Public-domain · open source
OpenJurist

Md. Code Ann., Fam. Law § 5-324

(a) In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include:

(1) a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan;

(2) any order under Title 3, Subtitle 8 of the Courts Article in the child’s best interests; and

(3) a date, no later than 180 days after the date of the order, for the next review hearing under Title 3, Subtitle 8 of the Courts Article.

(b) (1) In a separate order accompanying an order granting guardianship of a child, a juvenile court:

(i) shall include a directive terminating the child’s CINA case;

(ii) consistent with the child’s best interests:

1. may place the child:

A. subject to paragraph (2) of this subsection, in a specific type of facility; or

B. with a specific individual;

2. may direct provision of services by a local department to:

A. the child; or

B. the child’s caregiver;

3. subject to a local department retaining legal guardianship, may award to a caregiver limited authority to make an emergency or ordinary decision as to the child’s care, education, mental or physical health, or welfare;

4. may allow access to a medical or other record of the child;

5. may allow visitation for the child with a specific individual;

6. may appoint, or continue the appointment of, a court–appointed special advocate for any purpose set forth under § 3–830 of the Courts Article;

7. shall direct the provision of any other service or taking of any other action as to the child’s education, health, and welfare, including:

A. for a child who is at least 16 years old, services needed to help the child’s transition from guardianship to independence; or

B. for a child with a developmental disability, services to obtain ongoing care, if any, needed after the guardianship case ends; and

8. may co–commit the child to the custody of the Maryland Department of Health and order the Maryland Department of Health to provide a plan for the child of clinically appropriate services in the least restrictive setting, in accordance with federal and State law;

(iii) if entered under § 5–322 of this subtitle, shall state each party’s response to the petition;

(iv) shall state a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan;

(v) shall state whether the child’s parent has waived the right to notice; and

(vi) shall set a date, no later than 180 days after the date of the order, for the initial guardianship review hearing under § 5–326 of this subtitle.

(2) (i) Except for emergency commitment in accordance with § 10–617 of the Health – General Article or as expressly authorized by a juvenile court in accordance with the standards in § 3–819(h) or (i) of the Courts Article, a child may not be committed or otherwise placed for inpatient care or treatment in a psychiatric facility or a facility for the developmentally disabled.

(ii) A juvenile court shall include in a commitment order under this paragraph a requirement that the guardian:

1. file a progress report with the juvenile court at least every 180 days; and

2. provide a copy of each report to each person entitled to notice of a review hearing under § 5–326 of this subtitle.

(iii) Every 180 days during a commitment or placement under this paragraph, a juvenile court shall hold a hearing to determine whether the standards in § 3–819(h) or (i) of the Courts Article continue to be met.

(c) A juvenile court shall send a copy of an order entered under this section to:

(1) each party or, if represented, counsel;

(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.

(d) An order directing the provision of services to a child with a developmental disability under subsection (b)(1)(ii)7B of this section is effective until:

(1) the child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and

(2) (i) the Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or

(ii) if the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.

Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.