§ 5-313. Petition  


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  •    (a) Required. -- Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.

    (b) Petitioner. -- Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.

    (c) Age limit. -- A petition for guardianship of an individual shall be filed before the individual attains 18 years of age.

    (d) Contents. -- A petitioner under this section shall attach to a petition:

       (1) all written consents for the guardianship that the petitioner has;

       (2) if applicable:

          (i) proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

          (ii) certification that the guardianship or relinquishment was granted in compliance with the jurisdiction's laws; and

       (3) a notice of filing that:

          (i) states the date on which the petition was filed;

          (ii) identifies each person whose consent was filed with the petition;

          (iii) states the obligation of a parent to give the juvenile court and local department notice of each change in the parent's address;

          (iv) has printed on it the website that the Department maintains under § 2-302 of the Human Services Article; and

          (v) includes no identifying information that would be in violation of an agreement or consent.


HISTORY: 2005, ch. 464, § 3; 2007, ch. 8, § 1.