Section 5-325 - Effects of order for guardianship. - Maryland Statutes

§ 5-325. Effects of order for guardianship.
 

(a)  Parent-child relationship.- An order for guardianship of an individual: 

(1) except as otherwise provided in this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent's duties, obligations, and rights toward the individual; 

(2) eliminates the need for a further consent by a parent to adoption of the individual; 

(3) grants a local department guardianship with the right to consent to the individual's adoption or other planned permanent living arrangement; and 

(4) terminates the individual's CINA case. 

(b)  Guardian.-  

(1) Unless a juvenile court gives legal custody to another person, a child's guardian under this subtitle has legal custody. 

(2) (i) Unless a juvenile court orders otherwise and subject to review by the juvenile court, a child's guardian may make all decisions affecting the child's education, health, and welfare, including consenting: 

1. to adoption of the child; 

2. to application by the child for a driver's license; 

3. to enlistment by the child in the armed forces; 

4. to marriage of the child; and 

5. subject to subparagraphs (ii) and (iii) of this paragraph, to medical, psychiatric, or surgical treatment. 

(ii) A child's guardian: 

1. may have the child admitted to an inpatient psychiatric facility in accordance with the standards for emergency commitment in § 10-617 of the Health - General Article for not more than 20 days; 

2. except as provided in item 1 of this subparagraph, may not place the child in an inpatient psychiatric facility without express authorization of the juvenile court. 

(iii) 1. A child's guardian may not withhold or withdraw a life-sustaining procedure without the prior authorization of a juvenile court. 

2. in deciding whether to grant authorization, a juvenile court shall apply the factors set forth in § 13-711(b) of the Estates and Trusts Article. 

(3) A local department shall notify a juvenile court, a child's attorney, and the attorney for each other party who has not waived the right to notice: 

(i) within 2 business days after the child's placement changes or the time required under § 5-326(b) of this subtitle, whichever is shorter; 

(ii) within 2 business days after the child is placed in a psychiatric facility; or 

(iii) within 2 business days after the child is absent from a placement for more than a week. 

(4) A local department shall give a child's attorney the child's new address and telephone number within 2 business days after the address or telephone number changes. 
 

[2005, ch. 464, § 3; 2006, ch. 365, § 2.]