Rule 11-314 - GRANT OF GUARDIANSHIP(a)Generally A court may grant a petition for guardianship under this Chapter only under the circumstances set forth in Code, Family Law Article, § 5-320(a)(1) or (a)(2). (b)With Consent If all required consents have been given in accordance with Code, Family Law Article, §§ 5-313 through 5-328, and the child has not filed a timely objection, the court may enter an order for guardianship. Within five days after entry of the order, the court shall give the notices required by Code, Family Law Article, § 5-322(b). (c)Without Consent(1)Generally(A) A court may grant a petition for guardianship without the required consents or over the child's objection only in accordance with Code, Family Law Article, § 5-323 and this Rule.(B) A court shall not grant a petition for guardianship without the required consents or over the child's objection unless, after complying with subsection (c)(2) of this Rule, it finds by clear and convincing evidence that (i) the parent is unfit to remain in a parental relationship with the child, or (ii) exceptional circumstances exist that would make a continuation of the parental relationship detrimental to the child's best interests such that terminating the rights of the parent is in the child's best interests. (2)Required Considerations and Findings(A) Except as provided in subsection (c)(3) of this Rule, in making the findings required under subsection (c)(1)(B) of this Rule, the court shall (i) consider the criteria set forth in Code, Family Law Article, § 5-323(d), and (ii) make specific findings as to each criterion, including findings as to how that criterion affects a determination of a parent's unfitness or the existence of exceptional circumstances that would make a continuation of the parental relationship detrimental to the best interests of the child. Cross reference: See In re Adoption/Guardianship of Alonza D. , 412 Md. 442 (2010).
(B) If the court finds that an act or circumstance set forth in Code, Family Law Article, § 5-323(d)(3)(iii), (iv), or (v) exists, the court shall make a specific finding, based on facts in the record, whether return of the child to a parent's custody poses an unacceptable risk to the child's future safety. (3)When Consideration of Criteria Excused(A) The court need not consider any of the criteria set forth in Code, Family Law Article, § 5-323(d) if, after a thorough investigation by a local department, the court finds that (i) the identities of the child's parents are unknown, and (ii) during the 60 days immediately after the child's adjudication as a CINA, no one has claimed to be the child's parent.(B) The court shall not consider any of the criteria set forth in Code, Family Law Article, § 5-323(d)(1) if it waives reunification efforts under Code, Courts Article, § 3-812(d).(C) The court may waive a local department's obligation to provide services described in Code, Family Law Article, § 5-323(d) (1) in accordance with Code, Family Law Article, § 5-323(e)(1) and (2).Md. R. Juv. Causes 11-314
Source: This Rule is new.
Adopted Nov 9, 2021, eff. 1/1/2022.