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In re Adoption/Guardianship of C.E.

Court of Appeals of Maryland

December 3, 2018

IN RE: ADOPTION/GUARDIANSHIP OF C.E.

          ORDER

          MARY ELLEN BARBERA, CHIEF JUDGE

         WHEREAS, this case having been argued before this Court on June 1, 2018 and thereafter an Opinion having been filed on August 13, 2018, and

         WHEREAS, the Court having considered the motions for reconsideration and the answers filed thereto, in the above entitled case, it is this 3rd day of December, 2018, ORDERED, by the Court of Appeals of Maryland, a majority of the Court concurring, that the motions be, and they are hereby, granted, and it is further

         ORDERED, that the opinion in this case filed on August 13, 2018, be, and it is hereby withdrawn, and it is further

         ORDERED, that supplemental briefing and reargument be scheduled on the following additional issue set forth below:

1. Whether the parental rights of both parents must be terminated in order to grant guardianship under F.L. §§ 5-323(b) and 5-325(a)(1), whether the termination of the parental rights of only one parent is required.
a. See F.L. § 5-323(b), stating "a parent is unfit . . ." and F.L. § 5-325(a)(1), stating "terminating a parent's duties . . ."
and it is further

         ORDERED, that the appellants' supplemental brief(s) shall be filed on or before January 14, 2019, and the appellees' supplemental brief(s) shall be filed on or before February 13, 2019, and it is further

         ORDERED, that the case shall be set for reargument during the March Session of Court.

          Judge Adkins did not participate in the consideration of this matter.

         Concurrence and Dissent

          Watts, J.

         Respectfully, I concur with and dissent from the Court's order. I agree that the opinion issued on August 13, 2018, should be recalled, but I dissent from the Court's order authorizing supplemental briefing and reargument in this case. I concur with the recalling of the opinion because the authorization of the termination of Mother's parental rights in the opinion was, in a word, erroneous.[1] Although the parties, in the motions for reconsideration and responses, mainly focused on the issue of whether a juvenile court may terminate the parental rights of only one parent (C.D., C.E.'s Mother ("Mother")) and not the other (H.E., C.E.'s father ("Father")), and the Court has ordered supplemental briefing on the issue, as I see it, the real question is whether it was proper for this ...


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