reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-14.1 - Taking Child Into Custody -- Arrest Warrant

(a)    After an inquiry conducted in accordance with § 3–8A–10 of this subtitle, an intake officer may file with the court an application for an arrest warrant prepared by a law enforcement officer.
(b)    An application for an arrest warrant under this section shall be:
(1)    In writing;
(2)    Signed and sworn to by the law enforcement officer; and
(3)    Accompanied by an affidavit that sets forth the basis for there being probable cause to believe that:
(i)    The child who is the subject of the warrant has committed a delinquent act; and
(ii)    Unless the child who is the subject of the warrant is taken into custody, the child:
1.    Is likely to leave the jurisdiction of the court;
2.    May not be apprehended;
3.    May cause physical injury or property damage to another; or
4.    May tamper with, dispose of, or destroy evidence.
(c)    An arrest warrant requested under subsection (a) of this section may only be issued by the court on a finding of probable cause and shall direct the law enforcement officer to take immediate custody of the child.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-16 - Transfer to Other Facilities

(a)    The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court or the intake officer immediately when a person, who is or appears to be under the age of 18 years, is received at the facility and shall deliver him to the court upon request or transfer him to the facility designated by the intake officer or the court, unless the court has waived its jurisdiction with respect to the person and he is being proceeded against as an adult.
(b)    When a case is transferred to another court for criminal prosecution, the child shall promptly be transferred to the appropriate officer or adult detention facility in accordance with the law governing the detention of persons charged with crime.
(c)    A child may not be transported together with adults who have been charged with or convicted of a crime unless the court has waived its jurisdiction and the child is being proceeded against as an adult.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-16.1 - Blood Lead Level Testing

(a)    After a petition has been filed with the court under this subtitle, but before an adjudication, the court may order the child to undergo blood lead level testing.
(b)    A copy of the results of a test performed under subsection (a) of this section shall be provided to:
(1)    The child;
(2)    The child’s parent or guardian;
(3)    The child’s counsel; and
(4)    The State’s Attorney.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17 - Study and Examination of Child, Etc

(a)    After a petition or a citation has been filed with the court under this subtitle, the court may direct the Department of Juvenile Services or another qualified agency to make a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case.
(b)    As part of a study under this section, the child or any parent, guardian, or custodian may be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified person.
(c)    The report of a study under this section is admissible as evidence at a waiver hearing and at a disposition hearing, but not at an adjudicatory hearing. However, the attorney for each party has the right to inspect the report prior to its presentation to the court, to challenge or impeach its findings and to present appropriate evidence with respect to it.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.1 - Evaluation of Child's Mental Condition

(a)    (1)    At any time after a petition alleging that a child has committed a delinquent act is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall stay all proceedings and order that the Maryland Department of Health or any other qualified expert conduct an evaluation of the child’s competency to proceed if the court finds that:
(i)    There is probable cause to believe that the child has committed the delinquent act; and
(ii)    There is reason to believe that the child may be incompetent to proceed with a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing.
(2)    An evaluation ordered under paragraph (1) of this subsection shall be performed by a qualified expert.
(3)    This subsection may not be construed to prohibit the State or the child from calling other expert witnesses to testify at a competency hearing.
(b)    Any motion questioning the child’s competency to proceed, and any subsequent legal pleading relating to the child’s competency to proceed, shall be served on the child’s counsel, the State’s Attorney, the Department of Juvenile Services, and the Maryland Department of Health.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.2 - Evaluation of Child's Mental Condition -- Scope

(a)    The court shall set and may change the conditions under which the examination is to be conducted.
(b)    On consideration of the nature of the petition, the court may require the examination to be conducted on an outpatient basis if the child was previously detained under § 3–8A–15 of this subtitle and shall require the examination to be conducted on an outpatient basis if the child was not previously detained under § 3–8A–15 of this subtitle.
(c)    (1)    If a child was previously detained under § 3–8A–15 of this subtitle, the court may order the child to continue to be detained beyond any period specified in § 3–8A–15 of this subtitle until the examination is completed.
(2)    If the court finds it appropriate for the health or safety of the child, or for the safety of others, the court may order confinement of the juvenile, pending the examination, in a medical facility that the Maryland Department of Health designates as appropriate.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.4 - Competency Hearing

(a)    (1)    Except as provided in paragraph (2) of this subsection, within 15 days after receipt of a report of a qualified expert, the court shall hold a competency hearing.
(2)    On good cause shown, the court may extend the time for holding the competency hearing for an additional 15 days.
(b)    At the competency hearing, the court shall determine, by evidence presented on the record, whether the juvenile is incompetent to proceed.
(c)    Findings of fact shall be based on the evaluation of the child by the qualified expert.
(d)    The State shall bear the burden of proving the child’s competency beyond a reasonable doubt.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.5 - Competency Hearing -- Finding of Competency

At a competency hearing, if the court determines that the child is competent, the court shall enter an order stating that the child is competent, lift the stay imposed under § 3-8A-17.1 of this subtitle, and proceed with the delinquency petition or violation of probation petition in accordance with the time periods specified in this subtitle and in the Maryland Rules.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.6 - Competency Hearing -- Finding of Incompetency -- Competency Attainment

(a)    At a competency hearing, if the court determines that the child is incompetent to proceed, but that there is a substantial probability that the child may be able to attain competency in the foreseeable future and that services are necessary to attain competency, the court may order the Maryland Department of Health to provide competency attainment services for the child for an initial period of not more than 90 days.
(b)    Any competency attainment services shall be provided in the least restrictive environment.
(c)    Subject to subsection (d) of this section, the court may order a child to be placed in a facility for children if:
(1)    The child is detained under § 3–8A–15 of this subtitle at the time of the competency hearing; and
(2)    The court finds after a hearing on the issue that:
(i)    Placement in a facility is necessary to protect the child or others, or the child is likely to leave the jurisdiction of the court; and
(ii)    No less restrictive alternative placement is available that will protect the child or the community or prevent the child from leaving the jurisdiction of the court.
(d)    A child may not be:
(1)    Unless the child’s individualized treatment plan developed under § 10–706 of the Health – General Article otherwise indicates, provided services in any group with persons who are at least 18 years old;
(2)    Placed in a detention facility; or
(3)    Placed in a psychiatric hospital, except in accordance with Title 10, Subtitle 6 of the Health – General Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.7 - Competency Hearing -- Finding of Incompetency -- Evaluations or Dismissal

(a)    At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, has a mental disorder, as defined in § 10-620 of the Health - General Article, and is a danger to the life or safety of the child or others, the court may order a petition for emergency evaluation under § 10-622 of the Health - General Article.
(b)    At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, and has a developmental disability, as defined in § 7-101 of the Health - General Article, the court may order the Developmental Disabilities Administration to evaluate the child within 30 days to determine the child’s eligibility for services under Title 7 of the Health - General Article.
(c)    At a competency hearing, if the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court:
(1)    May dismiss the delinquency petition or violation of probation petition; and
(2)    After the expiration of the time periods for dismissal specified in § 3-8A-17.9 of this subtitle, shall dismiss the delinquency petition or violation of probation petition.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.8 - Competency Attainment Services and Reporting

(a)    If the court orders the Maryland Department of Health to provide competency attainment services under § 3–8A–17.6 of this subtitle, the Maryland Department of Health shall file a written report with the court, with notice to counsel of the submission of the report, within 90 days after the court order, stating whether, in the opinion of the Department, the child:
(1)    Has attained competency;
(2)    Remains incompetent to proceed, but may be able to attain competency in the foreseeable future; or
(3)    Remains incompetent to proceed, and is unlikely to attain competency in the foreseeable future.
(b)    (1)    The court shall hold a competency hearing in accordance with § 3–8A–17.4 of this subtitle within 15 days after the court receives the report described in subsection (a) of this section.
(2)    For good cause shown, the hearing date may be continued for a reasonable period of time.
(c)    (1)    At the competency hearing, if the court determines that the child is competent, the court shall proceed in accordance with § 3–8A–17.5 of this subtitle.
(2)    Case management and supervision of the child shall be transferred to the Department of Juvenile Services to continue proceedings under this subtitle.
(3)    (i)    Subject to the time periods for dismissal of the case specified in § 3–8A–17.9 of this subtitle, if the court determines that the child remains incompetent to proceed, but may be able to attain competency in the foreseeable future, the court may order that services be continued in increments of not more than 6 months.
(ii)    Within 6 months after the court orders additional services under subparagraph (i) of this paragraph, the Maryland Department of Health shall file a written report as described in subsection (a) of this section.
(iii)    1.    The court shall hold a competency hearing in accordance with § 3–8A–17.4 of this subtitle within 15 days after the court receives the report described in subparagraph (ii) of this paragraph.
2.    For good cause shown, the hearing date may be continued for a reasonable period of time.
(4)    If the court determines that the child remains incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court shall proceed in accordance with § 3–8A–17.7 of this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.9 - Time Limits for Dismissals

The court shall dismiss the delinquency petition or the violation of probation petition if the child has not attained competency within:
(1)    18 months after the date of the finding of incompetency if the child is alleged to have:
(i)    Except as provided in item (2) of this section, committed an act that would be a felony if committed by an adult; or
(ii)    Committed an act in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the Public Safety Article or § 4–203, § 4–204, or § 4–205 of the Criminal Law Article; or
(2)    6 months after the date of the finding of incompetency if the child is alleged to have:
(i)    Committed an act other than an act specified in item (1)(ii) of this section that would be a misdemeanor if committed by an adult; or
(ii)    Committed an act that would be a felony if committed by an adult over which the District Court has exclusive original jurisdiction under Title 4, Subtitle 3 of this article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.10 - Hearing on Other Matters

(a)    At any time before an adjudication under this subtitle, a hearing on a preliminary motion on another issue, including an objection to the sufficiency of the petition, may be conducted without the child being present if the child’s testimony is not required.
(b)    (1)    Except as provided in paragraph (2) of this subsection, any statement made by the child or information elicited during a competency hearing, in connection with the determination of competency, or while services are being provided under this subtitle, and any report prepared by a qualified expert, may not be admitted in evidence in any proceeding except a proceeding relating to the child’s competency to proceed.
(2)    Paragraph (1) of this subsection does not apply if the counsel for the child introduces the report of the qualified expert, or any part of it, in any hearing other than a competency hearing.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-17.12 - Regulations

The secretaries of Health, Human Services, and Juvenile Services, and the State Superintendent of Schools shall jointly adopt regulations to carry out the provisions of this subtitle relating to competency.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-18 - Adjudication

(a)    The provisions of this section do not apply to a peace order request or a peace order proceeding.
(b)    After a petition or citation has been filed with the court under this subtitle, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing.
(c)    (1)    Before a child is adjudicated delinquent, the allegations in the petition that the child has committed a delinquent act must be proved beyond a reasonable doubt.
(2)    Before a child is found to have committed the violation charged in a citation, the allegations in the citation must be proved beyond a reasonable doubt.
(d)    If an adult is charged under this subtitle, the allegations must be proved beyond a reasonable doubt.
(e)    In all other cases under this subtitle the allegations must be proved by a preponderance of the evidence.
(f)    A court may issue a body attachment for witnesses as provided by Maryland Rule 4–267, if:
(1)    The witness is at least 18 years old; and
(2)    The case was transferred to the court under § 4–202 of the Criminal Procedure Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-19.1 - Peace Order Request -- Grounds

(a)    In this section and in §§ 3–8A–19.2, 3–8A–19.3, and 3–8A–19.4 of this subtitle, “victim” means an individual against whom an act described in subsection (b) of this section is committed or alleged to have been committed.
(b)    (1)    Except as provided in paragraph (2) of this subsection, after an inquiry conducted in accordance with § 3–8A–10 of this subtitle, an intake officer may file with the court a peace order request that alleges the commission of any of the following acts against a victim by the respondent, if the act occurred within 30 days before the filing of the complaint under § 3–8A–10 of this subtitle:
(i)    An act that causes serious bodily harm;
(ii)    An act that places the victim in fear of imminent serious bodily harm;
(iii)    Assault in any degree;
(iv)    Rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree;
(v)    False imprisonment;
(vi)    Harassment under § 3–803 of the Criminal Law Article;
(vii)    Stalking under § 3–802 of the Criminal Law Article;
(viii)    Trespass under Title 6, Subtitle 4 of the Criminal Law Article;
(ix)    Malicious destruction of property under § 6–301 of the Criminal Law Article;
(x)    Misuse of telephone facilities and equipment under § 3–804 of the Criminal Law Article;
(xi)    Misuse of electronic communication or interactive computer service under § 3–805 of the Criminal Law Article;
(xii)    Revenge porn under § 3–809 of the Criminal Law Article; or
(xiii)    Visual surveillance under § 3–901, § 3–902, or § 3–903 of the Criminal Law Article.
(2)    After a review conducted in accordance with § 3–8A–10(c)(4)(ii) of this subtitle, the State’s Attorney may file with the court a peace order request that meets the requirements of paragraph (1) of this subsection.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-19.2 - Peace Order Request -- Hearing; Forms of Relief

(a)    In this section, “residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.
(b)    (1)    If a peace order request is filed under § 3-8A-19.1(b) of this subtitle, the respondent shall have an opportunity to be heard on the question of whether the court should issue a peace order.
(2)    If the court finds by clear and convincing evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3-8A-19.1(b) of this subtitle against the victim, or if the respondent consents to the entry of a peace order, the court may issue a peace order to protect the victim.
(c)    (1)    The peace order may include any or all of the following relief:
(i)    Order the respondent to refrain from committing or threatening to commit an act specified in § 3-8A-19.1(b) of this subtitle against the victim;
(ii)    Order the respondent to refrain from contacting, attempting to contact, or harassing the victim;
(iii)    Order the respondent to refrain from entering the residence of the victim;
(iv)    Order the respondent to remain away from the place of employment, school, or temporary residence of the victim; and
(v)    Direct the respondent or the victim to participate in professionally supervised counseling.
(2)    If the court issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the victim.
(3)    All relief granted in a peace order shall be effective for the period stated in the order, not to exceed 6 months.
(4)    If the court issues an order under this section, the court may impose reasonable court costs against a respondent, or the respondent’s parent, guardian, or custodian.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-19.3 - Peace Order Request -- Service

(a)    A copy of the peace order shall be served on the victim, the respondent, the appropriate law enforcement agency, and any other person the court determines is appropriate, in open court or, if the person is not present at the peace order hearing, by first-class mail to the person’s last known address.
(b)    (1)    A copy of the peace order served on the respondent in accordance with subsection (a) of this section constitutes actual notice to the respondent of the contents of the peace order.
(2)    Service is complete upon mailing.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-19.4 - Peace Order Request -- Modification or Rescission

The court may modify or rescind the peace order during the term of the peace order after:
(1)    Giving notice to the victim and the respondent; and
(2)    A hearing.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-19.5 - Peace Order Request -- Violations

(a)    A violation of any of the provisions of a peace order specified in § 3-8A-19.2(c)(1)(i), (ii), (iii), or (iv) of this subtitle is a delinquent act.
(b)    A law enforcement officer shall take into custody a child whom the officer has probable cause to believe is in violation of a peace order in effect at the time of the violation.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-19.7 - Child Not to Be Placed in Facility for Technical Violation

(a)    In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of this subtitle.
(b)    A child may not be placed in a facility used for detention for a technical violation.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-21 - Emergency Medical Treatment

The court may order emergency medical, dental, or surgical treatment of a child alleged to be suffering from a condition or illness which, in the opinion of a licensed physician or dentist, as the case may be, requires immediate treatment, if the child’s parent, guardian, or custodian is not available or, without good cause, refuses to consent to the treatment.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-22 - Limitations on Place of Commitment

(a)    A child may not be detained at, or committed or transferred to, a correctional facility, as defined in § 1-101 of the Correctional Services Article, except in accordance with § 3-8A-16 of this subtitle.
(b)    A child who is not delinquent may not be committed or transferred to a facility used for the confinement of delinquent children.
(c)    Unless an individualized treatment plan developed under § 10-706 of the Health - General Article indicates otherwise:
(1)    A child may not be committed or transferred to any public or private facility or institution unless the child is placed in accommodations that are separate from other persons 18 years of age or older who are confined to that facility or institution; and
(2)    The child may not be treated in any group with persons who are 18 years of age or older.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-24 - Effective Period of Order of Commitment; Renewal of Order

(a)    Except as provided in subsections (b) and (c) of this section, an order under this subtitle vesting legal custody in an individual, agency, or institution is effective for an indeterminate period of time.
(b)    An order providing for custody of a child adjudicated delinquent or in need of supervision may not exceed three years from the date entered. However, the court may renew the order upon its own motion, or pursuant to a petition filed by the individual, institution, or agency having legal custody after notice and hearing as prescribed by the Maryland Rules.
(c)    An order under this section is not effective after the child becomes 21 years old.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-25 - Progress Reports

If a child is committed under this subtitle to an individual or to a public or private agency or institution:
(1)    The juvenile counselor shall visit the child at the child’s placement no less than once every month, if the placement is in the State;
(2)    The court may order the juvenile counselor to visit the child more frequently than required by item (1) of this section if the court deems it to be in the child’s best interests; and
(3)    The court may require the custodian to file periodic written progress reports, with recommendations for further supervision, treatment, or rehabilitation.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-26 - Order Controlling Conduct of Person Before Court

Pursuant to the procedure provided in the Maryland Rules, the court may make an appropriate order directing, restraining, or otherwise controlling the conduct of a person who is properly before the court under this subtitle, if:
(1)    The court finds that the conduct:
(i)    Is or may be detrimental or harmful to a child over whom the court has jurisdiction;
(ii)    Will tend to defeat the execution of an order or disposition made or to be made; or
(iii)    Will assist in the rehabilitation of or is necessary for the welfare of the child; and
(2)    Notice of the application or motion and its grounds has been given as prescribed by the Maryland Rules.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-28 - Judgment of Restitution

The court may enter a judgment of restitution against the parent of a child, the child, or both as provided under Title 11, Subtitle 6 of the Criminal Procedure Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-29 - Court Ordered Payment

A court may not order a parent, guardian, custodian, or child to pay:
(1)    A fine, fee, or cost under this subtitle; or
(2)    A sum of money to cover the support of a child under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-30 - Contributing to Certain Conditions of Child

(a)    It is unlawful for an adult willfully to contribute to, encourage, cause or tend to cause any act, omission, or condition which results in a violation, renders a child delinquent or in need of supervision.
(b)    A person may be convicted under this section even if the child has not been found to have committed a violation or adjudicated delinquent or in need of supervision. However, the court may expunge a delinquent adjudication from the child’s record and enter it as a finding in the adult’s case.
(c)    An adult convicted under this section is subject to a fine of not more than $2,500 or imprisonment for not more than 3 years, or both. The court may suspend sentence and place the adult on probation subject to the terms and conditions it deems to be in the best interests of the child and the public.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-32 - Appointment of Attorney or Advocate to Represent Child's Interest

(a)    In addition to any requirements relating to the appointment of counsel for children, at any time during the pendency of any action under this subtitle, where it appears to the court that the protection of the rights of a child requires independent representation, the court may, upon its own motion, or the motion of any party to the action, appoint an attorney to represent the interest of the child in that particular action. Such actions include but are not limited to those involving a child in need of supervision, delinquent child, or mentally handicapped child.
(b)    (1)    Except as provided in paragraph (2) of this subsection, compensation for the services of the attorney under this section may be assessed against any party or parties to the action.
(2)    Compensation for the services of an attorney under this section may not be assessed against a parent, guardian, custodian, or child in a delinquency proceeding.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-33 - Citation for Violation of Certain Alcoholic Beverages Laws

(a)    A law enforcement officer authorized to make arrests shall issue a citation to a child if the officer has probable cause to believe that the child is violating:
(1)    § 5–601 of the Criminal Law Article involving the use or possession of cannabis;
(2)    § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;
(3)    § 10–132 of the Criminal Law Article;
(4)    § 10–136 of the Criminal Law Article; or
(5)    § 26–103 of the Education Article.
(b)    A citation issued under this section shall be in a format prescribed by the State Court Administrator after consultation with police administrators and the Motor Vehicle Administrator. Each citation shall be signed by the issuing officer and shall contain:
(1)    The name, address, and birth date of the child being charged with the violation;
(2)    The name and address of the child’s parent or legal guardian;
(3)    The statute allegedly violated;
(4)    The time, place, and date of the violation;
(5)    The driver’s license number of the child, if the child possesses a driver’s license;
(6)    The registration number of the motor vehicle, motorcycle, or other vehicle, if applicable;
(7)    The signature of the child; and
(8)    The penalties which may be imposed under § 3–8A–19 of this subtitle.
(c)    A copy of the citation issued under this section shall be:
(1)    Given to the child being charged;
(2)    Retained by the officer issuing the citation;
(3)    Mailed within 7 days to the child’s parent or legal guardian; and
(4)    Filed with the intake officer of the court having jurisdiction under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-34 - Rights of Victim or Witness of Delinquent Act

The guidelines provided under § 11-1003 of the Criminal Procedure Article apply to victims and witnesses of delinquent acts.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-35 - Sexting as a Mitigating Factor in Certain Proceedings -- Court to Consider Sexting as Factor -- Sex Offender Registration Not Required

(a)    (1)    In this section, “sexting” means:
(i)    The sending of a photograph, image, or video that depicts sexual conduct, as defined in § 11–101 of the Criminal Law Article, or sexual excitement, as defined in § 11–101 of the Criminal Law Article, of oneself to another or of oneself and the recipient by mobile telephone, computer, or other electronic or digital device; or
(ii)    The receipt and retention of a photograph, image, or video described in subparagraph (i) of this paragraph.
(2)    “Sexting” does not include conduct described in paragraph (1) of this subsection if:
(i)    The sender is more than 4 years older than the recipient;
(ii)    The recipient is more than 4 years older than the sender;
(iii)    The child did not consent to committing the conduct constituting the violation; or
(iv)    The child was coerced, threatened, or intimidated into committing the conduct constituting the violation.
(b)    It is a mitigating factor in a proceeding against a child under this subtitle for a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article that the violation involved or arose out of sexting.
(c)    In making a disposition under § 3–8A–19 of this subtitle on a finding that the child committed a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article, the court:
(1)    Shall take into consideration whether the mitigating factor described in subsection (b) of this section applies to the case;
(2)    May not make a disposition of community detention under § 3–8A–19(d)(1)(i) of this subtitle or a disposition under § 3–8A–19(d)(1)(ii) of this subtitle if the violation involved or arose out of sexting, unless the court finds and explains on the record, verbally and in writing, that extraordinary circumstances exist to warrant the disposition; and
(3)    May order a child whose violation involved or arose out of sexting to participate in an age–appropriate educational program on the risks and consequences of possessing, sending, displaying, and publishing photographs, images, and videos described in subsection (a) of this section.
(d)    A child who is found by the court to have violated a provision of Title 11, Subtitle 2 of the Criminal Law Article is not subject to sex offender registration under Title 11, Subtitle 7 of the Criminal Procedure Article.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-01 - Application of Subtitle

This subtitle applies only:
(1)    In a county in which the circuit administrative judge has established a Truancy Reduction Pilot Program under § 3–8C–02 of this subtitle; and
(2)    To the extent that funds are provided in an annual State budget for a Truancy Reduction Pilot Program.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-02 - Truancy Reduction Pilot Programs

(a)    (1)    The Circuit Administrative Judge of the First Circuit may establish a Truancy Reduction Pilot Program in one or more of the juvenile courts in Dorchester County, Somerset County, Wicomico County, and Worcester County.
(2)    The Circuit Administrative Judge of the Second Circuit may establish a Truancy Reduction Pilot Program in the juvenile courts in Kent County and Talbot County.
(3)    The Circuit Administrative Judge of the Third Circuit may establish a Truancy Reduction Pilot Program in the juvenile court in Harford County.
(4)    The Circuit Administrative Judge of the Seventh Circuit may establish a Truancy Reduction Pilot Program in the juvenile court in Prince George’s County.
(b)    After consultation with the administrative judges of the first, second, third, and seventh circuits, the Chief Judge of the Court of Appeals may accept a gift or grant to implement the pilot programs in each respective circuit.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-03 - School Attendance

(a)    A child who is required under § 7–301 of the Education Article to attend school may not fail to do so without lawful excuse.
(b)    A violation of this section is a Code violation and is a civil offense.
(c)    Adjudication of a Code violation under this section is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-05 - Petition -- Allegations

(a)    A petition under this subtitle shall allege that a child who is required to attend school failed to attend school without lawful excuse and shall set forth in clear and simple language the facts supporting the allegation.
(b)    (1)    Whenever a petition is filed under this subtitle the court shall hold an adjudicatory hearing.
(2)    The rules of evidence under Title 5 of the Maryland Rules shall apply at an adjudicatory hearing under this section.
(3)    The allegations in a petition under this subtitle shall be proved by a preponderance of the evidence.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-06 - Disposition Hearing

(a)    Unless a petition filed under this subtitle is dismissed, the court shall hold a separate disposition hearing after the adjudicatory hearing.
(b)    The court shall hold a disposition hearing on the same day as the adjudicatory hearing unless, on its own motion or motion of a party, the court finds good cause to delay the disposition hearing to a later day.
(c)    If the court delays a disposition hearing, it shall be held no later than 15 days after the conclusion of the adjudicatory hearing unless good cause is shown.
(d)    In making a disposition on a petition filed under this subtitle, the court may order the child to:
(1)    Attend school;
(2)    Perform community service;
(3)    Attend counseling, including family counseling;
(4)    Attend substance abuse evaluation and treatment;
(5)    Attend mental health evaluation and treatment; or
(6)    Keep a curfew with the hours set by the court.
(e)    Cases under this subtitle are eligible for family support services as provided in the Maryland Rules.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-07 - Probation

A criminal defendant under this subtitle is subject to:
(1)    Any conditions of probation authorized under § 6–220 of the Criminal Procedure Article; and
(2)    Any additional condition of probation that would promote the child’s attendance in school.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-08 - Transfer of Proceedings

(a)    (1)    If a petition is filed under this subtitle in a county other than the county where the child is living or domiciled, the court on its own motion, or on motion of a party, may transfer the proceedings to the county of residence or domicile at any time prior to final termination of jurisdiction.
(2)    In its discretion, the court to which the case is transferred may take further action.
(b)    Every document, social history, and record on file with the clerk of the court pertaining to the case shall accompany the transfer.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-09 - Petition Governed by Maryland Rules

Except as otherwise provided in this subtitle, the Maryland Rules govern the format of the petition and the procedures to be followed by the court and the parties under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 8C - Truancy Reduction Pilot Program › Section 3-8C-12 - Report

On or before November 1 of each year, the Chief Judge of the Court of Appeals shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on each Truancy Reduction Pilot Program established under this subtitle.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 9 - Wrongful Death › Section 3-901 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Child” means a legitimate or an illegitimate child.
(c)    “Parent” includes the mother and father of a deceased illegitimate child.
(d)    “Person” includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(e)    “Wrongful act” means an act, neglect, or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 9 - Wrongful Death › Section 3-902 - Liability Notwithstanding Death

(a)    An action may be maintained against a person whose wrongful act causes the death of another.
(b)    If the death of a person was caused by a wrongful act, neglect, or default of a vessel, an action in rem may be maintained against the vessel.
(c)    If a person whose wrongful act caused the death of another, dies before an action under this section is commenced, the action may be maintained against his personal representative.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 9 - Wrongful Death › Section 3-903 - When Wrongful Act Occurs Outside of Maryland

(a)    If the wrongful act occurred in another state, the District of Columbia, or a territory of the United States, a Maryland court shall apply the substantive law of that jurisdiction.
(b)    Notwithstanding the fact that the wrongful act occurred in another jurisdiction, a Maryland court in which the action is pending shall apply its own rules of pleading and procedure.
2023 Maryland Statutes › Courts and Judicial Proceedings › Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action › Subtitle 10 - Developmental Disabilities Advocacy Services › Section 3-1001 - Creation; Definitions; Purpose

(a)    There shall be provided protection and advocacy services to persons with developmental disabilities.
(b)    The term “developmental disabilities” shall mean a severe, chronic disability of a person which:
(1)    Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(2)    Is manifested before the person attains age 22;
(3)    Is likely to continue indefinitely;
(4)    Results in substantial functional limitations in three or more of the following areas of major life activity:
(i)    Self-care;
(ii)    Receptive and expressive language;
(iii)    Learning;
(iv)    Mobility;
(v)    Self-direction;
(vi)    Capacity for independent living; and
(vii)    Economic self-sufficiency; and
(5)    Reflects the person’s need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
(c)    The term “protection and advocacy services” includes the pursuit of legal, administrative, and other appropriate remedies to protect the rights of persons with developmental disabilities.
(d)    Protection and advocacy services shall be provided by an entity or entities, which may include private, nonprofit corporations, with the authority to pursue legal, administrative, and other appropriate remedies to insure the protection of the rights of persons with developmental disabilities who are receiving treatment, services, or habilitation within this State.