Maryland Statutes
Part II - Guardianship
Section 5-324 - Contents of Order

(a)    In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include:
        (1)    a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan;
        (2)    any order under Title 3, Subtitle 8 of the Courts Article in the child’s best interests; and
        (3)    a date, no later than 180 days after the date of the order, for the next review hearing under Title 3, Subtitle 8 of the Courts Article.
    (b)    (1)    In a separate order accompanying an order granting guardianship of a child, a juvenile court:
            (i)    shall include a directive terminating the child’s CINA case;
            (ii)    consistent with the child’s best interests:
                1.    may place the child:
                A.    subject to paragraph (2) of this subsection, in a specific type of facility; or
                B.    with a specific individual;
                2.    may direct provision of services by a local department to:
                A.    the child; or
                B.    the child’s caregiver;
                3.    subject to a local department retaining legal guardianship, may award to a caregiver limited authority to make an emergency or ordinary decision as to the child’s care, education, mental or physical health, or welfare;
                4.    may allow access to a medical or other record of the child;
                5.    may allow visitation for the child with a specific individual;
                6.    may appoint, or continue the appointment of, a court–appointed special advocate for any purpose set forth under § 3–830 of the Courts Article;
                7.    shall direct the provision of any other service or taking of any other action as to the child’s education, health, and welfare, including:
                A.    for a child who is at least 16 years old, services needed to help the child’s transition from guardianship to independence; or
                B.    for a child with a developmental disability, services to obtain ongoing care, if any, needed after the guardianship case ends; and
                8.    may co–commit the child to the custody of the Maryland Department of Health and order the Maryland Department of Health to provide a plan for the child of clinically appropriate services in the least restrictive setting, in accordance with federal and State law;
            (iii)    if entered under § 5–322 of this subtitle, shall state each party’s response to the petition;
            (iv)    shall state a specific factual finding on whether reasonable efforts have been made to finalize the child’s permanency plan;
            (v)    shall state whether the child’s parent has waived the right to notice; and
            (vi)    shall set a date, no later than 180 days after the date of the order, for the initial guardianship review hearing under § 5–326 of this subtitle.
        (2)    (i)    Except for emergency commitment in accordance with § 10–617 of the Health – General Article or as expressly authorized by a juvenile court in accordance with the standards in § 3–819(h) or (i) of the Courts Article, a child may not be committed or otherwise placed for inpatient care or treatment in a psychiatric facility or a facility for the developmentally disabled.
            (ii)    A juvenile court shall include in a commitment order under this paragraph a requirement that the guardian:
                1.    file a progress report with the juvenile court at least every 180 days; and
                2.    provide a copy of each report to each person entitled to notice of a review hearing under § 5–326 of this subtitle.
            (iii)    Every 180 days during a commitment or placement under this paragraph, a juvenile court shall hold a hearing to determine whether the standards in § 3–819(h) or (i) of the Courts Article continue to be met.
    (c)    A juvenile court shall send a copy of an order entered under this section to:
        (1)    each party or, if represented, counsel;
        (2)    each of the child’s living parents who has not waived the right to notice;
        (3)    each living parent’s last attorney of record in the CINA case; and
        (4)    the child’s last attorney of record in the CINA case.
    (d)    An order directing the provision of services to a child with a developmental disability under subsection (b)(1)(ii)7B of this section is effective until:
        (1)    the child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and
        (2)    (i)    the Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or
            (ii)    if the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.