§ 5-3A-23. Guardianship review  


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  •    (a) Report. --

       (1) A child placement agency shall file a written report with a court with jurisdiction over a child whenever:

          (i) the child placement agency fails to place the child for adoption with a preadoptive parent, as defined in § 3-823(i)(1) of the Courts Article:

             1. within 270 days after being awarded guardianship; or

             2. within 180 days after permanently removing the child from another placement; or

          (ii) a court does not enter a final order of adoption within 2 years after the placement.

       (2) A report under this subsection shall state each reason for the delay in placement or adoption.

    (b) Notice. --

       (1) Whenever a child placement agency files a report under this section, the child placement agency shall mail notice of the child's status:

          (i) to each of the child's living parents who has not waived the right to notice and, if represented, counsel; and

          (ii) if a court appointed counsel for the child under this subtitle, to the child's last attorney of record.

       (2) A waiver of rights under this subsection is not valid unless the waiver appears expressly in:

          (i) the parent's consent to guardianship; and

          (ii) the guardianship order.

    (c) Hearing. --

       (1) Whenever a court receives a report under this section, the court shall hold a hearing to:

          (i) review the progress that the child placement agency has made toward adoption of the child; and

          (ii) take all actions that the court considers to be in the child's best interests.

       (2) Each year after a hearing under paragraph (1) of this subsection until the court's jurisdiction terminates, the court shall hold another review hearing.


HISTORY: 2005, ch. 464, § 3; 2006, ch. 365, § 2.