In re M.A.

1

IN RE: ADOPTION OF M.A.

No. 240-2023

Court of Special Appeals of Maryland

August 22, 2023

UNREPORTED^[*]

IN THE APPELLATE COURT OF MARYLAND^[**]

Circuit Court for Prince George's County Case No.: CAA19-2533

Graeff, Berger, Eyler, James R. (Senior Judge, Specially Assigned), JJ.

OPINION

Berger, J.

On May 20, 2022, the Circuit Court for Prince George's County granted the petition of appellant Naana Larbi Faakye ("Mother") to adopt M.A. ("Child"), who was born in Ghana on August 29, 2005. Later that same day, Mother moved to retroactively date the adoption order before the Child's sixteenth birthday, in order to make him eligible to apply for permanent residency and citizenship under federal immigration laws, as the adopted child of a naturalized citizen. See 8 U.S.C. § 1101(b)(1)(E)(i); Ojo v. Lynch, 813 F.3d 533 (4th Cir. 2016).

In this unopposed appeal, Mother challenges the circuit court's denial of her motion seeking an order nunc pro tunc. Pointing out that she initiated adoption proceedings on January 15, 2019, when the Child was only 13 years old, but that a series of "delays attributed primarily to COVID and administrative" matters that were "inherent in the court's handling of this case" stretched the adoption timeline over four years, Mother contends that "there was no reason why the Court in this case denied" her motion to make the adoption order of May 20, 2022, effective nunc pro tunc to a date before the Child's sixteenth birthday on August 29, 2021, "other than for abuse of its discretion."

Because we are unable to discern the court's rationale from the record before us, we also are unable to determine whether the court abused its discretion. Consequently, we will remand under Md. Rule 8-604(d)(1), without affirming or reversing, for the circuit court to clarify and reconsider its order in light of the principles and questions that follow.^[1]

FACTUAL BACKGROUND

We present pertinent facts, pleadings, and proceedings in the following timeline:

August 29, 2005 The Child was born in Ghana.

January 15, 2019 Mother, by her attorney filed a PETITION FOR ADOPTION OF A MINOR in the Circuit Court for Prince George's County, accompanied by documents including a certified copy of the Child's entry in the Republic of Ghana's register of births; consents by both natural parents with termination of parental rights Mother's 2017 federal tax return; a summary of the Child's medical examination on October 2, 2018; advise of rights and consent to adoption form signed by the Child on December 24, 2018; a copy of Mother's certificate of marriage to Yaw Faakye on April 15, 2009; a certified copy of M.A.'s entry in Ghana's register of births; and a certified copy of a Marriage Record for Mother's marriage to Yaw Faakye on October 9, 2002.

In her petition, Mother identified herself as the Child's "Aunty and the cousin to [his] mother." "[W]ith the consent of both parents[,]" the Child had been continuously residing with her "since January 15, 2018[.]" He was attending middle school, where he "has excelled" with "A's and B's on his progress report since his enrollment." Mother asserted that she has no criminal record, has supported the Child since his arrival, and had "the moral and financial ability to" continue doing so.

Mother, stating that she married her husband on October 9, 2002, explained that he did "not join[] in the petition for health reasons and believes [Mother] alone is better suited to adopt the minor child."

February 8, 2019 The circuit court clerk advised counsel for Mother in a typewritten note that he was returning an unprocessed check for $185 "because the amount was incorrect."

February 14, 2019 In a handwritten note on the clerk's note, counsel stated, "Sorry for the mix up. Right amount enclosed. 2/14/19[.]"

March 3, 2019 A court stamp on that same document shows it was filed with the court on March 3, 2010. The clerk sent counsel for Mother a "Notice of Filing" stating that her Petition for Adoption was filed on February 8, 2019, but the court's docket shows this as the initial case filing date.

March 25, 2019 A memorandum dated March 22 from the court's Paralegal Manager to counsel for Mother, states that the case was "forwarded to the paralegal unit of the Family Division by the civil clerk's office for the purpose of review" but it appeared to be "lacking certain required documentation which is preventing it from moving forward to be scheduled for a hearing." Without identifying specific deficiencies, the memo states, "Please note that all documents submitted for an adoption matter must be filed in accordance with Maryland Rule 9-103."

April 22, 2019 Mother filed an affidavit dated April 15, 2019, from an attorney representing the Child, who "at the time of the signing of the consent form was 13 years old," stating that he "explained" the notice and request for adoption, then "reviewed the consent form thoroughly[.]" According to the attorney, he "believe[s] that the child agreed to the adoption and has signed the consent form knowingly and voluntarily and not due to duress or coercion."

Mother also filed certified copies of both biological parents' entries in Ghana's register of births, a copy of Mother's 2018 federal income tax return; a medical report on Mother; and a certified copy of Mother's certificate of marriage by the circuit court clerk on October 9, 2002.

June 26, 2019 Mother filed a "MOTION TO SCHEDULE ADOPTION HEARING [OR] IN THE ALTERNATIVE TO APPOINT PETITIONER AS A TEMPORARY GUARDIAN FOR THE MINOR CHILD PENDING ADOPTION." In support, counsel for Mother reviewed the history of the petition and stated "[t]hat on June 13, 2019, . . . while in court [he] inquired about the status from the court clerk and was informed that this file is before the Judge." Counsel averred that the Child "was about to be thrown out of school due to the lack of proper paperwork and or order confirming and or showing that the adoption and or Guardianship is in place." Attached to the motion was a "NONRENEWAL LETTER" dated May 14, 2019, from the Prince George's County Public Schools, stating that unless there was a legal guardianship determination by July 1, 2019, the Child would be withdrawn and unable to re-enroll.

August 16, 2019 Mother filed an "AMENDED PETITION FOR ADOPTION OF A MINOR CHILD AND PETITION FOR TEMPORARY CUSTODY OF THE MINOR CHILD PENDING THE DETERMINATION OF THE CUSTODY IN THIS CASE." The amended petition includes information listed in response to the requirements of specific provisions in Md. Rule 9-103. Mother asserted that she has no other children and was asked to adopt the Child by his "natural mother and father . . . to the extent the natural parents reside in Ghana, West Africa, are unable to care for" him, and that he "has resided with" Mother "since January 15, 2018[.]"

With respect to why Mother's husband "has not joined the petition[,]" Mother stated that she "was married to Yaw Faakye on December 14, 1950 in Accra," and that he was "not joining in the petition primarily for health reasons, and also to the extent [Mother] and spouse are separated from each other and do not reside in the same house." She also attached a certified copy of her certificate of marriage to Mr. Faakye, performed on October 9, 2002, by the Clerk of the Circuit Court for Prince George's County.

Mother filed the Child's signed and witnessed "CONSENT . . . TO INDEPENDENT ADOPTION" stating that he was "13 years old," had met with his lawyer, and "agree[d] to be adopted" by Mother.

Mother also filed a certified copy of her birth certificate and notarized copies of the biological father's and mother's consents to independent adoption with termination of parental rights on November 8, 2018, in the statutorily required form. She resubmitted the Child's and her own medical examination reports and her 2018 federal tax returns, then added her Maryland tax returns.

In addition, Mother filed copies of Memoranda between the court's Paralegal Supervisor and a Law Clerk to the Honorable Sheila R. Tillerson Adams, Chief and Administrative Judge, identifying the attached documents as the "missing" ones requested to be filed in order for the case to be ready to "review for consideration of scheduling[.]" August 27, 2019 Mother filed a "PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND EMERGENCY PETITION FOR AN INITIAL ORDER OF GUARDIANSHIP FOR THE PURPOSE OF REGISTERING MINOR CHILD IN SCHOOL," accompanied by notices to the biological mother and father, as well as to the Specialist in Pupil Accounting for the Prince George's County Public School System. In support, Mother filed signed and certified copies of the consents and additional documents.

August 29, 2019 The Child turned fourteen years old.

December 16, 2019 The court filed a "MEMORANDUM" dated December 10, 2019, from the Law Clerk for Judge Adams to the Paralegal Unit, stating that the "case came up . . . for scheduling review and for review for Temporary Guardianship" but was "missing" an "Original or Certified Copy of the Birth Certificate."

The court also filed a "MEMORANDUM" dated December 11, 2019, from the Paralegal Unit to counsel for Mother, stating that "[t]he Petition for Adoption is missing" that document.

December 23, 2019 Counsel for Mother filed a "LINE ATTACHING ORIGINAL BIRTH CERTIFICATE FOR MINOR CHILD," along with a certified copy of the Entry of the Child's birth in Ghana's register of births, stating that "[t]he filing of this certification now paves the way for a hearing on this adoption case."

February 18, 2020 Judge Adams ordered "that the Office of Family Support Services conduct a review and or investigation into the above-noted case and submit a report of the findings to the Court upon completion."

...