§ 5–325
Statutes in effect as of October 1, 2026.
Md. Code Ann., Fam. Law § 5-325 (2026)
Title 5. Children
Subtitle 3. Guardianship to and Adoption Through Local Department
§ 5–325LinkCopy Citation
(a)
An order for guardianship of an individual:
(1)
except as otherwise provided in this subtitle, § 4-414 of the Estates and Trusts Article, and § 2-123 of the Real Property Article, terminates a parent’s duties, obligations, and rights toward the individual;
(2)
eliminates the need for a further consent by a parent to adoption of the individual;
(3)
grants a local department guardianship with the right to consent to the individual’s adoption or other planned permanent living arrangement; and
(4)
terminates the individual’s CINA case.
(b)
(1)
Unless a juvenile court gives legal custody to another person, a child’s guardian under this subtitle has legal custody.
(2)
(i)
Unless a juvenile court orders otherwise and subject to review by the juvenile court, a child’s guardian may make all decisions affecting the child’s education, health, and welfare, including consenting:
(1)
to adoption of the child;
(2)
to application by the child for a driver’s license;
(3)
to enlistment by the child in the armed forces;
(4)
to marriage of the child; and
(5)
subject to subparagraphs (ii) and (iii) of this paragraph, to medical, psychiatric, or surgical treatment.
(ii)
A child’s guardian:
(1)
may have the child admitted to an inpatient psychiatric facility in accordance with the standards for emergency commitment in § 10-617 of the Health - General Article for not more than 20 days;
(2)
except as provided in item 1 of this subparagraph, may not place the child in an inpatient psychiatric facility without express authorization of the juvenile court.
(iii)
(1)
A child’s guardian may not withhold or withdraw a life-sustaining procedure without the prior authorization of a juvenile court.
(2)
In deciding whether to grant authorization, a juvenile court shall apply the factors set forth in § 13-711(b) of the Estates and Trusts Article.
(3)
A local department shall notify a juvenile court, a child’s attorney, and the attorney for each other party who has not waived the right to notice:
(i)
within 2 business days after the child’s placement changes or the time required under § 5-326(b) of this subtitle, whichever is shorter;
(ii)
within 2 business days after the child is placed in a psychiatric facility; or
(iii)
within 2 business days after the child is absent from a placement for more than a week.
(4)
A local department shall give a child’s attorney the child’s new address and telephone number within 2 business days after the address or telephone number changes.