Worcester Cnty. Cir. Ct. Guardianship & Special Immigration Status DCM Plan

Guardianship & Special Immigration Status

Cases

Revised 1, 2020

Circuit Court for Worcester County, Maryland

Brian D. Shockley, Administrative Judge

Guardianship Cases

Guardianship cases are overseen by the Guardianship Judge designated by the County

Administrative Judge. Once a guardianship is established, subsequent reviews are assigned to

an individual Guardianship Judge so there is consistent management of the case.

Guardianship cases are managed in the Family Services Division by the Trust Clerk. The

Trust Clerk assists the Guardianship Judge as needed to orient new guardians, to respond to

inquiries by guardians, to investigate lapses in reporting or asset management, review filings or

otherwise to aid in the management of guardianship matters.

A guardianship of either person or property is initiated by a petition to appoint a guardian

of person or property, pursuant to Md. Rule 10-201 and 10-301. The form of the petition must

comply with the provisions of Md. Rule 10-111 (guardianship of a minor), Md. Rule 10-112

(guardianship of an alleged disabled person), or Md. Rule 10-301 (guardianship of property.) A

petition seeking guardianship of an alleged disabled person must be accompanied by medical

certificates that describe the disability, consistent with the requirements of Md. Rule 10-202 or

affidavits/exhibits documenting Md. Rule 10-301(d) requirements if the alleged disability is due

to detention by a foreign power, by imprisonment, or due to disappearance.

Once the petition is filed, a show cause order will be issued, to be served upon the minor

or the alleged disabled person. The advice of rights in the form set forth in Md. Rule 10-204 will

be included for the alleged disabled person only. The petition, show cause order and a “Notice

to Interested Persons” shall also be mailed by the petitioner by ordinary mail and by certified

mail to all other interested persons identified in the petition as set forth in Md. Rule 10-203(b).2.

An alleged disabled person is entitled to representation in any guardianship matter. The

Court may appoint counsel to represent the alleged disabled person in the guardianship matter

as set forth in Md. Rule 10-106(b)(d). If the petition indicates the alleged disabled person has

sufficient assets to afford to retain counsel, the Family Law Clerk will prepare an order to assign

an agreed upon attorney from a list maintained by the Family Law Clerk of counsel willing to

accept appointments at the Court approved rate in guardianship matters. If the information in

the petition appears to indicate that there are not sufficient assets to afford counsel, the Family

Law Clerk will prepare an order to assign counsel designated under contract through the

Maryland Department of Human Services to provide representation in guardianship matters. The

Order of Appointment of Counsel, along with the Show Cause Order, will be forwarded to the

Guardianship Judge for signature. The initial Guardianship Hearing date is set on the show cause

order.

Any request to expedite a Guardianship Hearing including in Connection with Medical

Treatment Md. Rule 10-201(f) and Md. Rule 16-302(b)(3) must be filed by motion setting forth

any special or compelling circumstances that warrants earlier hearing. Any request for expedited

hearing will be referred to a Guardianship Judge for ruling.

Most guardianship cases proceed by stipulation or agreement of the parties and counsel;

therefore, the show cause order that is issued will identify a hearing date based upon the

assumption that the case will not be contested. If the case appears to be contested, the hearing

date set on the show cause order may be converted to a Scheduling Conference with a

Guardianship Judge. At the Scheduling Conference, the Guardianship Judge will confer with

counsel to determine the complexity of the issues, whether a jury trial is anticipated, the length

of time needed for any discovery, if the case is appropriate for mediation and the estimated

length of trial. A trial date will be set, no more than 75 days out, and cleared through the Civil

Assignment Office to ensure there is a Guardianship Judge available to hear the case on the trial

date selected.

If a guardianship is established, the Guardianship Judge will prepare the appropriate

order, and the parties will be referred to the Trust Clerk to obtain information concerning the

duties and responsibilities of the guardian. In cases involving guardianship of property, the

guardian will be provided an Initial Inventory form, substantially in the form approved by the

State Court Administrator and posted on the Judiciary website Md. Rule 10-707, along with

instructions on how to complete and file the required information within 60 days of the order

granting guardianship. Individuals who are not attorneys who are appointed to serve as guardians

are required to complete an on-line orientation program for new guardians. It is the expectation

of the Court that a prospective Guardian shall complete the necessary training prior to their

appointment but in no later than 30 days after their appointment.

Guardians of person and property are required to file an annual report, substantially in

the form approved by the State Court Administrator and posted on the Judiciary website Md.

Rule 10-206 (guardianship of a minor or disabled person) and/or Md. Rule 10-708 (guardianship

of property.) The Clerk’s Office will issue reminders to guardians to prompt compliance with the

report obligation and will forward delinquency notifications to guardians for any report that is

not timely filed. If a guardian fails to file a required report after a delinquency notice is issued,

the Trust Clerk will forward the file to the assigned Guardianship Judge for review, to include

issuing a summons for a review hearing. If the Guardianship Judge determines that the guardian

cannot or will not fulfill their responsibilities a substitute guardian shall be appointed.

The Trust Clerk will review the annual reports and forward them to the assigned

Guardianship Judge for approval. The Trust Clerk will audit the guardianship of property reports

to determine that balances reconcile with those reported in the initial inventory or the most

recent annual report, income and disbursements are identified, required documentation is

attached, and financial account balances are verified. The Trust Clerk will note any discrepancy

on the guardianship report before it is sent to the assigned Guardianship Judge for approval.

Questions or discrepancies that arise throughout the management of guardianship cases

are referred to the Trust Clerk for review to resolve issues or obtain information to assist a

Guardianship Judge in ruling on the matter. The Trust Clerk will coordinate with the assigned

Guardianship Judge to ensure close case management.

Guardianship cases are terminated by court order when grounds for termination are met

or the court finds good cause. Grounds for a minor are when the minor turn eighteen, meets the

trust/order requirements, becomes emancipated or by death. Grounds for disabled persons may

be met when a disability giving rise to the guardianship ceases, or when the disabled person dies.

A petition to terminate a guardianship shall be filed within 45 days of the Guardian’s discovery

of grounds or any time after a minor without a disability attains majority and must be

accompanied by appropriate documentation (Md. Rule 10-209). If the guardianship included

property, a final accounting report must be filed with the request to terminate.

Special Immigrant Status Cases

Special Immigrant Juvenile Status (SIJS) petitions provide a mechanism for undocumented

children to apply to the United States Citizen and Immigration Services to adjust their

immigration status and remain legally in the United States. 8 U.S.C.A. § 1101(a); 8 C. F. R. §

204.11(a), (d)(2)(iii). SIJS requests typically accompany a petition seeking custody or guardianship

of a minor; however, Maryland law extends jurisdiction for SIJS requests to “an unmarried

individual under the age of 21 years.” See Md. Family Law Ann., § 1-201(a).

The County Administrative Judge has designated the Magistrate and Family Law Judge to

review all SIJS requests. Any case seeking SIJS findings will be forwarded to the Magistrate for

initial screening after the case is docketed. The Magistrate will review the file to determine if

necessary parties have been named, whether valid consents from necessary parties are attached,

whether any required service of process has occurred, and whether the case is ripe for a hearing.

The Magistrate will document any action that remains to be taken and will set in for a status

hearing and will also note any scheduling exigency that may exist, based upon the age of the

party seeking SIJS. Once the SIJS request is ripe for hearing, the case will be referred to the Civil

Assignment Office to schedule a hearing before the Family Division Judge within 90 days.