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| (b) Each living parent whose parental rights and responsibilities | | have not been terminated or the person who is the legal custodian | | of the unmarried minor consents to the guardianship and the court | | finds that the consent creates a condition that is in the best | interest of the child; or |
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| | | (c) The person or persons whose consent is required under | | subsection (b) do not consent, but the court finds by clear and | | convincing evidence that the person or persons have failed to | | respond to proper notice or a living situation has been created | | that is at least temporarily intolerable for the child even | | though the living situation does not rise to the level of | | jeopardy required for the final termination of parental rights, | | and that the proposed guardian will provide a living situation | that is in the best interest of the child. |
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| | | (d)__The person or persons whose consent is required under | | subsection (b) do not consent, but the court finds by a | | preponderance of the evidence that there is a de facto guardian | | and a demonstrated lack of consistent participation by the | | nonconsenting parent or legal custodian of the unmarried minor.__ | | The court may appoint the de facto guardian as guardian if the | | appointment is in the best interest of the child. |
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| | | A guardian appointed by will as provided in section 5-202 | | whose appointment has not been prevented or nullified under | | section 5-203 has priority over any guardian who may be appointed | | by the court but the court may proceed with an appointment upon a | | finding that the testamentary guardian has failed to accept the | | testamentary appointment within 30 days after notice of the | | guardianship proceeding. |
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| | | If a proceeding is brought under subsection (c) or subsection | | (d), the nonconsenting parent or legal custodian is entitled to | | court-appointed legal counsel if indigent. In a contested | | action, the court may also appoint counsel for any indigent de | | facto guardian, guardian or petitioner when a parent or legal | | custodian has counsel. |
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| | | If a proceeding is brought under subsection (b) or | | (c) or subsection (d), the court may order a parent to pay child | | support in accordance with Title 19-A, Part 3. When the | | Department of Health and Human Services provides child support | | enforcement services, the Commissioner of Health and Human | | Services may designate employees of the department who are not | | attorneys to represent the department in court if a hearing |
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| | | is held. The commissioner shall ensure that appropriate training | | is provided to all employees who are designated to represent the | | department under this paragraph. |
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