Section 5-324 - Contents of order.
§ 5-324. Contents of order.
(a) Denial of guardianship.- In a separate order accompanying an order denying guardianship of a child, a juvenile court shall include:
(1) a specific factual finding on whether reasonable efforts have been made to finalize the child's permanency plan;
(2) any order under Title 3, Subtitle 8 of the Courts Article in the child's best interests; and
(3) a date, no later than 180 days after the date of the order, for the next review hearing under Title 3, Subtitle 8 of the Courts Article.
(b) Grant of guardianship.-
(1) In a separate order accompanying an order granting guardianship of a child, a juvenile court:
(i) shall include a directive terminating the child's CINA case;
(ii) consistent with the child's best interests:
1. may place the child:
A. subject to paragraph (2) of this subsection, in a specific type of facility; or
B. with a specific individual;
2. may direct provision of services by a local department to:
A. the child; or
B. the child's caregiver;
3. subject to a local department retaining legal guardianship, may award to a caregiver limited authority to make an emergency or ordinary decision as to the child's care, education, mental or physical health, or welfare;
4. may allow access to a medical or other record of the child;
5. may allow visitation for the child with a specific individual;
6. may appoint, or continue the appointment of, a court-appointed special advocate for any purpose set forth under § 3-830 of the Courts Article;
7. shall direct the provision of any other service or taking of any other action as to the child's education, health, and welfare, including:
A. for a child who is at least 16 years old, services needed to help the child's transition from guardianship to independence; or
B. for a child with a disability, services to obtain ongoing care, if any, needed after the guardianship case ends; and
8. may co-commit the child to the custody of the Department of Health and Mental Hygiene and order the Department of Health and Mental Hygiene to provide a plan for the child of clinically appropriate services in the least restrictive setting, in accordance with federal and State law;
(iii) if entered under § 5-322 of this subtitle, shall state each party's response to the petition;
(iv) shall state a specific factual finding on whether reasonable efforts have been made to finalize the child's permanency plan;
(v) shall state whether the child's parent has waived the right to notice; and
(vi) shall set a date, no later than 180 days after the date of the order, for the initial guardianship review hearing under § 5-326 of this subtitle.
(2) (i) Except for emergency commitment in accordance with § 10-617 of the Health - General Article or as expressly authorized by a juvenile court in accordance with the standards in § 3-819(h) and (i) of the Courts Article, a child may not be committed or otherwise placed for inpatient care or treatment in a psychiatric facility or a facility for the developmentally disabled.
(ii) A juvenile court shall include in a commitment order under this paragraph a requirement that the guardian:
1. file a progress report with the juvenile court at least every 180 days; and
2. provide a copy of each report to each person entitled to notice of a review hearing under § 5-326 of this subtitle.
(iii) Every 180 days during a commitment or placement under this paragraph, a juvenile court shall hold a hearing to determine whether the standards in § 3-819(h) or (i) of the Courts Article continue to be met.
(c) Persons to receive copies of orders.- A juvenile court shall send a copy of an order entered under this section to:
(1) each party or, if represented, counsel;
(2) each of the child's living parents who has not waived the right to notice;
(3) each living parent's last attorney of record in the CINA case; and
(4) the child's last attorney of record in the CINA case.
[2005, ch. 464, § 3; 2006, ch. 365, § 2.]