Rule 9-109. Hearing on Merits

(a) Requirement

(1) Generally The court shall hold a hearing and make findings on the record on the merits of a guardianship petition as provided by Code, Family Law Article:

(A) § 5-335 in a Public Agency Adoption without Prior TPR;

(B) § 5-347 in a Public Agency Adoption after TPR;

(C) § 5-3A-32 in a Private Agency Adoption; or

(D) § 5-3B-17 in an Independent Adoption.

(2) Guardianship The court may hold a hearing on the merits of a consensual Private Agency Guardianship petition.

(b) Adoption

(1) Persons Present at Hearing Unless excused for good cause shown, each petitioner and the person to be adopted shall be present at the hearing on the merits in an adoption action. The hearing shall be conducted out of the presence of all persons other than the petitioners, the person to be adopted, those persons whose presence is consented to by all petitioners, and those persons whose presence the court deems necessary or desirable. Notice of a hearing sent to an individual who consented to the adoption pursuant to Rule 9-102 does not entitle that individual to attend the hearing.

Committee note: Social policy against public disclosure of adoption proceedings compels all hearings to be as private as possible. This Rule leaves to the discretion of the trial court the extent to which this consideration must be relaxed in the interest of fair trial.

**(2) Considerations ** In ruling on a petition for adoption, the court shall make the considerations required by Code, Family Law Article:

(A) § 5-337 in a Public Agency Adoption without Prior TPR;

(B) § 5-349 in a Public Agency Adoption after TPR;

(C) § 5-3A-34 in a Private Agency Adoption; or

(D) § 5-3B-19 in an Independent Adoption.

**(3) Findings by the Court ** In an adoption action, the court shall determine on the record whether:

(A) Necessary consents have been filed;

(B) Any required consents have been revoked;

(C) Appropriate notices have been served;

(D) Any investigative reports have been filed;

(E) All questioned or disputed issues have been resolved;

(F) In a nonconsensual independent adoption, whether the findings required by Code, Family Law Article, § 5-3B-21 have been met;

(G) The adoptive parents are fit and proper to be the parents of the person to be adopted;

(H) The best interests of the person to be adopted will be served by the adoption; and

(I) Other appropriate matters have been resolved

Committee Notes

Cross reference: Rules 9-111 (b) and 9-112 (a). Cross reference: See Code, Family Law Article, §§ 5-337 as to a Public Agency Adoption without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-34 as to a Private Agency Adoption; and 5-3B-19, 5-3B-22, and 5-3B-23 as to an Independent Adoption. Source: This Rule is in part derived from former Rule D77 and is in part new. Cross reference: Rules 9-111 (b) and 9-112 (a). Cross reference: See Code, Family Law Article, §§ 5-337 as to a Public Agency Adoption without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-34 as to a Private Agency Adoption; and 5-3B-19, 5-3B-22, and 5-3B-23 as to an Independent Adoption. Source: This Rule is in part derived from former Rule D77 and is in part new. Cross reference: Rules 9-111 (b) and 9-112 (a). Cross reference: See Code, Family Law Article, §§ 5-337 as to a Public Agency Adoption without Prior TPR; 5-349 as to a Public Agency Adoption after TPR; 5-3A-34 as to a Private Agency Adoption; and 5-3B-19, 5-3B-22, and 5-3B-23 as to an Independent Adoption. Source: This Rule is in part derived from former Rule D77 and is in part new.