Md. Fam. Law. Actions. 9-107

As amended through September 13, 2024

Rule 9-107 - Objection

(a)In General. Any person having a right to participate in a proceeding for adoption or guardianship may file a notice of objection to the adoption or guardianship. The notice may include a statement of the reasons for the objection and a request for the appointment of an attorney. The notice may be accompanied by a request for access to case records.

Cross reference: See Rule 9-105 for Form of Notice of Objection.

(b) Time for Filing Objection.

(1)In General. Except as provided by subsections (b)(2) and (b)(3) of this Rule, any notice of objection to an adoption or guardianship shall be filed within 30 days after the show cause order is served.

(2)Service Outside of the State. If the show cause order is served outside the State but within the United States, the time for filing a notice of objection shall be within 60 days after service.

(3)Service Outside of the United States. If the show cause order is served outside the United States, the time for filing a notice of objection shall be within 90 days after service.

(4)Service by Publication in a Newspaper and on Website. If the court orders service by publication, the deadline for filing a notice of objection shall be not less than 30 days from the later of (A) the date that the notice is published in a newspaper of general circulation or (B) the last day that the notice is published on the Maryland Department of Human Services website.

(c)Service. The clerk shall serve a copy of any notice of objection and any request for access to case records on all parties and, if applicable, the child placement agency in the manner provided by Rule 1-321.

(d) Response.

(1)Standing and Timeliness Within 10 days after being served with a notice of objection, any party or, if applicable, the child placement agency may file a response challenging the standing of the person to file the notice or the timeliness of the filing of notice.

(2)Access to Records Within 10 days after being served with a request for access to case records, any party or, if applicable, the child placement agency may file a response identifying papers in the proceeding as to which the party requests that the court deny access or place conditions on access in an order entered pursuant to section (f) of this Rule.

Committee note: Examples of papers as to which the court may deny access or impose conditions, such as redaction, regarding access that is granted include financial records, personal identifying information, and a home study conducted by a child placement agency.

(e)Hearing. If any party files a response, the court shall hold a hearing promptly on the issues raised in the response.

(f)Determination; Access to Records. After expiration of the time to file any response under subsections (d)(1) and (d)(2), as applicable, the court shall (1) determine whether the person filing the notice of objection has standing to do so and whether the notice of objection was timely filed and (2) if so and a request for access to records was filed, enter an order permitting the person to inspect all or certain specified papers filed in the proceeding. An order permitting inspection may include reasonable conditions on access to papers as to which inspection is permitted. The court may amend an order entered pursuant to this section at any time on its own initiative or on request of a party.

Committee note: When MDEC system limitations for electronically filed papers cannot prevent access in excess of that which is ordered by the court under section (f) of this Rule, the order should specify provisions for facilitating the permitted access. Examples of such provisions include requiring a party or child placement agency to provide a redacted document to the court and requiring the clerk to provide access to a paper copy of the redacted document and each additional specified document or part thereof as to which inspection is permitted.

Md. Fam. Law. Actions. 9-107

This Rule is derived in part from former Rule D76 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended June 4, 2007, eff. 7/1/2007; 6/7/2011, eff. 7/1/2011; 6/20/2017, eff. 8/1/2017; amended Nov. 17, 2023, eff. 11/20/2023.

HISTORICAL NOTES

2007 Orders

The June 4, 2007, order in section (c) substituted "all parties for "the petitioner; in sections (d) and (e) substituted "any party for "the petitioner in sections (d) and (e); made some stylistic changes; and rewrote subsection (b)(4), which previously read:

"(4) Service by Publication or Posting. If the show cause order is served by publication or posting, the time for filing a notice of objection shall be the date stated in the show cause order, which shall be not earlier than 30 days after the posting or first publication of the show cause order.

Derivation:

Maryland Rule of Procedure D76, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974; May 31, 1983, eff. July 1, 1983; April 6, 1984, eff. July 1, 1984; May 2, 1986, eff. July 1, 1986, related to objections, rescinded June 5, 1996, eff. Jan. 1, 1997.

2011 Orders

The June 7, 2011, order inserted "of a general circulation following "published in a newspaper in section (b)(4).

2017 Orders

The June 20, 2017 order, amended the Rule to conform to the renaming of the "Department of Health and Mental Hygiene to the "Maryland Department of Health.

The June 20, 2017 order, amended the Rule to conform to the renaming of the "Department of Human Resources to the "Department of Human Services.