§ 5-3A-24. Failed conditional consent during guardianship

   If a petitioner becomes aware, after a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:

   (1) file notice with the court;

   (2) give notice to all of the other parties;

   (3) if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and

   (4) (i) if the unit or person enters into a new consent, file the consent with the court;

      (ii) if the unit or person fails to enter into a new consent, ask the court to set aside the guardianship order; or

      (iii) if the unit or person cannot be located after exhaustion of the service requirements under § 5-3A-15 of this subtitle, ask the court to determine whether it is in the child's best interests to continue the guardianship despite the inability to fulfill the condition.

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