Rule 9-105. Show Cause Order;  Disability of an Individual;  Other Notice

(a) Requirement for Show Cause Order Promptly upon the filing of a petition for adoption or guardianship, the court shall issue a show cause order in substantially the form set forth in section (e) of this Rule when required by Code, Family Law Article:

(1) § 5-334 in a Public Agency Adoption without Prior TPR;

(2) § 5-3A-15 in a Private Agency Guardianship;

(3) § 5-3B-15 in an Independent Adoption.

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.

(1) § 5-334 in a Public Agency Adoption without Prior TPR;

(2) § 5-3A-15 in a Private Agency Guardianship;

(3) § 5-3B-15 in an Independent Adoption.

(b) Appointment of Attorney for Disabled Individual

(1) If the parties agree that a parent or prospective adoptee who is not represented has a disability that makes that individual incapable of consenting or participating effectively in the proceeding, the court shall appoint an attorney who shall represent the disabled individual throughout the proceeding

(2) If there is a dispute as to whether an individual who is not represented has a disability that makes the individual incapable of consenting or participating effectively in the proceeding, the court shall:

(A) hold a hearing promptly to resolve the dispute;

(B) appoint an attorney to represent the alleged disabled individual at that hearing;

(C) provide notice of that hearing to all parties and the alleged disabled individual; and

(D) if the court finds at the hearing that the individual has such a disability, appoint an attorney who shall represent the disabled individual throughout the proceeding.

(c) Service of Show Cause Order

(1) Method of Service The show cause order shall be served on those persons and in the manner required by Code, Family Law Article:

(A) § 5-334 in a Public Agency Adoption without Prior TPR;

(B) § 5-3A-15 in a Private Agency Guardianship; or

(C) § 5-3B-15 in an Independent Adoption.

(2) Time for Service Unless the court orders otherwise, a show cause order shall be served within 90 days after the date it is issued. If service is not made within the period, a new show cause order shall be issued at the request of the petitioner.

(3) Notice of Objection A show cause order shall be served with two copies of a pre-captioned notice of objection form in substantially the form set forth in section (f) of this Rule. In a public agency adoption, a copy of the petition shall be attached.

(d) Form of Show Cause Order Except as provided in section (g) of this Rule, the show cause order shall be substantially in the following form:

IMPORTANT

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

(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: For the caption of the form, see Rule 9-103 (a).)

NOTICE OF OBJECTION/REQUEST FOR APPOINTMENT OF ATTORNEY

(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 IN PARAGRAPH 2 OF THE SHOW CAUSE ORDER, YOU HAVE AGREED TO A THE TERMINATION OF YOUR PARENTAL RIGHTS. If you wish to state your reasons, you may state them on this sheet.)

1. I object to the __________ (Adoption/Guardianship) of the above-named individual. My reasons for objecting are as follows:

2. 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)

(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: Include only those of the following paragraphs which are applicable to the type of guardianship or adoption proceeding that has been filed.)

[In a Public Agency Adoption without Prior TPR:]

[ ] I am the person to be adopted.

OR

[ ] I am the parent of the person to be adopted and:

[ ] I am under 18 years of age.

[ ] I have a disability that makes me unable to participate effectively in the adoption case.

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

1. I object to the __________ (Adoption/Guardianship) of the above-named individual. My reasons for objecting are as follows:

2. 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)

(Note to Drafter of the Notice of Objection/Request for Appointment of Attorney: Include only those of the following paragraphs which are applicable to the type of guardianship or adoption proceeding that has been filed.)

(f) Form of Notice for Service by Publication and Posting

The notice for service by publication and posting shall be in the form required by Code, Family Law Article:

(1) § 5-334 in a Public Agency Adoption without Prior TPR;

(2) § 5-3A-15 in a Private Agency Guardianship; or

(3) § 5-3B-15 in an Independent Adoption.

Committee Notes

Cross reference: See Code, Family Law Article, §§ 5-307 as to a Public Agency Adoption without Prior TPR; 5-3A-07 as to a Private Agency Guardianship; and 5-3B-06 as to an Independent Adoption. For eligibility of an individual for representation by the Office of the Public Defender, see Code, Family Law Article, § 5-307 and Code, Criminal Procedure Article, § 16-204. Cross reference: See Code, Family Law Article, §§ 5-307 as to a Public Agency Adoption without Prior TPR; 5-3A-07 as to a Private Agency Guardianship; and 5-3B-06 as to an Independent Adoption. For eligibility of an individual for representation by the Office of the Public Defender, see Code, Family Law Article, § 5-307 and Code, Criminal Procedure Article, § 16-204. Source: This Rule is in part derived from former Rule D74 and is in part new. Source: This Rule is in part derived from former Rule D74 and is in part new.