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In Re: Adoption No. 6Z000045
State: Maryland
Court: Court of Appeals
Docket No: 18/02
Case Date: 12/10/2002
Preview:In Re: Adoption/Guardianship No. 6Z000045 in the Sixth District Court of Maryland, Montgom ery County Sitting as a Juvenile Cou rt, No. 18, September Term, 2002. [Family Law - Waiver of Parental Notice Requirement in Guardianship Proceedings under Sections 5-322(c) and 5-322(d) of the Family Law Article of the M aryland Cod e, held: a mother was deprived of her fundamental right to parenting without due process when the trial court waived the statutory parental notice requirement after learning that the parent wished to object to the termination of her parental rights. The petitioner for guardianship had failed to make reasonable good faith efforts to locate the parent be cause the petitioner, when asking the parent for her address and phone number to serve her with a show cause order, did not tell her th e reaso ns for re questin g the ad dress an d phon e num ber.]

[Family Law - Attorney Notification Requirement in Guardianship Proceedings under Section 5-322(a) of the Family Law Article of the Maryland Code, held: a petitioner for guardianship of a child in need of assistance must notify the attorney who represented the parent in the proceeding in which the child was adjudicated a child in need of assistance. This statutory requirement exists even if that attorney had withdrawn her appearance from the case after the adjudic ation.]

IN THE COURT OF APPEALS OF MARYLAND No. 18 September Term, 2002

IN RE: A DOPT ION/GU ARDIA NSHIP NO. 6Z000045 IN THE SIXTH DISTRICT COURT OF MARYLAND, MONTGOMERY COUNTY SITTING AS A JUVENILE COURT

Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia, JJ.

Opinion by Battaglia, J. Raker and Wilner, JJ. concur

Filed:

December 10, 2002

Kim Lee H. (h ereinafter "M s. H.") challe nges two holdings of the Court of Special Appea ls that effectively term inated her p arental rights with respect to her daughter, Nakera.1 Ms. H challenges the intermediate appellate court's decision that the trial court, in a Termination of Parental Rights (hereinafter "TPR") proceeding, did not err in refusing to withdraw its order waiving the parental notice requirement under Maryland Code,
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