Section 5-104 - Interstate proceedings. - Maryland Statutes

§ 13.5-104. Interstate proceedings.  

(a)  Proceedings in Maryland.- In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to: 

(1) Hold an evidentiary hearing; 

(2) Order a person in the other state to produce or give evidence in accordance with procedures of that state; 

(3) Order that an evaluation or assessment be made of the respondent, or order an appropriate investigation of a person involved in a proceeding; 

(4) Forward to the court of this State a certified copy of the transcript or other record of a hearing under item (1) of this subsection or any other proceeding, evidence otherwise presented under item (2) of this subsection, and any evaluation or assessment prepared in compliance with a request under item (3) of this subsection; 

(5) Issue any other order necessary to ensure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and 

(6) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in the other state, including protected health information as defined in 45 C.F.R. § 164.504. 

(b)  Out-of-state Proceedings.- If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this State has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. 
 

[2010, chs. 256, 257.]