Section 6-833 - Qualified offers where parent or legal guardian is unavailable.

§ 6-833. Qualified offers where parent or legal guardian is unavailable.
 

(a)  Unavailability.- For purposes of this section, a parent or legal guardian of a person at risk who is a minor is unavailable if, following reasonable efforts, the offeror is unable to locate or communicate with the parent or guardian of the minor. 

(b)  Filings with court.-  

(1) If a parent or legal guardian of the minor is unavailable, the offeror may: 

(i) Petition a court in accordance with the provisions of Title 13, Subtitle 7 of the Estates and Trusts Article to appoint a person to respond to the offer on behalf of the minor; and 

(ii) File the qualified offer with the court. 

(2) The court shall appoint a person to act on behalf of the minor within 15 days after the date of filing of the petition. 

(3) A person appointed to act on behalf of the minor shall file a response with the court either rejecting or accepting the qualified offer within 30 days after appointment by the court. 

(4) The response of the person appointed to respond to the offer on behalf of the minor is subject to approval by the court. 

(c)  Hearings.- Within 15 days after a response to a qualified offer is filed with a court under subsection (b)(3) of this section, the court: 

(1) May hold a hearing; and 

(2) Shall approve or disapprove the response to the qualified offer. 

(d)  Disapproval by court.- If a court disapproves the response to the qualified offer filed by the person acting on behalf of the minor, the court may order: 

(1) That an additional response be filed on behalf of the minor; or 

(2) Any action the court considers necessary and appropriate to protect the interests of the minor. 

(e)  Acceptance by court.- If the court approves a response accepting a qualified offer on behalf of the minor, the order of the court shall designate one or more persons who shall be responsible for and authorized to make all decisions on behalf of the minor necessary to implement the qualified offer. 
 

[1994, ch. 114, § 1.]