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Md. Code Ann., Fam. Law § 5-313 (2026)

§ 5-313

✓ current as of May 2026
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§5–313.

    (a)    Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.

    (b)    Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.

    (c)    A petition for guardianship of an individual shall be filed before the individual attains 18 years of age.

    (d)    A petitioner under this section shall attach to a petition:

        (1)    all written consents for the guardianship that the petitioner has;

        (2)    if applicable:

            (i)    proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

            (ii)    certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws; and

        (3)    a notice of filing that:

            (i)    states the date on which the petition was filed;

            (ii)    identifies each person whose consent was filed with the petition;

            (iii)    states the obligation of a parent to give the juvenile court and local department notice of each change in the parent’s address;

            (iv)    has printed on it the website that the Department maintains under § 2–302 of the Human Services Article; and

            (v)    includes no identifying information that would be in violation of an agreement or consent.


Notes of Decisions
Cited in 21 cases, 1985–2013 · leading case: In Re Adoption/Guardianship Nos. J9610436 & J9711031, 796 A.2d 778 (Md. 2002).
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In Re Adoption/Guardianship Nos. J9610436 & J9711031, 796 A.2d 778 (Md. 2002). · cites it 6× “), section 5-313 of the Family Law Article, the section at issue in this case, bolsters Maryland's already stringent statutory standards that must be satisfied before termination of parental rights can occur.”
In Re: Adoption/guardianship of Rashawn H., 937 A.2d 177 (Md. 2007). · cites it 4× “Upon evidence that the children had previously been found by the juvenile court to be children in need of assistance (CINA) and after considering the various factors then set forth in Maryland Code, § 5-313 of the Family Law Article, the court concluded that termination was in…”
In Re Adoption/Guardianship of Victor A., 872 A.2d 662 (Md. 2005). · cites it 7× “To guide the court in deciding whether parental rights are to be terminated, Section 5-313 of the Family Law Article sets forth the standards a court must follow: (a) In general.”
In Re Adoption/Guardianship of Alonza D., 987 A.2d 536 (Md. 2010). · cites it 6× “The Department counters that the statutory factors outlined in Section 5-313 of the Family Law Article, Maryland Code (1984, 2004 Repl.”
Monroe Cnty. Dep't of Human Servs. v. Kelli B., 2004 WI 48 (Wis. 2004). · cites it 2× “22 § 4055 (West 2003); Md. Code Ann., Fam. Law § 5-313 (2003); Mass.”
In re Adoption/Guardianship Nos. CAA92-10852 & CAA92-10853 in the Circuit Court for Prince George's Cnty., 651 A.2d 891 (Md. Ct. Spec. App. 1994). · cites it 5× “Applying the factors set forth in section 5-313 of the Family Law Article, the court found that William had not accepted any of the services that were offered him by D.”
In Re Caya B., 834 A.2d 997 (Md. Ct. Spec. App. 2003). · cites it 2× “The court did not act pursuant to § 5-313 of the Family Law Article. Although the court was authorized to close the case absent a finding of good cause not to do so, see § 3—823(h)(1)(iii), the closure did not affect Christine’s parental rights.”
In Re Karl H., 906 A.2d 898 (Md. 2006). “19 Section 5-313(a) of the Family Law Article.”
In Re Adoption No. 12612, 725 A.2d 1037 (Md. 1999). · cites it 2× “Code, § 5-313 of the Family Law Article) and it may lead to the loss of custody upon a finding by a Juvenile Court that the child is in need of assistance (Md.”
In Re Adoption No. A91-71A, 640 A.2d 1085 (Md. 1994). “Moreover, he contends that § 5-323(a)(4) applies only to a proceeding under § 5-313 of the Family Law Article in which the State seeks to terminate a natural parent’s rights.”
In re Priscilla B., 78 A.3d 500 (Md. Ct. Spec. App. 2013). “), § 5-313 of the Family Law Article (“FL”).”
In Re Adoption/Guardianship No. 93321055/CAD, 687 A.2d 681 (Md. 1997). “), § 5-313 of the Family Law article. A judgment of guardianship under that section terminates the parental rights of the parents of the child and permits the State, through its Department of Social Services (DSS), to consent to the subse *465 quent adoption or other long-term…”
Show all 21 citing cases →
— Md. Code Ann., Fam. Law § 5-313(a) — 4 cases
In Re Karl H., 906 A.2d 898 (Md. 2006). “19 Section 5-313(a) of the Family Law Article.”
In Re Adoption/Guardianship of Victor A., 872 A.2d 662 (Md. 2005). “To guide the court in deciding whether parental rights are to be terminated, Section 5-313 of the Family Law Article sets forth the standards a court must follow: (a) In general.”
In re Adoption/Guardianship Nos. CAA92-10852 & CAA92-10853 in the Circuit Court for Prince George's Cnty., 651 A.2d 891 (Md. Ct. Spec. App. 1994). “Applying the factors set forth in section 5-313 of the Family Law Article, the court found that William had not accepted any of the services that were offered him by D.”
In Re Adoption No. 94339058, 706 A.2d 144 (Md. Ct. Spec. App. 1998).
— Md. Code Ann., Fam. Law § 5-313(a)(1989) — 1 case
In re Adoption/Guardianship Nos. CAA92-10852 & CAA92-10853 in the Circuit Court for Prince George's Cnty., 651 A.2d 891 (Md. Ct. Spec. App. 1994). “Applying the factors set forth in section 5-313 of the Family Law Article, the court found that William had not accepted any of the services that were offered him by D.”
— Md. Code Ann., Fam. Law § 5-313(a)(3) — 1 case
In Re Adoption/Guardianship of Victor A., 872 A.2d 662 (Md. 2005). “To guide the court in deciding whether parental rights are to be terminated, Section 5-313 of the Family Law Article sets forth the standards a court must follow: (a) In general.”
— Md. Code Ann., Fam. Law § 5-313(a)(3)(iv) — 1 case
In Re Adoption/Guardianship of Victor A., 872 A.2d 662 (Md. 2005). “To guide the court in deciding whether parental rights are to be terminated, Section 5-313 of the Family Law Article sets forth the standards a court must follow: (a) In general.”
— Md. Code Ann., Fam. Law § 5-313(c) — 2 cases
In Re Caya B., 834 A.2d 997 (Md. Ct. Spec. App. 2003). “The court did not act pursuant to § 5-313 of the Family Law Article. Although the court was authorized to close the case absent a finding of good cause not to do so, see § 3—823(h)(1)(iii), the closure did not affect Christine’s parental rights.”
In re Adoption/Guardianship Nos. CAA92-10852 & CAA92-10853 in the Circuit Court for Prince George's Cnty., 651 A.2d 891 (Md. Ct. Spec. App. 1994). “Applying the factors set forth in section 5-313 of the Family Law Article, the court found that William had not accepted any of the services that were offered him by D.”
— Md. Code Ann., Fam. Law § 5-313(c)(l) — 1 case
In Re Adoption/Guardianship of Victor A., 852 A.2d 976 (Md. Ct. Spec. App. 2004).
— Md. Code Ann., Fam. Law § 5-313(d)(l) — 1 case
In re Adoption/Guardianship Nos. CAA92-10852 & CAA92-10853 in the Circuit Court for Prince George's Cnty., 651 A.2d 891 (Md. Ct. Spec. App. 1994). “Applying the factors set forth in section 5-313 of the Family Law Article, the court found that William had not accepted any of the services that were offered him by D.”
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