reglab/housing_qa huggingface dataset:
MD. Courts and Judicial Proceedings Code Ann. §  3-707 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 7 - Habeas Corpus|Section 3-707 - Application for Leave to Appeal in Regard to Bail

    (a)    If a judge refuses to issue a writ of habeas corpus sought for the purpose of determining the right to bail, or if a judge sets bail claimed to be excessive prior to trial or after conviction, but prior to final judgment, a petitioner may apply to the Court of Special Appeals for leave to appeal from the refusal.    (b)    (1)    A petitioner shall file the application for leave to appeal within ten days after the denial or grant of habeas corpus relief stating briefly why the order of the lower court should be reversed or modified.        (2)    The record on the application for leave to appeal shall contain a copy of the petition for habeas corpus, the State’s answer, if any, the order of the court, and the memorandum of reasons issued by the judge.        (3)    If the Court grants the application, it may order the preparation of a transcript of any proceedings related to the habeas corpus petition.    (c)    (1)    The Court of Special Appeals may grant or deny the application for leave to appeal. If the Court grants the application, it may affirm, reverse, or modify the order of the lower court granting or denying the relief sought by the writ.        (2)    If the Court determines that the lower court was wrong in refusing to admit to bail or that the bail set is not appropriate, it may determine the proper amount of bail. This determination is binding on the lower court, unless a change of circumstances warrants a different decision.
MD. Courts and Judicial Proceedings Code Ann. §  3-802 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-802 - Purposes and Construction of Subtitle

    (a)    The purposes of this subtitle are:        (1)    To provide for the care, protection, safety, and mental and physical development of any child coming within the provisions of this subtitle;        (2)    To provide for a program of services and treatment consistent with the child’s best interests and the promotion of the public interest;        (3)    To conserve and strengthen the child’s family ties and to separate a child from the child’s parents only when necessary for the child’s welfare;        (4)    To hold parents of children found to be in need of assistance responsible for remedying the circumstances that required the court’s intervention;        (5)    Except as otherwise provided by law, to hold the local department responsible for providing services to assist the parents with remedying the circumstances that required the court’s intervention;        (6)    If necessary to remove a child from the child’s home, to secure for the child custody, care, and discipline as nearly as possible equivalent to that which the child’s parents should have given;        (7)    To achieve a timely, permanent placement for the child consistent with the child’s best interests; and        (8)    To provide judicial procedures for carrying out the provisions of this subtitle.    (b)    This subtitle shall be construed liberally to effectuate these purposes.    (c)    (1)    In all judicial proceedings conducted in accordance with this subtitle or § 5-326 of the Family Law Article, the court may direct the local department to provide services to a child, the child’s family, or the child’s caregiver to the extent that the local department is authorized under State law.        (2)    The court shall exercise the authority described in paragraph (1) of this subsection to protect and advance a child’s best interests.
MD. Courts and Judicial Proceedings Code Ann. §  3-803 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-803 - Jurisdiction of Court

    (a)    In addition to the jurisdiction specified in Subtitle 8A of this title, the court has exclusive original jurisdiction over:        (1)    Voluntary placement hearings;        (2)    Proceedings arising from a petition alleging that a child is a CINA;        (3)    Proceedings arising under the Interstate Compact on the Placement of Children;        (4)    Proceedings to terminate parental rights after a CINA proceeding;        (5)    Guardianship review proceedings after a TPR proceeding; and        (6)    Adoption proceedings, if any, after a TPR proceeding.    (b)    (1)    The court has concurrent jurisdiction over:            (i)    Custody, visitation, support, and paternity of a child whom the court finds to be a CINA; and            (ii)    Custody of a child alleged to be a CINA under the circumstances described in § 3-819(d) of this subtitle.        (2)    During pendency of an action under this subtitle, a party has a continuing duty to advise the court and any other court considering custody, support, visitation, or paternity of a child, of the pendency of any other action concerning the child, whether the action is in this or another state.        (3)    (i)    The court may decline to exercise jurisdiction under this subsection if there is a proceeding pending in another court of competent jurisdiction.            (ii)    If the court and another court both have pending actions involving a child described in paragraph (1) of this subsection, the court shall communicate with the other court expeditiously to determine the more appropriate court to take further action, consistent with the best interest of the child.            (iii)    The court shall advise the parties of the decision and the basis for the decision.    (c)    (1)    The court has concurrent jurisdiction over proceedings against an adult for a violation of § 3-828 of this subtitle.        (2)    (i)    The court may waive its jurisdiction under this subsection on its own motion or on the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court.            (ii)    On motion by the State’s Attorney or the adult charged under § 3-828 of this subtitle, the court shall waive its jurisdiction and the adult shall be tried in the criminal court according to the usual criminal procedure.        (3)    The age of the child at the time a petition is filed under § 3-828 of this subtitle controls the determination of jurisdiction under this subsection.
MD. Courts and Judicial Proceedings Code Ann. §  3-804 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-804 - Continuing Jurisdiction; Termination of Jurisdiction

    (a)    (1)    Except as provided in paragraph (2) of this subsection, the court has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary placement is under the age of 18 years when the petition is filed.        (2)    The court has jurisdiction under this subtitle over a former CINA:            (i)    Whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and            (ii)    Who did not exit foster care due to reunification, adoption, guardianship, marriage, or military duty.    (b)    If the court obtains jurisdiction over a child, that jurisdiction continues in that case until the child reaches the age of 21 years, unless the court terminates the case.    (c)    After the court terminates jurisdiction, a custody order issued by the court in a CINA case:        (1)    Remains in effect; and        (2)    May be revised or superseded only by another court of competent jurisdiction.    (d)    Notwithstanding subsection (b) of this section, if the court enters an order directing the provision of services to a child under § 3–819(c)(3) or § 3–823(h)(2)(vii) of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.
MD. Courts and Judicial Proceedings Code Ann. §  3-805 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-805 - Venue

    (a)    (1)    A petition alleging that a child is a CINA shall be filed in the county where:            (i)    The child is residing when the petition is filed; or            (ii)    The act on which the petition is based allegedly occurred.        (2)    A voluntary placement petition shall be filed in the county where:            (i)    The parent or legal guardian resides;            (ii)    The former CINA’s commitment to the local department was rescinded; or            (iii)    The former CINA receives voluntary placement services.    (b)    (1)    Whenever a petition is filed other than in the county where the child resides, the court, on its own motion or on motion of a party, may transfer the case at any time to any appropriate county, including a county where:            (i)    Another case involving custody, visitation, or support of the child is pending;            (ii)    The child resides;            (iii)    A parent of the child resides; or            (iv)    The court determines it is in the child’s best interests for further proceedings concerning the child to take place.        (2)    (i)    Before the court transfers a case to another court in the State, the court shall communicate with the juvenile judge of the other court or the judge’s designee.            (ii)    The court shall advise the parties of the decision made to transfer the case and the basis for the decision.        (3)    Before the court transfers a case to a court outside the State, the court shall communicate with the other court in accordance with the Maryland Uniform Child Custody Jurisdiction Act.        (4)    (i)    Within 15 days after the court orders a transfer, the clerk of the sending court shall forward to the receiving court every document on file with the sending court.            (ii)    If a case is transferred to another court in this State, the receiving court shall treat the case as if it had been filed with that court initially and shall set hearing dates as close as practicable to those set forth in any pending orders issued by the sending court.    (c)    If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.
MD. Courts and Judicial Proceedings Code Ann. §  3-806 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-806 - Assignment of Judges; Qualifications

    (a)    (1)    In every county, one or more judges shall be assigned specially to handle cases arising under this subtitle and Subtitle 8A of this title.        (2)    The assignment shall be made by the circuit administrative judge, subject to the approval of the Chief Judge of the Court of Appeals.        (3)    The judges so assigned are not subject to an automatic regular rotation.    (b)    To the extent feasible, the judges assigned under this section shall:        (1)    Desire to be so assigned;        (2)    Have the temperament necessary to deal properly with the cases and children likely to come before the court; and        (3)    Have special experience or training in juvenile causes and the problems of children likely to come before the court.
MD. Courts and Judicial Proceedings Code Ann. §  3-807 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-807 - Magistrate for Juvenile Causes

    (a)    (1)    The judges of a circuit court may not appoint a magistrate for juvenile causes arising under this subtitle and Subtitle 8A of this title unless the appointment and the appointee are approved by the Chief Judge of the Court of Appeals.        (2)    The standards expressed in § 3–806(b) of this subtitle, with respect to the assignment of judges, are applicable to the appointment of magistrates.        (3)    A magistrate, at the time of appointment and at all times while serving as a magistrate, shall be a member in good standing of the Maryland Bar.    (b)    (1)    A magistrate appointed for juvenile causes may conduct hearings.        (2)    Each proceeding shall be recorded, and the magistrate shall make findings of fact, conclusions of law, and recommendations as to an appropriate order.        (3)    The proposals and recommendations shall be in writing, and, within 10 days after the hearing, the original shall be filed with the court and a copy served on each party to the proceeding.    (c)    (1)    Any party, in accordance with the Maryland Rules, may file written exceptions to any or all of the magistrate’s findings, conclusions, and recommendations, but shall specify those items to which the party objects.        (2)    The party who files exceptions may elect a hearing de novo or a hearing on the record before the court unless the party is the State in proceedings involving juvenile delinquency under Subtitle 8A of this title.        (3)    If the State is the excepting party in proceedings involving juvenile delinquency, the hearing shall be on the record, supplemented by additional evidence as the judge considers relevant and to which the parties raise no objection.        (4)    In either case, the hearing shall be limited to those matters to which exceptions have been taken.    (d)    (1)    The proposals and recommendations of a magistrate for juvenile causes do not constitute orders or final action of the court.        (2)    The proposals and recommendations shall be promptly reviewed by the court, and, in the absence of timely and proper exceptions, they may be adopted by the court and appropriate orders entered based on them.        (3)    Detention, community detention, or shelter care may be ordered by a magistrate pending court review of the magistrate’s findings, conclusions, and recommendations.    (e)    If the court, on its own motion and in the absence of timely and proper exceptions, decides not to adopt the magistrate’s findings, conclusions, and recommendations, or any of them, the court shall conduct a de novo hearing, unless all parties and the court agree to a hearing on the record.
MD. Courts and Judicial Proceedings Code Ann. §  3-808 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-808 - Cases to Be Tried Without Jury

    The court shall try cases under this subtitle without a jury.
MD. Courts and Judicial Proceedings Code Ann. §  3-809 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-809 - Filing of Petition; Notice for Decision Not to File; Request for Review

    (a)    On receipt of a complaint from a person or agency having knowledge of facts which may cause a child to be subject to the jurisdiction of the court under this subtitle, the local department shall file a petition under this subtitle if it concludes that the court has jurisdiction over the matter and that the filing of a petition is in the best interests of the child.    (b)    Within 5 days after reaching a decision not to file a petition, the local department shall inform in writing the following persons of the decision and the reasons for the decision:        (1)    A child over the age of 10 who would have been the subject of the petition, if appropriate;        (2)    The parent, guardian, or custodian of the child who would have been the subject of the petition; and        (3)    Each person or agency that requested that a petition be filed.    (c)    Within 15 days after notice that a local department has decided not to file a petition, the person or agency that requested that a petition be filed may request review by the Secretary of Human Services.    (d)    Within 15 days after a request for review is received, the Secretary of Human Services or the Secretary’s designee, in consultation with the director of the local department, shall review the report and may direct the local department to file a petition within 5 days.    (e)    If the Secretary of Human Services or the Secretary’s designee refuses to direct the local department to file a petition, the person or agency that filed the complaint under subsection (a) of this section or caused it to be filed may file the petition.
MD. Courts and Judicial Proceedings Code Ann. §  3-810 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-810 - Form of Pleadings; Procedures; Confidentiality

    (a)    (1)    Except as otherwise provided in this subtitle, the Maryland Rules govern the format of a petition and of other pleadings and the procedures to be followed by the court and parties under this subtitle.        (2)    Each document that a local department serves on a parent under this subtitle shall include information about the website that the Department of Human Services maintains under § 2–302 of the Human Services Article.    (b)    (1)    In any proceeding in which a child is alleged to be in need of assistance or in any voluntary placement hearing, the court may exclude the general public from a hearing and admit only those persons having a direct interest in the proceeding and their representatives.        (2)    The court shall exclude the general public from a hearing where the proceedings involve discussion of confidential information from the child abuse and neglect report and record, or any information obtained from the child welfare agency concerning a child or family who is receiving Title IV–B child welfare services or Title IV–E foster care or adoption assistance.    (c)    The clerk of the court shall make a separate file for each case.
MD. Courts and Judicial Proceedings Code Ann. §  3-811 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-811 - Content of Petition

    (a)    (1)    A CINA petition under this subtitle shall allege that a child is in need of assistance and shall set forth in clear and simple language the facts supporting that allegation.        (2)    A voluntary placement petition under this subtitle shall allege that continuation of a voluntary placement is in the best interests of the child or former CINA and shall set forth in clear and simple language the facts supporting that allegation.    (b)    A separate petition shall be filed as to each child.
MD. Courts and Judicial Proceedings Code Ann. §  3-813 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-813 - Right to Counsel

    (a)    Except as provided in subsections (b) and (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle.    (b)    Except for the local department and the child who is the subject of the petition, a party is not entitled to the assistance of counsel at State expense unless the party is:        (1)    Indigent; or        (2)    Otherwise not represented and:            (i)    Under the age of 18 years; or            (ii)    Incompetent by reason of mental disability.    (c)    The Office of the Public Defender may not represent a party in a CINA proceeding unless the party:        (1)    Is the parent or guardian of the alleged CINA;        (2)    Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and        (3)    Is financially eligible for the services of the Public Defender.    (d)    (1)    A child who is the subject of a CINA petition shall be represented by counsel.        (2)    Unless the court finds that it would not be in the best interests of the child, the court shall:            (i)    Appoint an attorney with whom the Department of Human Services has contracted to provide those services, in accordance with the terms of the contract; and            (ii)    If another attorney has previously been appointed, strike the appearance of that attorney.    (e)    In addition to, but not instead of, the appointment of an attorney under this section, the court, in any action, may appoint an individual provided by a Court–Appointed Special Advocate Program created under § 3–830 of this subtitle.    (f)    The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a child in an action under this subtitle.
MD. Courts and Judicial Proceedings Code Ann. §  3-814 (2021)
2021 Maryland Statutes|Courts and Judicial Proceedings|Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action|Subtitle 8 - Juvenile Causes -- Children in Need of Assistance|Section 3-814 - Taking Child Into Custody

    (a)    A child may be taken into custody under this subtitle by any of the following methods:        (1)    In accordance with an order of the court;        (2)    In accordance with § 5-709 of the Family Law Article; or        (3)    By a law enforcement officer if the officer has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection.    (b)    Whenever a law enforcement officer takes a child into custody under this section, the officer shall:        (1)    Immediately notify the child’s parent, guardian, or custodian;        (2)    Immediately notify the local department; and        (3)    Keep custody only until the local department either takes custody under § 3-815 of this subtitle or authorizes release of the child unless the officer determines that it is safe to return the child to the child’s parent, custodian, or guardian.    (c)    (1)    If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may issue a writ of attachment directing that the child be taken into custody and brought before the court.        (2)    The court may proceed against the parent, guardian, or custodian for contempt.