HISTORICAL NOTES

2001 Orders

The March 5, 2001, order, inserted subsec. (a)(2) pertaining to determination of disability of a party; in section (e), substituted two copies for one copy of the notice of objection; and, in section (h), modified the contents of certain notices.

2002 Orders

The January 8, 2002, order, in subsec. (b)(1)(A), substituted “(1)(D), and (1)(E) for “and (1)(D); in subsec. (b)(1)(D), substituted “If a person for “The show cause order need not be served on: (i) a parent of a person to be adopted if the person, deleted “, the petition for adoption is filed by a child placement agency, following “prior juvenile proceeding, inserted “person’s, and substituted “, the court shall order notice by publication as to that parent pursuant to section (c) of this Rule for “; or (ii) a person who has executed a written consent pursuant to Rule 9-102; added subsec. (b)(1)(E); in section (c), substituted “at least one time in one or more newspapers of general circulation published in the county in which the petition is filed and, if different, in the county of that parent’s last known address for “one time. Publication shall be in the county of that parent’s last known residence; and amended the cross reference following section (c).

The November 6, 2002, order, in subsec. (b)(1)(D), substituted “to that parent by publication for “by publication as to that parent; in subsec. (b)(2)(A), substituted “(2)(C), and (2)(D) for “and (2)(C); in subsec. (b)(2)(C), substituted “If a person for “The show cause order need not be served on: (i) a parent of a person for whom a guardian is to be appointed if the person, inserted “person’s, and substituted “the court shall order notice to that parent by publication pursuant to section (c) of this Rule for “or (ii) a person who has executed a written consent pursuant to Rule 9-102; and added subsec. (b)(2)(D).

2007 Orders

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

“(a) Requirement.

“(1) Generally. Upon the filing of a petition for adoption or guardianship, the court shall enter a show cause order in the form set forth in section (h) of this Rule unless all parties entitled to service of the show cause order under section (b) of this Rule have consented to the adoption or guardianship. If the petition seeks adoption of a minor, the show cause order shall not divulge the name of the petitioner. If the petition seeks appointment of a guardian, the show cause order shall state the name of the child placement agency seeking guardianship.

“(2) Determination of Disability of a Party. If the petition alleges facts that indicate that a party has a disability, the court shall (A) appoint an attorney for the party if the party is not represented, (B) set a prompt hearing to determine whether the party has a disability that makes the party incapable of consenting or participating in the proceeding, and (C) cause subpoenas to be issued and served upon the petitioner and the party requiring their attendance at the hearing.

“(b) Persons to be Served.

“(1) In Adoption Proceeding.

“(A) Subject to paragraphs (1)(B), (1)(C), (1)(D), and (1)(E) of this section, if the petition seeks adoption, the show cause order shall be served on (i) the person to be adopted, if the person is 10 years old or older; (ii) the parents of the person to be adopted; and (iii) any other person the court directs to be served.

“(B) If the parental rights of the parents of the person to be adopted have been terminated by a judgment of guardianship with the right to consent to adoption, service shall be on the guardian instead of the parents.

“(C) If an attorney has been appointed to represent a parent or the person to be adopted, service shall be on the attorney instead of the parent or person to be adopted.

“Cross reference: See Rule 9-106(a) concerning appointment of attorney.

“(D) If a person to be adopted has been adjudicated to be a child in need of assistance in a prior juvenile proceeding and the court is satisfied by affidavit or testimony that the petitioner has made reasonable good faith efforts to serve the show cause order on the person’s parent by both certified mail and private process at the addresses specified in Code, Family Law Article, § 5-322(b) and at any other address actually known to the petitioner as one where the parent may be found, the court shall order notice to that parent by publication pursuant to section (c) of this Rule.

“(E) The show cause order need not be served on a person who has executed a written consent pursuant to Rule 9-102.

“(2) In a Guardianship Proceeding.

“(A) Subject to paragraphs (2)(B), (2)(C), and (2)(D) of this section, if the petition seeks guardianship, the show cause order shall be served on (i) the parents of the person for whom a guardian is to be appointed and (ii) any other person that the court directs to be served.

“(B) If an attorney has been appointed to represent a parent or the person for whom a guardian is to be appointed, service shall be on the attorney instead of the parent or person for whom a guardian is to be appointed.

“(C) If a person for whom a guardian is to be appointed has been adjudicated to be a child in need of assistance in a prior juvenile proceeding and the court is satisfied by affidavit or testimony that the petitioner has made reasonable good faith efforts to serve the show cause order on the person’s parent by both certified mail and private process at the addresses specified in Code, Family Law Article, § 5-322(b) and at any other address actually known to the petitioner as one where the parent may be found, the court shall order notice to that parent by publication pursuant to section (c) of this Rule.

“(D) The show cause order need not be served on a person who has executed a written consent pursuant to Rule 9-102.

“(c) Method of Service. Except as otherwise provided in this Rule, the show cause order shall be served in the manner provided by Rule 2-121. If the court is satisfied by affidavit or testimony that the petitioner or a parent, after reasonable efforts made in good faith, has been unable to ascertain the identity or whereabouts of a parent entitled to service under section (b) of this Rule, the court may order, as to that parent, that the show cause order be published at least one time in one or more newspapers of general circulation published in the county in which the petition is filed and, if different, in the county of that parent’s last known address. When a show cause order is published, unless the court orders otherwise, the show cause order shall identify the individual who is the subject of the proceeding only as ‘a child born to’ followed by the name of any known parent of the child and shall set forth the month, year, county, and state of the child’s birth, to the extent known.

“Cross reference: See Code, Family Law Article, § 5-322(e), setting forth the efforts necessary to support a finding that a reasonable, good faith effort has been made by a local department of social services to locate a parent.

“(d) Time for Service. Unless the court orders otherwise, a show cause order that is served in the manner provided by Rule 2-121 shall be served within 90 days after the date it is issued. If service is not made within that period, a new show cause order shall be issued at the request of the petitioner.

“(e) Notice of Objection. A show cause order served pursuant to Rule 2-121 shall be accompanied by two copies of a pre-captioned notice of objection form in substantially the form set forth in section (i) of this Rule.

“(f) Additional Notice in a Guardianship. The petitioner in an action for guardianship of a child who has been adjudicated a child in need of assistance in a prior juvenile proceeding shall also send a copy of the petition and show cause order by first class mail to each attorney who represented a parent and to the attorney who represented the child in the juvenile proceeding.

“(g) Notice of Change of Name. If the person to be adopted is an adult and the petitioner desires to change the name of the person to be adopted to a surname other than that of the petitioner, notice of a proposed change of name shall also be given in the manner provided in Rule 15-901.

“(h) Form of Show Cause Order. The show cause order shall be in substantially the following form:

“IMPORTANT

“THIS IS A COURT ORDER. IF YOU DO NOT UNDERSTAND WHAT THE ORDER SAYS, HAVE SOMEONE EXPLAIN IT TO YOU. YOUR RIGHT TO AN ATTORNEY IS EXPLAINED IN PARAGRAPH 3 OF THIS ORDER. IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN PARAGRAPH 2 OF THIS ORDER, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

“SHOW CAUSE ORDER

“TO:

“____________________________________________________________

(name of person to be served)

“____________________________________________________________

____________________________________________________________

(address, including county)

“____________________________________________________________

(relationship of person served to individual who is the subject of the proceeding)

“You are hereby notified that:

“1. Filing of Petition

“A petition has been filed for ________________(adoption/guardianship) of ___________________________________________________(name of individual who is the subject of the proceeding)

“who was born at _________________________________(birthplace) on __________________(date of birth).

“(If the petition is for guardianship, include the following sentence: The petition was filed by_____________________________________________________________ (name of child placement agency seeking guardianship)

“2. Right to Object; Time For Objecting

“(A. This portion should be included when the show cause order is to be served pursuant to Rule 2-121.)

“If you wish to object to the _____________________,(adoption/guardianship) you must file a notice of

“objection with the clerk of the court at _____________(address of courthouse)

” within _______ days after this Order is served on you. For your convenience, a form notice of objection is attached to this Order.

“(B. This portion should be included when the show cause order is to be published or posted.)

“If you wish to object to the _____________________,(adoption/guardianship) you must file a notice of

“objection with the clerk of the court on or before ___(date) at ____________________(address of courthouse).

“WHETHER THE PETITION REQUESTS ADOPTION OR GUARDIANSHIP, IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED ABOVE, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

“3. Right to an Attorney.

“(a) You have the right to consult an attorney and obtain independent legal advice.

“(b) An attorney may already have been appointed for you based on statements in the petition. If an attorney has been appointed and has already contacted you, you should consult with that attorney.

“(c) If an attorney has not already contacted you, you may be entitled to have the court appoint an attorney for you if:

“(1) you are the person to be adopted and:

“(A) you are at least ten years old but are not yet 18; or

“(B) you are at least ten years old and have a disability that makes you incapable of consenting to the adoption or of participating effectively in the proceeding.

“(2) you are the person to be adopted or the person for whom a guardian is sought and the proceeding involves the involuntary termination of the parental rights of your parents.

“(3) you are a parent of the person to be adopted or for whom a guardian is sought and:

“(A) you are under 18 years of age; or

“(B) because of a disability, you are incapable of consenting to the adoption or guardianship or of participating effectively in the proceeding; or

“(C) you object to the adoption and cannot afford to hire an attorney because you are indigent.

“IF YOU BELIEVE YOU ARE ENTITLED TO HAVE THE COURT APPOINT AN ATTORNEY FOR YOU AND YOU WANT AN ATTORNEY, YOU MUST NOTIFY THE COURT BEFORE THE TIME YOUR NOTICE OF OBJECTION MUST BE FILED. IF YOU DO NOT MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS.

“For your convenience, a request for appointment of an attorney is printed on the notice of objection form attached to this Order.

“(Omit the last sentence from a published or posted show cause order.)

“(d) If you are a parent of the person to be adopted, you are entitled to consult an attorney chosen by you, even if you are not entitled to an attorney appointed by the court. If you employ an attorney, you may be responsible for any fees and costs charged by that attorney unless this is an adoption proceeding and the adoptive parents agree to pay, or the court orders them to pay all or part of those fees or expenses.

“(e) If you wish further information concerning appointment of an attorney by the court or concerning adoption counseling and guidance, you may contact

“4. Option to Receive Adoption Counseling. If this is an adoption proceeding, you also may have the option to receive adoption counseling and guidance. You may have to pay for that service unless the adoptive parents agree to pay or the court orders them to pay all or part of those charges.

“(i) Form of Notice of Objection. The notice of objection shall be in substantially the following form:

“NOTICE OF OBJECTION

“(Instructions to the person served with the show cause order: IF YOU WISH TO OBJECT, YOU MUST MAKE SURE THAT THE COURT RECEIVES YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED IN THE SHOW CAUSE ORDER. You may use this form to do so. You need only sign this form, print or type your name, address, and telephone number underneath your signature, and mail or deliver it to the court at the address shown in paragraph 2 of the show cause order. IF THE COURT HAS NOT RECEIVED YOUR NOTICE OF OBJECTION ON OR BEFORE THE DEADLINE STATED, YOU HAVE AGREED TO A TERMINATION OF YOUR PARENTAL RIGHTS. If you wish to state your reasons, you may state them on this sheet.)

“I object to the _________________________________(adoption/guardianship) of the above-named individual. My reasons for “objecting are as follows:

_______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________

“I do/do not want the Court to appoint an attorney to (Circle one)

“represent me. If I circled that I do want the court to appoint an attorney for me, I believe that I am entitled to a court-appointed attorney because:

“(Check appropriate box or boxes)

“[ ] I am the person to be adopted and:

“[ ] I am at least ten years old but am not yet 18; or

“[ ] I am at least ten years old and I have a disability that makes me incapable of consenting to the adoption or of participating effectively in the proceeding; or

“[ ] the proceeding involves the involuntary termination of the parental rights of my parents.

“[ ] I am a parent of the person to be adopted or for whom a guardian is sought and:

“[ ] I am under 18 years of age; or

“[ ] because of a disability, I am incapable of consenting to the adoption or guardianship or of participating effectively in the proceeding; or

“[ ] I object to the adoption or guardianship and cannot afford to hire an attorney because I am indigent.

“Committee note: See Rule 9-103(a). The caption of the petition designated in the show cause order is different from the caption of the case record referred to in Rule 9-103, which is kept by the clerk. The caption in the show cause order preserves the anonymity of the prospective adoptive parents. The caption in the case record preserves the anonymity of the adoptee.

“Source: This Rule is in part derived from former Rule D74 and is in part new.

2012 Orders

The November 1, 2012, order deleted the obsolete citation to Code, Article 27A, § 4 in the cross reference following section (b), and replaced it with the updated citation to Code, Criminal Procedure Article, § 16-204.

Derivation:

Maryland Rule of Procedure D74, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended June 30, 1973, eff. July 1, 1973; amended eff. July 1, 1974; amended May 31, 1983, eff. July 1, 1983; April 6, 1984, eff. July 1, 1984; May 2, 1986, eff. July 1, 1986; June 3, 1988, eff. July 1, 1988, related to notice, rescinded June 5, 1996, eff. Jan. 1, 1997.