Rule 9-403.Proceedings; duty of court

Last amended July 1, 2024 · Current through June 1, 2026 · Last verified September 8, 2026

In one sentenceRule 9-403 guarantees a parent counsel, sets the scheduling conference and trial deadlines, protects the respondent from any adverse inference for staying silent, and states what the court must find before terminating rights.

Full Text of Rule 9-403

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Parent's Right to Attorney.

(1) Subject to subsections (a)(2) and (3) of this Rule, a parent in an action under the Rules in this Chapter has the right to the assistance of an attorney.

(2) A parent is entitled to the assistance of an attorney at the expense of the Maryland Legal Services Corporation or to an attorney appointed by the court if the parent is indigent.

(3) The court shall (A) refer an unrepresented indigent parent to a qualified grantee of the Maryland Legal Services Corporation for assignment of an attorney, or (B) appoint an attorney for the unrepresented indigent parent.

(b) Scheduling Conference.

(1) The court shall hold a scheduling conference within 60 days after service of the petition.

(2) At the scheduling conference, the court:

(A) shall determine whether there is a criminal action pending that involves the same underlying facts and, if so, whether further proceedings in the termination of parental rights action should be stayed until the criminal action is concluded.

Cross reference: See Code, Family Law Article, § 5-1404(a)(2).

(B) shall advise the respondent that the respondent may refuse to testify or to offer evidence and that no adverse inference will be drawn from the respondent's refusal to testify or offer evidence;

(C) after taking into consideration the best interest of the child, the time needed for discovery, and the interest of justice, shall issue a scheduling order; and

(D) after providing the parents with an opportunity to be heard, may determine temporary custody of the child.

(3) Failure to comply with subsection (b)(2)(A) is not grounds to overturn a finding made under these Rules.

(1) Time.

(A) Subject to subsection (c)(1)(B), the court shall hold a trial on the termination of parental rights within 180 days after an answer to the petition is filed.

(B) Unless both parents agree otherwise or the court finds that it is in the best interest of the child to proceed, if a criminal proceeding involving the same underlying facts is pending at the time an action under the Rules in this Chapter is filed or is commenced after the action is filed, the court may stay all further proceedings until the criminal proceeding is resolved.

(2) Right of Respondent. In an action under the Rules in this Chapter, (A) a respondent may refuse to testify or offer evidence, and (B) no adverse inference may be drawn from that refusal.

(d) Judgment.

(1) When Parental Rights May Be Terminated. Subject to subsection (d)(2) of this Rule, the court may terminate the parental rights of a respondent if, after a trial, the court:

(A) determines that the respondent was served pursuant to Rule 9-402 (g);

(B) (i) finds that the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child or (ii) finds by clear and convincing evidence that the respondent committed an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child; and

(C) finds by clear and convincing evidence that it is in the best interest of the child to terminate the parental rights of the respondent.

(2) When Parental Rights May Not Be Terminated. The court may not terminate parental rights under subsection (d)(1) of this Rule if the parents were married at the time of the conception of the child unless (A) the respondent was convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception of the child, or (B) the parents were separated in accordance with a protective order during the time of the conception of the child and have remained separate and apart since the time of conception.

(e) Effect of Judgment. A judgment terminating parental rights under this Rule terminates completely (1) the respondent's right to custody of, guardianship of, access to, visitation with, and inheritance from the child, and (2) the respondent's responsibility to support the child, including the responsibility to pay child support.

Source: This Rule is new.

End

Amendment History

Maryland publishes each rule’s adoption and amendment record as a bracketed “Credits” note beneath the rule, giving the date of each Rules Order and the date it took effect. It is reproduced verbatim below.

[Adopted Dec. 4, 2018, eff. Jan. 1, 2019. Amended March 1, 2024, eff. July 1, 2024.]

Plain-English Summary

A parent in one of these actions has the right to an attorney, and an indigent parent has that right at public expense: the court must either refer them to a qualified grantee of the Maryland Legal Services Corporation for assignment or appoint an attorney directly. Both parents are covered — the rule speaks of a parent, not of the respondent.

A scheduling conference is held within 60 days after service. There the court must determine whether a criminal action involving the same facts is pending and, if so, whether to stay the termination case until it concludes. It must advise the respondent that they may refuse to testify or offer evidence and that no adverse inference will be drawn. It must issue a scheduling order, weighing the child's best interest, the time needed for discovery and the interest of justice. And it may determine temporary custody after giving the parents an opportunity to be heard. A failure to make the criminal-case determination is not grounds to overturn a finding.

Trial follows within 180 days after an answer is filed — unless a criminal proceeding on the same facts is pending, in which case the court holds off unless both parents agree otherwise or the court finds it in the child's best interest to proceed. The respondent's right to silence is repeated as a substantive protection: they may refuse to testify or offer evidence, and no adverse inference may be drawn.

Termination requires three findings. That the respondent was properly served. That the respondent has been convicted of an act of nonconsensual sexual conduct against the other parent that resulted in the conception — or, failing a conviction, that the court finds by clear and convincing evidence that they committed it. And that termination is in the child's best interest, again by clear and convincing evidence. Where the parents were married at conception, termination is barred unless the further statutory conditions are met.

The judgment is comprehensive. It terminates completely the respondent's right to custody of, guardianship of, access to, visitation with and inheritance from the child — and the respondent's responsibility to support the child. The rights and the obligations end together.

Frequently Asked Questions

Is a parent entitled to a free lawyer in these cases?

An indigent parent is entitled to an attorney at the expense of the Maryland Legal Services Corporation or to one appointed by the court, and the court must either refer them to a qualified grantee or appoint an attorney.

How soon is the trial?

Within 180 days after an answer to the petition is filed — unless a criminal proceeding involving the same facts is pending, in which case the court waits unless both parents agree otherwise or the court finds it in the child's best interest to proceed.

Can the respondent refuse to testify?

Yes, and no adverse inference may be drawn from that refusal. The court must tell the respondent so at the scheduling conference, and the rule repeats it as a substantive right at trial.

What must the court find to terminate parental rights here?

That the respondent was properly served; that the respondent was convicted of the act, or that the court finds by clear and convincing evidence that it was committed; and that termination is in the child's best interest by clear and convincing evidence.

Does termination end child support too?

Yes. A judgment under this rule terminates completely both the respondent's rights in relation to the child and the respondent's responsibility to support the child.

Source & verification. The rule text and amendment history are reproduced verbatim from the Maryland Rules, Title 9 — Family Law Actions (Md. Rule 9-403). Adopted by the Supreme Court of Maryland. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: termination parental rights trial Maryland180 days trial terminationno adverse inference refusal testifyclear and convincing evidence terminationdoes termination end child support