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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 82 September Term, 2005 _________________________________

IN RE: ADOPTION/GUARDIANSHIP OF JOSHUA M. _________________________________

Hollander, Eyler, Deborah, S., Woodward, JJ. ___________________________________ Opinion by Woodward, J. ___________________________________

Filed: December 23, 2005

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 82 September Term, 2005 _________________________________

IN RE: ADOPTION/GUARDIANSHIP OF JOSHUA M. ___________________________________

Hollander, Eyler, Deborah, S., Woodward, JJ. ___________________________________ Opinion by Woodward, J. ___________________________________

Filed:

This appeal concerns Joshua M., the biological child of appellant, Rita M. Joshua was born on October 4, 1999. He has

been in the care of the Prince George's County Department of Social Services ("PGDSS") since February 4, 2002. On October 4, 2004, the Circuit Court for Prince George's County, sitting as a juvenile court, entered judgment denying PGDSS's petition to terminate appellant's parental rights. On February 28, 2005, upon motion by

PGDSS to alter or amend the October 4, 2004 judgment, and following a hearing, the court amended its October 4, 2004 judgment, and granted PGDSS's petition to terminate appellant's parental rights. Appellant filed a motion to alter or amend the February 28, 2005 judgment and/or reopen case and to revise judgment. was denied without a hearing. Appellant presents two questions for our review, which we have slightly re-phrased: I. Whether the trial court erred in granting PGDSS's motion to alter or amend judgment and ultimately terminate appellant's parental rights based, in part, on facts that occurred after the entry of the original judgment on October 4, 2004. Whether the trial court abused its discretion by refusing to hold a hearing on appellant's motion to alter or amend the February 28, 2005 judgment. That motion

II.

For the reasons stated herein, we shall affirm the judgment of the trial court.

BACKGROUND Facts And Proceedings Prior To August 25, 2004 Appellant is the natural mother of Joshua. prematurely on October 4, 1999. a twin brother, Justin, all Joshua was born

He has three siblings, including of whom have been removed from

appellant's care.1

The father of Joshua is unknown.2

Appellant has a history of alcohol and drug abuse, and was using illegal drugs while she was pregnant with Joshua. time Joshua was born, he tested positive for cocaine. At the Joshua

suffers from a host of medical problems including hypotonia, cerebral palsy, severe gastroesophageal reflux that necessitates a feeding tube, breathing ailments, as well as other disorders and developmental delays.3 Joshua requires intensive physical therapy, daily doses of oxygen, assistance ambulating, and near constant supervision and care.4 Joshua has twice been adjudicated by the Circuit Court for

1 2

Joshua's three siblings are in the custody and care of relatives.

Appellant has suggested that one of two men might be the father of Joshua. One, Harry M., denied paternity in CINA 01-0008. The other man, Peter C., was served in North Carolina and notified of the proceedings in compliance with Maryland Code (1984, 2004 Repl. Vol.), Family Law Article ("FL") section 5-322(d). He never responded. Under FL

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