Supreme Court of Maryland
In re: T.K.
July 28, 2022480 Md. 122
Summary
The Court held that a juvenile court may award custody under § 3-819(e) only after finding that CINA allegations sufficient to support a disposition were sustained against one, but only one, parent and that the other parent is able and willing to provide proper care. The court must then apply the child’s best-interest standard and provide an evidentiary hearing when material factual disputes remain. Because the juvenile court awarded custody to Father without evidence establishing his ability and willingness to care for T.K. and without allowing Mother to present relevant evidence, the Court reversed and remanded.