Notice under this subsection need not be given to a person listed in this subsection whose parental rights have been terminated.

(c)__Written notice of a hearing on a petition to appoint a de facto guardian as guardian of a child must be given to the Department of Health and__Human Services if either parent receives public assistance, the petitioner receives public assistance on behalf of the child or either parent receives child support enforcement services or applies for public assistance or child support enforcement services after a petition under this section is filed.__Notice to the department must include a copy of the petition.

(d)__Appointment of a guardian under this section without a hearing is permitted if both parents consent by stipulation or agreement that it is in the best interests of the child for the de facto guardian to be appointed the guardian of the child.__If either parent receives public assistance, the petitioner receives public assistance on behalf of the child or either parent receives child support enforcement services, the petitioner must notify the Department of Health and Human Services of the stipulation or agreement under this subsection.

(e)__To establish that the petitioner is a de facto guardian, the petitioner must:

(1)__Show by clear and convincing evidence that the petitioner satisfies the definition of de facto guardian in section 5-251; and

(2)__Prove by a preponderance of the evidence that it is in the best interests of the child that the de facto guardian be appointed the guardian of the child.

(f)__The court shall appoint the de facto guardian as the guardian of the child if the court determines the appointment is in the best interests of the child, consistent with section 5- 253.__To the extent not inconsistent with this Part, Part 2 applies to the appointment and powers of and other proceedings concerning the de facto guardian as the child's guardian.

(g)__The court may order any responsible person to pay child support in accordance with the child support guidelines under Title 19-A, chapter 63.

(h)__In a contested action, the court may appoint counsel,