# Family Law (GFL)

## Title 5. Children

### Subtitle 3. Guardianship to and Adoption Through Local Department

#### Section 5-324

(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 Sec. 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 Sec. 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 Sec. 5-326 of this subtitle.

  (2)

    (i) Except for emergency commitment in accordance with Sec. 10-617 of the Health - General Article or as expressly authorized by a juvenile court in accordance with the standards in Sec. 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 Sec. 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 Sec. 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.

---

Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)