHIP

(a) Generally

(b) With Consent

(1) Generally

(2) Required Considerations and Findings

(3) When Consideration of Criteria Excused

Rule 11-315.

GUARDIANSHIP ORDER

(a) Separate Order

(b) Order Accompanying Denial of Guardianship

(d) Copies of Order

(e) Effects of Order for Guardianship

Rule 11-316.

GUARDIANSHIP REVIEW HEARINGS

(a) Timing

(b) Purpose

(d) Right of Parent and Caregiver at Hearing

(e) Duty of Local Department

(f) Duty and Authority of Court

(g) Removal of Child from Court-Ordered Placement

(1) Emergency Review Hearing

(2) Hearing on the Merits of the Department’s Action

(h) Annual Consultation

Rule 11-317.

FAILED CONDITIONAL CONSENT

(a) Notice

(b) Hearing

152

Rule 11-318.

TERMINATION OF GUARDIANSHIP

(a) Local Department Guardianship

(b) Individual Guardian

(d) Child with Developmental Disability

(e) Closing Case

Rule 11-319.

COURT RECORDS

FORMS

Form 11-306.

ORDER TO SHOW CAUSE

Form 11-307.

NOTICE OF OBJECTION/REQUEST FOR ATTORNEY

Form 11-309.

CONSENT BY PARENT TO GUARDIANSHIP

153

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-301, as follows:

Rule 11-301.

APPLICABILITY

The Rules in this Chapter apply to:

(a)

Guardianship proceedings in a juvenile court to terminate

parental rights after a child has been found to be a child in

need of assistance; and

(b)

Guardianship review proceedings in a juvenile court after

the entry of an order of guardianship that terminated parental

rights.

Cross reference: See Code, Courts Article, §3-803 (a)(4) and

(5) and Code, Family Law Article, Title 5, Subtitle 3, Part II.

Committee note: The Rules in this Chapter do not apply to (1)

the guardianship of persons and property of minors and disabled

persons governed by Code, Estates and Trusts Article, §13-101 et

seq. and Title 10 of these Rules, (2) termination of parental

rights proceedings governed by Code, Family Law Article, Title

5, Subtitle 14, and Title 9, Chapter 400 of these Rules, or (3)

adoption proceedings after entry of an order of guardianship

that terminated parental rights governed by Code, Family Law

Article, Title 5, Subtitle 3, Part IV.

Source:

This Rule is new.

154

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-302, as follows:

Rule 11-302.

DEFINITIONS

The following definitions apply in this Chapter:

(a)

Statutory Definitions

The definitions in Code, Family Law Article, §5-301 are

applicable to this Chapter.

Cross reference: See Code, Family Law Article, §5-301 for

definitions of “caregiver,” “child,” “developmental disability,”

“guardianship,” “identifying information,” “parent,” and

“party.”

(b)

Additional Definitions

In this Chapter:

(1) CINA

“CINA” means a child in need of assistance under Chapter

200 of these Rules.

(2) Local Department

“Local department” means the local department of social

services for the county in which the court is located.

Montgomery County, “local department” means the Department of

Health and Human Services.

155

Cross reference:

301.

Source:

See Code, Courts Article, §§3-801 (p) and 5-

This Rule is new.

156

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-303, as follows:

Rule 11-303.

APPLICATION OF OTHER TITLES

The Rules in Titles 1, 2, and 5 apply to proceedings under

this Chapter except as otherwise provided by law.

Source: This Rule is derived in part from former Rule 11-501

157

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-304, as follows:

Rule 11-304.

(a)

PETITION FOR GUARDIANSHIP

Who May File

A petition for guardianship may be filed only by:

(1) a local department;

(2) the child who would be the subject of the guardianship;

(3) an attorney appointed for a child in a CINA action.

(b)

Where Filed

A petition for guardianship shall be filed in the

juvenile court for the county in which:

(1) the child who is the subject of the petition was

adjudicated to be a CINA; or

(2) jurisdiction is maintained over an open CINA proceeding

involving the child.

(c)

Timing

The petition shall be filed before:

(1) the child attains 18 years of age; and

(2) a petition for adoption is filed, except as provided by

158

Code, Family Law Article, §5-331.

(d)

New Case

The petition shall be filed as a new action that is

separate from any other proceeding involving the child.

(e)

Caption

The petition shall be captioned “In re Guardianship of

(first name and first initial of last name of the child).”

(f)

Contents

The petition shall be signed and verified and shall

state, to the extent known:

(1) whether the petitioner is the local department, the

child, or the attorney appointed for a child in a CINA action;

(2) the name and address of the local department;

(3) the name, sex, and date of birth of the child;

(4) the basis of the court’s jurisdiction;

(5) the name of the court and the case number of each

proceeding in which the child was adjudicated a CINA or in which

the child is currently alleged to be a CINA;

(6) the name and address of the child’s last attorney of

record in the CINA proceeding;

(7) the name, address, and age of each living parent of the

child;

(8) the name and address of each living parent’s last

attorney of record in the CINA proceeding;

159

(9) the names and addresses of all persons, other than a

foster parent who cared for the child while the child was

committed to the custody of a child placement agency, who have

had legal or physical care, custody, or control of the child

since the child’s birth and the period during which each of

those persons had such care, custody, or control;

(10) facts known to the petitioner that may indicate that a

party:

(A) has a disability that makes the party incapable of

consenting to the guardianship petition or participating

effectively in the proceedings or, if no such facts are known to

the petitioner, a statement to that effect;

(B) by virtue of illiteracy or unfamiliarity with the

English language, may be unable to read or comprehend the

petition and the show cause order issued pursuant to Rule 11-306

and, if the problem is unfamiliarity with the English language,

(i) a statement of which language(s) the party does understand,

and (ii) a statement that a copy of the petition and all

attachments intended for service on that party have been

translated into a language that the party understands; or

attorney by the court;

(11) whether any required consent that is given is

conditional and the terms of any conditional consent; and

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(12) whether any required consent that was given has been

revoked.

(g)

Attachments

The petitioner shall attach as exhibits to the petition:

(1) all written consents for the guardianship in the

possession or control of the petitioner;

(2) if applicable, proof of guardianship or relinquishment

of parental rights granted by an administrative, executive, or

judicial body of a State or other jurisdiction and a

certification that the guardianship or relinquishment was

granted in compliance with the laws of that State or

jurisdiction;

(3) if a parent of the child cannot be identified or

located, an affidavit of the petitioner describing with

particularity the attempts made to identify and locate the

unknown or missing parent;

(4) any post-adoption agreement; and

(5) a notice of filing that:

(A) states the date on which the petition was filed;

(B) identifies each person whose consent was filed with

the petition;

Department of Human Services maintains under Code, Human

Services Article, §2-302; and

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(D) includes no identifying information that would be in

violation of an agreement or consent.

(h)

Unknown Facts; Unavailable Documents

(1) If a fact required to be stated by section (f) of this

Rule is unknown to the petitioner or a document required to be

attached by section (g) is unavailable, the petitioner shall so

state and give the reason in the petition or in a subsequent

affidavit.

(2) If the document becomes available after the petition is

filed, the petitioner shall file it as soon as it becomes

available.

(i)

Facts Known to Local Department

If the petitioner is the child or the attorney for the

child and the local department declines to disclose to the

petitioner a fact required by section (f) of this Rule which is

known to the local department, the local department shall

disclose the fact to the court in writing at the time the

petition is filed.

Source: This Rule was derived in part from Rule 9-103 and is in

part new.

162

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-305, as follows:

Rule 11-305.

(a)

NOTICE OF FILING; STATUS CONFERENCE

Notice Requirement

Within five days after a petition for guardianship is

filed, the clerk shall send, by first class mail, a copy of the

petition and the notice of filing that was attached to the

petition to:

(1) the local department;

(2) each of the child’s living parents who has not waived

the right to notice;

(3) each living parent’s last attorney of record in the CINA

case; and

(4) the child’s last attorney of record in the CINA case.

(b)

Parental Address

(1) The clerk shall keep a listing of each address given to

the court for a parent.

(2) The notice to each living parent shall be sent to the

parent’s last address known to the court.

(c)

Status Conference

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At the time the notice of filing is sent, the court shall

schedule a status conference for no later than 60 days after the

filing of the petition and shall include the date, time, and

place of that conference with the notice of filing.

At the

status conference, the court shall inquire into the existence of

any revocations of consent not disclosed in the guardianship

petition.

Committee note: A consent obtained prior to the filing of a

guardianship petition is filed in the child’s CINA case. See

Code, Family Law Article, §5-321 (b). A revocation of consent

delivered before the guardianship petition is docketed in the

child’s CINA case under Rule 11-309 (e)(2)(B).

Source:

This Rule is derived from Rule 9-104.

164

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-306, as follows:

Rule 11-306.

(a)

ORDER TO SHOW CAUSE

Issuance

Promptly after the filing of a petition for guardianship

under Rule 11-304, the court shall issue a show cause order in

substantial conformity with the form set forth in Form 11-306 at

the end of this Chapter.

(b)

Translation

If the petition alleges or the court otherwise becomes

aware that, due to unfamiliarity with the English language, a

party may be unable to read or comprehend the petition, the show

cause order, the Notice of Objection, or the Affirmative Consent

forms required to be served on the party, the court shall direct

the petitioner (1) to draft and serve those documents in English

and in a language that the party can understand, or (2)

otherwise arrange for the documents to be translated for the

party by a certified interpreter or translator.

Cross reference: See Rule 1-333 regarding certified

interpreters and Rule 11-112 regarding papers in a foreign

language.

165

(c)

Service

(1) Generally

The petitioner shall serve the show cause order,

together with the petition, two copies of the Notice of

Objection/Request for Attorney form set forth in Form 11-307

containing the case caption and court address but otherwise

blank, and any completed Consent by Parent to Guardianship forms

set forth in Form 11-309 on:

(A) each of the child’s living parents who has not

consented to the guardianship;

(B) each living parent’s last attorney of record in the

CINA case; and

(2) Method of Service

Service shall be made in the manner specified in Code,

Family Law Article, §5-316 (c) through (f).

Source:

This Rule is derived from Rule 9-105.

166

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-307, as follows:

Rule 11-307.

(a)

NOTICE OF OBJECTION

In General

Any person having the right to participate in a

proceeding under this Chapter may file a notice of objection to

the petition for guardianship.

The notice shall be

substantially in compliance with Form 11-307 at the end of this

Chapter.

(b)

Time for Filing

(1) An objection shall be filed:

(A) if the show cause order was served in Maryland, within

30 days after service;

(B) if the show cause order was served outside Maryland

but within the United States, within 60 days after service;

States, within 90 days after service; or

(D) if the show cause order was served by publication

pursuant to Code, Family Law Article, §5-316 (f), not less than

30 days after the later of (i) the last date that the notice was

167

published in the newspaper, or (ii) the last day that the notice

was posted on the Department of Human Services website.

(2) Subject to subsection (b)(3), if a notice of objection

is not filed within the time specified in this section, the

party will be deemed to have consented to the guardianship.

Cross reference: See In re Adoption No. T00130003, 370 Md. 250

(2002) and In re Adoption No. 93321055, 344 Md. 458 (1997) for

the effect of the failure to file a notice of objection within

the time specified.

(3) In the event of a late-filed objection, the court may

deem the filing timely for good cause shown.

(c)

Contents

An objection shall be substantially in the form set forth

in Form 11-307 and may include a request for an attorney as

provided in that form.

(d)

Service

The clerk shall serve a copy of each notice of objection

on all parties in the manner provided by Rule 1-321.

(e)

Response

Within 10 days after being served with a notice of

objection, any party may file a response challenging the

standing of the person to file the notice or the timeliness of

the filing of the notice.

(f)

Hearing

If any party files a timely response, the court shall

168

hold a hearing promptly on the issues raised in the response.

(g)

Access to Records

If the court determines that the person filing the notice

of objection has standing to do so and that the notice was

timely filed, it shall issue an order permitting the person to

inspect the papers filed in the proceeding, subject to

reasonable conditions imposed in the order.

Source:

This Rule is derived from Rule 9-107.

169

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-308, as follows:

Rule 11-308.

(a)

ATTORNEY FOR PARENT AND CHILD; GUARDIAN AD LITEM

Right to Attorney

Each parent and the child have a right to an attorney in

a proceeding under this Chapter.

(b)

Appointed Attorney for Parent

(1) Unless a parent will be represented by an attorney

retained by the parent or the Office of the Public Defender

provides representation under Code, Criminal Procedure Article,

§16-204, the court shall appoint an attorney to represent a

parent who files a timely notice of objection pursuant to Rule

11-307 and who:

(A) has a disability that makes the parent incapable of

effectively participating in the case; or

(B) is a minor.

Committee note: The Office of the Public Defender is required

to provide representation to indigent individuals in certain

proceedings. See Code, Criminal Procedure Article, §16-204.

(2) To determine whether a disability makes a parent

incapable of effectively participating in a case, the court, on

170

motion or its own initiative, may order an examination of the

parent.

(c)

Appointed Attorney for Child

The court shall appoint an attorney to represent the

child in accordance with Code, Family Law Article, §5-307 (b).

Ordinarily, if the child currently is represented by an attorney

in a pending CINA case and that attorney is under contract with

the Department of Human Services to provide services under this

section, the court shall appoint that attorney.

Committee note: When appointing an attorney for the child, the

court must consider the child’s best interests, and it may not

appoint an attorney who has a conflict of interest.

(d)

Dual Representation

An attorney or firm may represent more than one party in

a case but only to the extent permitted by the Maryland

Attorneys’ Rules of Professional Conduct.

Cross reference: See Maryland Attorneys’ Rules of Professional

Conduct 19-301.7 and 19-301.8.

(e)

Compensation

An attorney appointed under this Rule may be awarded

reasonable fees and costs, as approved by the court.

(f)

Guardian Ad Litem

If, on motion by the attorney for a parent or from other

compelling evidence, the court finds that (1) a parent, by

reason of physical, mental, or developmental disability, is and

171

will remain, for an indefinite period, unable to comprehend the

nature of the proceeding, read and understand the petition and

show cause order, and make a knowing and voluntary decision

whether to consent or file a timely notice of objection to the

guardianship, and (2) the parent does not already have a courtappointed guardian of the person authorized and willing to act

for the parent, the court shall appoint a guardian ad litem for

the parent.

After consultation with the attorney and such other

persons as the guardian ad litem deems appropriate, the guardian

ad litem may file a consent pursuant to Rule 11-309 or a notice

of objection pursuant to Rule 11-307 on behalf of the parent.

Source: This Rule is derived in part from Rule 9-106 and is in

part new.

172

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-309, as follows:

Rule 11-309.

(a)

AFFIRMATIVE CONSENT BY PARENT TO GUARDIANSHIP

Generally

A person whose consent is required may consent

affirmatively to a guardianship in accordance with this Rule.

An affirmative consent may be given before or after the filing

of a petition for guardianship.

(b)

Form and Content

A written affirmative consent shall be substantially in

the form set forth in Form 11-309.

An oral affirmative consent

shall be on the record before a judge and shall include a waiver

of the right to revoke the consent.

Cross reference:

(c)

See Code, Family Law Article, §5-321 (a)(2).

Conditions to Validity

(1) An affirmative consent by a parent is not valid unless:

(A) the consent is given in a language that the parent

understands;

(B) if consent is given in a language other than English,

it is given before a judge on the record or accompanied by an

173

affidavit of a qualified translator that sets forth the

translator’s qualifications and states that the translation of

the document of consent is accurate;

record before a judge of the provisions and rights set forth in

Code, Family Law Article, §5-321 (a)(3)(iii);

(D) if signed after an attorney has entered an appearance

for the parent, the consent is accompanied by an affidavit of

the attorney stating that the attorney has reviewed the consent

with the parent and that the consent is knowing and voluntary;

and

(E) if the parent is a minor or has a disability, the

consent is accompanied by an affidavit of an attorney appointed

under Code, Family Law Article, §5-307 (a) stating that the

consent of the parent is knowing and voluntary.

(2) The affidavit of the attorney required by subsections

(c)(1)(D) and (E) shall be in the form set forth in Form 11-309.

(d)

Filing of Consent

(1) Consent Obtained Before Guardianship Petition Filed

If a local department receives a consent to guardianship

before a guardianship petition is filed, the local department

promptly shall file the consent in the child’s CINA case and

serve a copy of it on (A) each living parent of the child, (B)

the parent’s last attorney of record in the CINA case, and (C)

174

the child’s last attorney of record in the CINA case.

(2) Consent Obtained After Guardianship Petition Filed

If a party obtains a consent to a guardianship after a

guardianship petition is filed, the party promptly shall file

the consent with the court in which the petition is pending and

serve a copy of it on each other party.

(e)

Revocation of Consent

(1) Generally

A parent may revoke a revocable affirmative consent to a

guardianship at any time within 30 days after the consent is

filed pursuant to section (d) of this Rule.

Committee note: A consent entered into before a judge on the

record shall include a waiver of a revocation period. See Code,

Family Law Article, §5-321 (a)(2).

(2) Method of Revocation

(A) Generally

Within the time allowed by subsection (e)(1) of this

Rule, a parent may revoke a revocable consent to a guardianship

only (i) on the record before a judge or (ii) by a signed

writing actually delivered by mail or in person to the clerk.

If the revocation is delivered to an agent of the local

department, the agent shall deliver the revocation promptly to

the court.

(B) Revocation Before Guardianship Petition Filed; Notice

If a revocable consent was filed pursuant to

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subsection (d)(1) of this Rule and a revocation is delivered

before a guardianship petition is filed, the revocation shall be

docketed in the child’s CINA case.

The court shall send to all

parties in the CINA proceeding, including the person who revoked

the consent, a copy of the revocation.

(3) Hearing

Upon receipt of a revocation, the court shall schedule

an immediate hearing to determine the status of the petition.

The clerk shall send to all parties, including the person who

revoked the consent, a copy of the revocation and notice of the

hearing.

(f)

Non-fulfillment of Conditional Consent or Acquiescence

Non-fulfillment of conditional consent or acquiescence is

governed by Rule 11-317.

Source:

This Rule is new.

176

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-310, as follows:

Rule 11-310.

INVESTIGATION

In addition to any investigation required by Code, Family

Law Article, §5-323 (c), the court may order a neutral person or

governmental unit to conduct any investigation that the court

considers necessary to determine the child’s best interests in

ruling on a petition for guardianship.

Cross reference:

See Code, Family Law Article, §5-317.

Source: This Rule is derived in part from Rule 9-106 and is in

part new.

177

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-311, as follows:

Rule 11-311.

CONSOLIDATION

A guardianship proceeding may be consolidated with or

severed from any other case pending in the juvenile court

involving the child, as justice may require.

Source:

This Rule is derived from former Rule 11-501 (2021).

178

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-312, as follows:

Rule 11-312.

(a)

HEARING – GUARDIANSHIP PETITION

When Hearing is Discretionary

A hearing on the merits of a guardianship petition may be

held but is not required if:

(1) the conditions set forth in Code, Family Law Article,

§5-320 (a)(1) are satisfied; and

(2) no party becomes aware and the court is not advised that

a condition of consent under Code, Family Law Article, §5-320

(b) may not be fulfilled.

(b)

When Hearing is Required

A hearing on the merits of a guardianship petition shall

be held:

(1) when required to determine paternity under Code, Family

Law Article, §5-306 (b)(2);

(2) when the case is proceeding under Code, Family Law

Article, §5-320 (a)(1) and a party becomes aware or the court is

advised that a condition of consent under Code, Family Law

Article, §5-320 (b) may not be fulfilled; or

179

(3) when the case is proceeding as a non-consensual

guardianship under Code, Family Law Article, §5-323 and the

court will be required to make a finding under Code, Family Law

Article, §5-320 (a)(2), in which event the hearing shall be a

trial on the merits of the petition.

(c)

Notice

The court shall give reasonable notice of any hearing

under this Rule to all parties.

(d)

Judge to Preside

All hearings under this Rule shall be before a judge.

Source:

This Rule is new.

180

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-313, as follows:

Rule 11-313.

(a)

TIME LIMIT ON RULING

Earliest Time

A court shall not enter an order for guardianship of a

child under this Chapter earlier than the later of (1) 30 days

after the birth of the child, (2) expiration of the time for

revocation of consent that has not been waived under Code,

Family Law Article, §5-321 (c), or (3) expiration of the time to

respond to a show cause order.

(b)

Latest Time

A court shall rule on a petition for guardianship:

(1) within 180 days after the petition is filed; and

(2) within 45 days after the earlier of (A) receipt of all

consents required under Code, Family Law Article, §§5-313

through 5-328, or (B) a trial on the merits.

Cross reference: See In re Adoption of Jayden G., 433 Md. 50

(2013) providing that the court’s failure to rule within 180

days does not mandate dismissal of a petition.

Source:

This Rule is new.

181

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-314, as follows:

Rule 11-314.

(a)

GRANT OF GUARDIANSHIP

Generally

A court may grant a petition for guardianship under this

Chapter only under the circumstances set forth in Code, Family

Law Article, §5-320 (a)(1) or (a)(2).

(b)

With Consent

If all required consents have been given in accordance

with Code, Family Law Article, §§5-313 through 5-328, and the

child has not filed a timely objection, the court may enter an

order for guardianship.

Within five days after entry of the

order, the court shall give the notices required by Code, Family

Law Article, §5-322 (b).

(c)

Without Consent

(1) Generally

(A) A court may grant a petition for guardianship without

the required consents or over the child’s objection only in

accordance with Code, Family Law Article, §5-323 and this Rule.

(B) A court shall not grant a petition for guardianship

182

without the required consents or over the child’s objection

unless, after complying with subsection (c)(2) of this Rule, it

finds by clear and convincing evidence that (i) the parent is

unfit to remain in a parental relationship with the child, or

(ii) exceptional circumstances exist that would make a

continuation of the parental relationship detrimental to the

child’s best interests such that terminating the rights of the

parent is in the child’s best interests.

(2) Required Considerations and Findings

(A) Except as provided in subsection (c)(3) of this Rule,

in making the findings required under subsection (c)(1)(B) of

this Rule, the court shall (i) consider the criteria set forth

in Code, Family Law Article, §5-323 (d), and (ii) make specific

findings as to each criterion, including findings as to how that

criterion affects a determination of a parent’s unfitness or the

existence of exceptional circumstances that would make a

continuation of the parental relationship detrimental to the

best interests of the chi

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