Rule 11-215 - INTERVENTION(a)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 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).
(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.Md. R. Juv. Causes 11-215
Source: This Rule is derived from former Rule 11-122(2021).
Adopted Nov 9, 2021, eff. 1/1/2022.