Maryland Statutes
Part II - Guardianship
Section 5-321 - Consent

(a)    (1)    Consent of a parent to guardianship may include a waiver of the right to notice of:
            (i)    the filing of a petition under this subtitle; and
            (ii)    a hearing under this subtitle.
        (2)    Consent to guardianship entered into before a judge on the record shall include a waiver of a revocation period.
        (3)    Consent of a party to guardianship is not valid unless:
            (i)    the consent is given in a language that the party understands;
            (ii)    if given in a language other than English, the consent:
                1.    is given before a judge on the record; or
                2.    is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;
            (iii)    the party has received written notice or on–the–record notice before a judge of:
                1.    the revocation provisions in subsections (a)(2) and (c)(1) of this section;
                2.    the search rights of adoptees and parents under § 5–359 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and
                3.    the right to file a disclosure veto under § 5–359 of this subtitle;
            (iv)    if signed after counsel enters an appearance for a parent, the consent is accompanied by an affidavit of counsel stating that:
                1.    counsel reviewed the consent with the parent; and
                2.    the parent consents knowingly and voluntarily; and
            (v)    the consent is accompanied by an affidavit of counsel appointed under § 5–307(a) of this subtitle stating that a parent who is a minor or has a disability consents knowingly and voluntarily.
    (b)    (1)    Whenever a local department receives consent to guardianship of an individual before a guardianship petition is filed, the local department promptly shall:
            (i)    file the consent in the individual’s CINA case; and
            (ii)    serve a copy of the consent on:
                1.    each living parent of the individual;
                2.    the parent’s last attorney of record in the CINA case; and
                3.    the individual’s last attorney of record in the CINA case.
        (2)    Whenever a party obtains consent to guardianship after a guardianship petition is filed, the party promptly shall:
            (i)    file the consent with the juvenile court in which the petition is pending; and
            (ii)    serve a copy of the consent on each other party.
    (c)    (1)    Subject to paragraph (2) of this subsection, a person may revoke consent to guardianship any time within the later of:
            (i)    30 days after the person signs the consent; or
            (ii)    30 days after the consent is filed as required under this section.
        (2)    Consent to guardianship under subsection (a)(2) of this section is irrevocable.
    (d)    If, at any time before a juvenile court enters an order for adoption of a child, the juvenile court finds that a condition of consent to guardianship will not be fulfilled, the consent or acquiescence becomes invalid.

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