Rule 11-309 - AFFIRMATIVE CONSENT BY PARENT TO GUARDIANSHIP(a)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: See Code, Family Law Article, § 5-321(a)(2).
(c)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 affidavit of a qualified translator that sets forth the translator's qualifications and states that the translation of the document of consent is accurate;(C) the parent has received notice in writing or on the 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) 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. (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 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.Md. R. Juv. Causes 11-309
Source: This Rule is new.
Adopted Nov 9, 2021, eff. 1/1/2022.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).