Maryland § 5-325

Full text of Maryland Maryland Code § 5-325, with citation guidance and answers to common questions.

§ 5-325.

    (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.

Frequently Asked Questions About Maryland § 5-325

What does Maryland Code § 5-325 cover?

Section 5-325 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 5-325?

A common citation format is "Maryland Code § 5-325" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 5-325 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.