Rule 11-316 - GUARDIANSHIP REVIEW HEARINGS(a)Timing The court shall hold: (1) an initial guardianship review hearing scheduled in the order entered under Rule 11-315(c)(3) no later than 180 days after the date of the order; and(2) a guardianship review hearing at least once each year after the initial guardianship review hearing until the court's jurisdiction terminates. Cross reference: See Code, Family Law, § 5-324(b)(1)(vi).
(b)Purpose(1) The initial guardianship review hearing shall be held to establish a permanency plan for the child.(2) At each guardianship review hearing, the court shall determine whether: (A) the child's current circumstances and placement are in the child's best interests;(B) the permanency plan that is in effect is in the child's best interests; and (C) reasonable efforts have been made to finalize the permanency plan that is in effect. Cross reference: See Code, Courts Article, § 3-816.1 for the required findings related to reasonable efforts by the department.
(3) A child's permanency plan may be, in order of priority: (A) adoption of the child;(B) custody and guardianship of the child by an individual; or(C) for a child at least 16 years old, another planned permanent living arrangement that (i) addresses the individualized needs of the child, including the child's educational plan, emotional stability, physical placement, and socialization needs; and (ii) includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child's life.(c)Notice The court shall give at least 30 days' notice before each hearing under this section to the local department, the child's attorney, and each of the child's living parents who has not waived the right to notice and to that parent's attorney. The local department shall give at least seven days' notice of the hearing to the child's caregiver. (d)Right of Parent and Caregiver at Hearing(1) A parent is entitled to be heard and to participate at a guardianship review hearing but is not a party solely on the basis of the right to notice and to be heard and participate.(2) A caregiver is entitled to be heard at a guardianship review hearing but is not a party solely on the basis of the right to notice and to be heard.(e)Duty of Local Department At least 10 days prior to a review hearing, the local department shall comply with the requirements of Code, Family Law Article, § 5-326(a)(5). (f)Duty and Authority of Court(1) At each guardianship review hearing, the court shall comply with the requirements of Code, Family Law Article, § 5-326(a)(8) and Code, Courts Article, § 3-816.1.(2) The court may approve a permanency plan other than adoption only if the court finds that, for a compelling reason, adoption is not in the child's best interests.(3) At a guardianship review hearing held one year or more after the order for guardianship was entered, the court may designate an individual guardian of the child if the requirements of Code, Family Law Article, § 5-326(a)(10) are met.(g)Removal of Child from Court-Ordered Placement(1)Emergency Review Hearing(A)When Required If the court has ordered a specific placement for a child and the local department, acting pursuant to Code, Family Law Article, § 5-326(b)(1), removes the child from that placement, the court shall hold an emergency hearing on the change on the next day after the change. Cross reference: See Rule 11-102 for definition of "next day."
(B)Notice The court shall give reasonable notice of an emergency review hearing to (i) the child's attorney, (ii) the attorney for each other party, and (iii) each of the child's living parents who has not waived the right to notice and that parent's attorney. (C)Standard The standard of emergency review as to a change shall be the standard for continued shelter care in a hearing under Code, Courts Article, § 3-815. (2)Hearing on the Merits of the Department's Action Unless all parties agree to the order entered following an emergency hearing, the court, at that hearing, shall schedule a full review hearing on the merits of the local department's action, to be held within 30 days after the date of removal or, if agreed to by the parties, at a later date. (h)Annual Consultation At least every 12 months, at a hearing under this Rule, the court shall consult on the record with the child in an age- appropriate manner for the purposes and in the manner specified or allowed under Code, Family Law Article, § 5-326(c). Md. R. Juv. Causes 11-316
Source: This Rule is new.
Adopted Nov 9, 2021, eff. 1/1/2022.Committee note: An individual entitled to notice under Code, Family Law Article, § 5-326 is not a party, but may file a motion to intervene pursuant to Rule 2-215.
Committee note: This Rule deals only with the court proceedings. See Code, Family Law Article, § 5-326 for additional duties imposed on the local department.