Failed conditional consent during guardianship

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    If a petitioner becomes aware, after a court rules on a petition, that a condition of consent under § 5-3A-18(b) of this subtitle cannot be fulfilled, the petitioner promptly shall:

        (1)    file notice with the court;

        (2)    give notice to all of the other parties;

        (3)    if consent was received from a governmental unit or person who is not a party, give notice to that unit or person; and

        (4)    (i)    if the unit or person enters into a new consent, file the consent with the court;

            (ii)    if the unit or person fails to enter into a new consent, ask the court to set aside the guardianship order; or

            (iii)    if the unit or person cannot be located after exhaustion of the service requirements under § 5-3A-15 of this subtitle, ask the court to determine whether it is in the child’s best interests to continue the guardianship despite the inability to fulfill the condition.


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