Rule 11-304 - PETITION FOR GUARDIANSHIP(a)Who May File A petition for guardianship may be filed only by: (2) the child who would be the subject of the guardianship; or(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 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;(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 (C) is otherwise entitled to the appointment of an attorney by the court;(11) whether any required consent that is given is conditional and the terms of any conditional consent; and(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;(C) has printed on it the website that the State Department of Human Services maintains under Code, Human Services Article, § 2-302; and(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. Md. R. Juv. Causes 11-304
Source: This Rule was derived in part from Rule 9-103 and is in part new.
Adopted Nov 9, 2021, eff. 1/1/2022.