Rule 9-403 - [Effective until 7/1/2024] Proceedings; Duty of Court(a) Parent's Right to Attorney.(1) Subject to subsections (a)(2) and (3) of this Rule, a parent in an action under the Rules in this Chapter has the right to the assistance of an attorney.(2) A parent is entitled to the assistance of an attorney at the expense of the Maryland Legal Services Corporation or to an attorney appointed by the court if the parent is indigent.(3) The court shall (A) refer an unrepresented indigent parent to a qualified grantee of the Maryland Legal Services Corporation for assignment of an attorney, or (B) appoint an attorney for the unrepresented indigent parent.(b) Scheduling Conference.(1) The court shall hold a scheduling conference within 60 days after service of the petition.(2) At the scheduling conference, the court: (A) shall determine whether there is a criminal action pending that involves the same underlying facts and, if so, whether further proceedings in the termination of parental rights action should be stayed until the criminal action is concluded.Cross reference: See Code, Family Law Article, § 5-1404(a)(2).
(B) shall advise the respondent that the respondent may refuse to testify or to offer evidence and that no adverse inference will be drawn from the respondent's refusal to testify or offer evidence;(C) after taking into consideration the best interest of the child, the time needed for discovery, and the interest of justice, shall issue a scheduling order; and(D) after providing the parents with an opportunity to be heard, may determine temporary custody of the child.(3) Failure to comply with subsection (b)(2)(A) is not grounds to overturn a finding made under these Rules.(c) Trial.(1)Time.(A) Subject to subsection (c)(1)(B), the court shall hold a trial on the termination of parental rights within 180 days after an answer to the petition is filed.(B) Unless both parents agree otherwise or the court finds that it is in the best interest of the child to proceed, if a criminal proceeding involving the same underlying facts is pending at the time an action under the Rules in this Chapter is filed or is commenced after the action is filed, the court may stay all further proceedings until the criminal proceeding is resolved.(2)Right of Respondent. In an action under the Rules in this Chapter, (A) a respondent may refuse to testify or offer evidence, and (B) no adverse inference may be drawn from that refusal.(d) Judgment.(1)When Parental Rights May Be Terminated. Subject to subsection (d)(2) of this Rule, the court may terminate the parental rights of a respondent if, after a trial, the court: (A) determines that the respondent was served pursuant to Rule 9-402(g);(B) (i) finds that the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child or (ii) finds by clear and convincing evidence that the respondent committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child; and(C) finds by clear and convincing evidence that it is in the best interest of the child to terminate the parental rights of the respondent.(2)When Parental Rights May Not Be Terminated. The court may not terminate parental rights under subsection (d)(1) of this Rule if the parents were married at the time of the conception of the child unless (A) the respondent was convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child, or (B) the parents were separated in accordance with a protective order during the time of the conception of the child and have remained separate and apart since the time of conception.(e) Effect of Judgment. A judgment terminating parental rights under this Rule terminates completely (1) the respondent's right to custody of, guardianship of, access to, visitation with, and inheritance from the child, and (2) the respondent's responsibility to support the child, including the responsibility to pay child support.Md. Fam. Law. Actions. 9-403
Adopted Dec. 4, 2018, eff. 1/1/2019; amended March 1, 2024, eff. 7/1/2024.