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Rule 9-101 – Applicability; Definitions

May 13, 2021 | Family Law, Maryland

(a) Applicability. The Rules in this Chapter apply to proceedings under Code, Family Law Article, Title 5, Subtitles 3 (Guardianship to and Adoption through Local Department), 3A (Private Agency Guardianship and Adoption), and 3B (Independent Adoption).

Cross reference: See Chapter 400 of this Title for Rules dealing with termination of parental rights proceedings under Code, Family Law Article, Title 5, Subtitle 14.

Committee note: The Rules in this Chapter do not apply to the guardianship of persons and property of minors and disabled persons governed by Code, Estates and Trusts Article, § 13-101et seq.

(b) Definitions. The terms used in this Chapter that are defined in Code, Family Law Article, Titles 1 and 5 shall have the meanings stated in those Titles. In addition, in this Chapter, the following definitions apply except as expressly otherwise provided or as necessary implication requires.

(1)Independent Adoption. “Independent Adoption means an adoption under Code, Family Law Article, Title 5, Subtitle 3B.
(2)Private Agency Adoption. “Private Agency Adoption means an adoption under Code, Family Law Article, Title 5, Subtitle 3A, Part III.
(3)Private Agency Guardianship. “Private Agency Guardianship means a guardianship under Code, Family Law Article, Title 5, Subtitle 3A, Part II.
(4)Public Agency Adoption After TPR. “Public Agency Adoption after TPR means an adoption under Code, Family Law Article, Title 5, Subtitle 3, Part IV, after termination of parental rights.
(5)Public Agency Adoption Without Prior TPR. “Public Agency Adoption without Prior TRP means an adoption under Code, Family Law Article, Title 5, Subtitle 3, Part III, without prior termination of parental rights.
(6)Public Agency Guardianship. “Public Agency Guardianship means a guardianship under Code, Family Law Article, Title 5, Subtitle 3, Part II.
(7)TPR. “TPR means termination of parental rights.

Md. Fam. Law. Actions. 9-101

This Rule is in part derived from former Rule D71 and is in part new.

Adopted June 5, 1996, eff. Jan. 1, 1997. Amended June 4, 2007, eff. July 1, 2007; Dec. 4, 2018, eff. Jan. 1, 2019.

HISTORICAL NOTES

2007 Orders

The June 4, 2007, order rewrote this rule, which previously read:

“The words ‘child placement agency,’ ‘disability,’ ‘father,’ and ‘guardianship’ as used in Rules 9-101 through 9-113 have the meanings stated in Code, Family Law Article, § 5-301. In addition, the word ‘parent’ includes the biological mother, a ‘natural father’ as defined in Code, Family Law Article, § 5-310, the biological father or one claiming to be the biological father who does not meet the criteria of § 5-310, and a person who is a child’s parent by reason of a previous adoption.

“Committee note: This Rule does not apply to the guardianship of persons and property of minors and disabled persons governed by Code, Estates and Trusts Article, § 13-101 et seq.

“Source: This Rule is in part derived from former Rule D71 and is in part new.

Derivation:

Maryland Rule of Procedure D71, adopted May 31, 1983, eff. July 1, 1983, related to definitions, rescinded June 5, 1996, eff. Jan. 1, 1997.

2018 Orders

The December 4, 2018 order amended (a) to clarify that the Rules in Title 9, Chapter 100 do not apply to proceedings for termination of parental rights brought under Code, Family Law Article, Title 5, Subtitle 14.