Rule 11-312 - HEARING- GUARDIANSHIP PETITION(a)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(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. Md. R. Juv. Causes 11-312
Source: This Rule is new.
Adopted Nov 9, 2021, eff. 1/1/2022.