reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 3-816 - Study Concerning Matters Relevant to Case

(a)    After a petition is filed under this subtitle, the court may order the local department or another qualified agency to make or arrange for a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case.
(b)    (1)    As part of a study under this section, the court may order that the child or any parent, guardian, or custodian be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified person.
(2)    (i)    The court may not order an inpatient evaluation unless, after a hearing, the court finds that an inpatient evaluation is necessary and there are no less restrictive means to obtain an evaluation.
(ii)    Placement in an inpatient facility may not exceed 21 days unless the court finds good cause.
(c)    (1)    The report of a study under this section is admissible as evidence at a disposition hearing but not at an adjudicatory hearing.
(2)    The attorney for each party has the right to receive the report at least 5 days before its presentation to the court, to challenge or impeach its findings and to present appropriate evidence with respect to it.
(3)    The time requirement specified in paragraph (2) of this subsection does not apply to an emergency dispositional review hearing held in accordance with § 3-820 of this subtitle.
2023 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 3-816.2 - Review Hearings

(a)    (1)    Except as provided in subsection (b) of this section, the court shall conduct a hearing to review the status of each child under its jurisdiction within 6 months after the filing of the first petition under this subtitle and at least every 6 months thereafter.
(2)    At a review hearing under this section, the court shall:
(i)    Evaluate the safety of the child;
(ii)    Determine the continuing necessity for and appropriateness of any out–of–home placement;
(iii)    Determine the appropriateness of and extent of compliance with the case plan for the child;
(iv)    Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating the court’s jurisdiction; and
(v)    Project a reasonable date by which the child may be returned to and safely maintained in the home or placed for adoption or under a legal guardianship.
(b)    (1)    The court shall conduct a hearing to review the status of a child placed in a qualified residential treatment program and determine the appropriateness of placement within 60 days after the child enters the placement.
(2)    At a hearing under this subsection, the court shall:
(i)    Review the assessment of the child conducted by a qualified individual;
(ii)    Consider whether the needs of the child can be met through placement in a foster family home;
(iii)    Consider whether placement of the child in a qualified residential treatment program provides the most effective and appropriate care for the child in the least restrictive environment; and
(iv)    Consider whether placement of the child in a qualified residential treatment program is consistent with the short–term and long–term goals for the child as specified in the permanency plan.
(3)    The court shall state, in writing, the reasons for its decision to approve or disapprove the continued placement of a child in a qualified residential treatment program under this subsection.
(c)    If a permanency plan for the child has been determined under § 3–823 of this subtitle, a review hearing conducted by the court under § 3–823(h) of this subtitle shall satisfy the requirements of this section.
2023 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 3-816.3 - Rights of Preadoptive Parents, Foster Parents, and Caregivers of Child

(a)    In this section, “preadoptive parent” means an individual whom a child placement agency, as defined in § 5–101 of the Family Law Article, approves to adopt a child who has been placed in the individual’s home for adoption before the order of adoption.
(b)    Unless waived for good cause, before any proceeding concerning a child, the local department shall give at least 10 days’ notice in writing to the child’s foster parent, preadoptive parent, or caregiver of the date, time, and place of the proceeding and of the right to be heard at the proceeding.
(c)    The foster parent, preadoptive parent, caregiver, or an attorney for the foster parent, preadoptive parent, or caregiver shall be given the right to be heard at the proceeding.
(d)    The foster parent, preadoptive parent, caregiver, or attorney may not be considered to be a party solely on the basis of the right to notice and the right to be heard provided under this section.
2023 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 3-816.4 - Educational Stability

(a)    In this section, “educational stability” means the continuous process of identifying and implementing the appropriate educational placement, training, resources, services, and experiences that will address the fundamental needs necessary to ensure the successful educational outcome of a child and contribute to the child’s overall well–being.
(b)    The court shall inquire as to the educational stability of a child at a shelter care hearing, adjudicatory hearing, disposition hearing, and any change of placement proceeding.
(c)    In determining the educational stability of a child under this section, the court may consider the following factors:
(1)    The appropriateness of the child’s current school placement;
(2)    The school placement of the child’s siblings;
(3)    The minimization of school changes;
(4)    The proximity of the school to the child’s placement;
(5)    Transportation to and from school;
(6)    The proper release and prompt transfer of the child’s education records;
(7)    The child’s school attendance;
(8)    The identification of and consultation with the child’s educational guardian;
(9)    The maintenance of any individual education plan (IEP); and
(10)    The child’s appropriate grade level progress or progress toward graduation.
2023 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 3-817 - Adjudicatory Hearing

(a)    After a CINA petition is filed under this subtitle, the court shall hold an adjudicatory hearing.
(b)    The rules of evidence under Title 5 of the Maryland Rules shall apply at an adjudicatory hearing.
(c)    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 8 - Juvenile Causes -- Children in Need of Assistance › Section 3-818 - Presumption That Child Is Not Receiving Proper Care and Attention

Within 1 year after a child’s birth, there is a presumption that a child is not receiving proper care and attention from the mother for purposes of § 3–801(f)(2) of this subtitle if:
(1)    (i)    The child was born exposed to cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate tests of the mother or child; or
(ii)    Upon admission to a hospital for delivery of the child, the mother tested positive for cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and
(2)    Drug treatment is made available to the mother and the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of drug treatment.
2023 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 3-819.1 - Voluntary Placement Hearing

(a)    Within 30 days after a voluntary placement petition is filed, the court shall hold a voluntary placement hearing and shall make findings as to:
(1)    Whether continuation of the placement is in the child’s best interests; and
(2)    Whether reasonable efforts have been made to reunify the child with the family or place the child in a timely manner in accordance with the child’s permanency plan.
(b)    Except as provided in subsection (c) of this section, in making a disposition on a voluntary placement petition under this section, the court shall:
(1)    Order the child’s voluntary placement to be terminated and the child returned to the child’s home and provided with available services and support needed for the child to remain in the home;
(2)    Order the child’s voluntary placement to continue if the local department and the child’s parent or guardian continue to agree to the voluntary placement;
(3)    Subject to the provisions of § 3–819(h), (i), and (j) of this subtitle, order an amendment to the voluntary placement agreement to address the needs of the child; or
(4)    If necessary to ensure the care, protection, safety, and mental and physical development of the child, order the local department to file a CINA petition.
(c)    In making a disposition on a voluntary placement petition for a former CINA, the court shall:
(1)    Order the former CINA’s voluntary placement to continue and make any necessary orders to address the needs of the former CINA, if the local department and the former CINA continue to agree to the voluntary placement; or
(2)    (i)    Order the former CINA’s voluntary placement to be terminated; and
(ii)    Terminate the local department’s placement and care responsibilities for the former CINA.
2023 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 3-820 - Removal of Child From Court-Ordered Placement

(a)    After a CINA disposition, when the court has ordered a specific placement of a child, a local department may remove the child from that placement prior to a hearing only if:
(1)    Removal is required to protect the child from serious immediate danger;
(2)    The child’s continued placement in the court-ordered placement is contrary to the welfare of the child; or
(3)    The person or agency with whom the child is placed has requested the immediate removal of the child.
(b)    (1)    Before removal or, if not possible, immediately after removal, the local department shall notify all parties, counsel, and the court of the removal of the child.
(2)    The local department shall provide the address and phone number of the child’s new placement to the child’s counsel.
(c)    (1)    If the child is not returned to the court-ordered placement, the local department shall immediately file a motion to authorize the removal of the child and the child’s new placement.
(2)    The motion shall set forth:
(i)    The facts on which the local department relied in removing the child; and
(ii)    The identity of each witness.
(d)    (1)    The court shall hold an emergency review placement hearing on the motion not later than the next day on which the circuit court is in session.
(2)    All parties shall be given reasonable notice of the hearing.
(e)    At the emergency review placement hearing, the court’s decision to reject or to ratify the local department’s removal of the child shall be based upon such evidence as would be sufficient under § 3-815(d) of this subtitle to order shelter care.
(f)    (1)    Unless all parties agree to the court’s order at the emergency review placement hearing, the court, at that hearing, shall schedule a regular review hearing within 30 days after the emergency review hearing for a full hearing on the merits of the local department’s action.
(2)    At the full hearing on the merits, the rules of evidence under Title 5 of the Maryland Rules shall apply.
(3)    The hearing may be postponed by agreement of the parties or for good cause shown.
2023 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 3-821 - Order Controlling Conduct of Person Before Court

(a)    The court, on its own motion or on application of a party, may issue an appropriate order directing, restraining, or otherwise controlling the conduct of a person who is properly before the court, if the court finds that the conduct:
(1)    Is or may be detrimental or harmful to a child over whom the court has jurisdiction;
(2)    Will tend to defeat the execution of an order or disposition made or to be made under this subtitle; or
(3)    Will assist in the rehabilitation of or is necessary for the welfare of the child.
(b)    Subsection (a) of this section shall apply to a person not a party to the petition if the person is given:
(1)    Notice of the proposed order controlling the person’s conduct; and
(2)    The opportunity to contest the entry of the proposed order.
(c)    An order issued under this section is enforceable under Title 15, Chapter 200 of the Maryland Rules.
2023 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 3-822 - Address and Identity of Parents

(a)    (1)    At each CINA hearing, the court shall inquire into, and make findings of fact on the record as to, the identity and current address of each parent of each child before the court.
(2)    In carrying out paragraph (1) of this subsection, the court shall:
(i)    Inform all parties present of their continuing obligation to assist the court in identifying and locating each parent of each child;
(ii)    Inform the parents present of their continuing obligation to keep the clerk of the court apprised of their current address;
(iii)    Inform the parents present of available means to establish paternity, if not yet established; and
(iv)    If appropriate, refer the parents to the appropriate support enforcement agency to establish paternity and support.
(b)    Each parent of a child who is the subject of a CINA proceeding shall notify the court and the local department of all changes in the parent’s address.
(c)    The clerk of the court shall keep a listing of every address provided by a parent of a child who is the subject of a CINA proceeding.
(d)    On request of a local department, the clerk’s office shall disclose to the local department all addresses listed by a parent of a CINA within the preceding 270 days.
(e)    The court may:
(1)    Order a parent or putative parent to:
(i)    Apply for child support services with the appropriate support enforcement agency; and
(ii)    Cooperate with the appropriate support enforcement agency to establish paternity and child support; and
(2)    Make a finding of paternity in accordance with Title 5, Subtitle 10, Part VI of the Family Law Article.
(f)    Any court may consider evidence taken and findings made on the record in a CINA hearing and in a paternity, custody, child support, or guardianship proceeding regarding that child or a sibling of a child.
2023 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 3-824 - Emergency Medical or Psychiatric Treatment; Withholding or Withdrawing Life-Sustaining Procedure

(a)    The court shall hear and rule on a petition seeking an order for emergency medical or psychiatric treatment on an expedited basis.
(b)    (1)    The court may order emergency medical, dental, or surgical treatment of a child alleged to have a condition or illness that, 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.
(2)    A child may be placed in an emergency facility on an emergency basis under Title 10, Subtitle 6, Part IV of the Health - General Article.
(c)    The court shall apply the factors specified in § 13-711(b) of the Estates and Trusts Article, to the extent relevant, when deciding whether to withhold or withdraw a life-sustaining procedure, as defined in § 13-711(c) of the Estates and Trusts Article.
2023 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 3-825 - Limitations Regarding Commitment Facilities

(a)    A court may not commit a child who is subject to this subtitle to, and the child may not be detained at or transferred to, a correctional facility, as defined in § 1-101 of the Correctional Services Article.
(b)    A child who is not a delinquent child, as defined in § 3-8A-01 of this title, 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, a child may not be:
(1)    Committed or transferred to any public or private facility or institution unless the child is placed in accommodations that are separate from adults who are confined to that facility or institution; or
(2)    Treated in any group with adults.
2023 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 3-826 - Reports Prior to Hearings; Custodian Progress Reports

(a)    (1)    Unless the court directs otherwise, a local department shall provide all parties with a written report at least 10 days before any scheduled disposition, permanency planning, or review hearing under § 3-819 or § 3-823 of this subtitle.
(2)    The time requirements specified in paragraph (1) of this subsection do not apply to an emergency review placement hearing under § 3-820 of this subtitle.
(b)    If a child is committed to a person or agency under this subtitle, the court may order the custodian to file periodic written progress reports, with copies sent to all parties.
2023 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 3-827 - Confidentiality of Records

(a)    (1)    All court records under this subtitle pertaining to a child shall be confidential and their contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.
(2)    This subsection does not prohibit review of a court record by:
(i)    Personnel of the court;
(ii)    A party;
(iii)    Counsel for a party;
(iv)    A Court–Appointed Special Advocate for the child;
(v)    Authorized personnel of the Social Services Administration and local departments in order to conduct a child abuse or neglect investigation or to comply with requirements imposed under Title IV–E of the Social Security Act; or
(vi)    The Department of Juvenile Services if the Department is providing treatment, services, or care to a child who is the subject of the record.
(3)    Information obtained from a court record is subject to the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.
(b)    (1)    On its own motion or on petition, and for good cause shown, the court:
(i)    May order the court records of a child sealed; and
(ii)    Shall order them sealed after the child has reached the age of 21.
(2)    If sealed, the court records of a child may not be opened, for any purpose, except by order of the court on good cause shown.
2023 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 3-828 - Contributing to Acts, Omissions, or Conditions Rendering a Child in Need of Assistance

(a)    An adult may not willfully contribute to, encourage, cause or tend to cause any act, omission, or condition that renders a child in need of assistance.
(b)    A person may be convicted under this section even if the child is not adjudicated a CINA.
(c)    An adult who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years or both.
(d)    A petition alleging a violation of this section shall be prepared and filed by the State’s Attorney.
(e)    If an adult is charged under this section, the allegations shall be proved beyond a reasonable doubt.
2023 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 3-829 - Local Juvenile Court Committees

A governing body of a county may create a juvenile court committee to serve as an advisory body to the court for the county and shall determine the composition and members of the committee.
2023 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 3-830 - Court-Appointed Special Advocate Program

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Advocate” or “C.A.S.A.” means a Court-Appointed Special Advocate.
(3)    “Program” means a Court-Appointed Special Advocate service that is created in a county with the support of the court for that county to provide trained volunteers whom the court may appoint to:
(i)    Provide the court with background information to aid it in making decisions in the child’s best interest; and
(ii)    Ensure that the child is provided appropriate case planning and services.
(b)    (1)    There is a Court-Appointed Special Advocate Program.
(2)    The purpose of the Program is to provide volunteers whose primary purpose is to ensure the provision of appropriate service and case planning consistent with the best interests of a child who is the subject of:
(i)    A CINA proceeding;
(ii)    A custody and guardianship proceeding under § 3-819.2 of this subtitle; or
(iii)    A guardianship review proceeding under Title 5, Subtitle 3 of the Family Law Article.
(3)    The Administrative Office of the Courts:
(i)    Shall administer the Program;
(ii)    Shall report annually to the Chief Judge of the Court of Appeals and, subject to § 2-1257 of the State Government Article, to the General Assembly regarding the operation of the Program; and
(iii)    May adopt rules governing the implementation and operation of the Program including funding, training, selection, and supervision of volunteers.
(c)    The Governor may include funds in the budget to carry out the provisions of this section.
(d)    An advocate or a member of the administrative staff of the Program is not liable for an act or omission in providing services or performing a duty on behalf of the Program, unless the act or omission constitutes reckless, willful, or wanton misconduct or intentionally tortious conduct.
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-02 - Purposes and Construction of Subtitle

(a)    The purposes of this subtitle are:
(1)    To ensure that the Juvenile Justice System balances the following objectives for children who have committed delinquent acts:
(i)    Public safety and the protection of the community;
(ii)    Accountability of the child to the victim and the community for offenses committed; and
(iii)    Competency and character development to assist children in becoming responsible and productive members of society;
(2)    To hold parents of children found to be delinquent responsible for the child’s behavior and accountable to the victim and the community;
(3)    To hold parents of children found to be delinquent or in need of supervision responsible, where possible, for remedying the circumstances that required the court’s intervention;
(4)    To provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this subtitle; and to provide for a program of treatment, training, and rehabilitation consistent with the child’s best interests and the protection of the public interest;
(5)    To conserve and strengthen the child’s family ties and to separate a child from his parents only when necessary for his welfare or in the interest of public safety;
(6)    If necessary to remove a child from his home, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents;
(7)    To provide to children in State care and custody:
(i)    A safe, humane, and caring environment; and
(ii)    Access to required services; and
(8)    To provide judicial procedures for carrying out the provisions of this subtitle.
(b)    This subtitle shall be liberally construed to effectuate these purposes.
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-04 - Applicability of Subtitle 8 Provisions

The provisions of §§ 3–806, 3–807, and 3–829 of this title govern judges, magistrates, and local juvenile court committees 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-05 - Determination of Jurisdiction

(a)    If a person is alleged to be delinquent, the age of the person at the time the alleged delinquent act was committed controls the determination of jurisdiction under this subtitle.
(b)    If a person is alleged to have committed an act under § 3-8A-19.1(b) of this subtitle, the age of the person at the time the alleged act was committed controls the determination of jurisdiction under this subtitle.
(c)    In all other cases under this subtitle the age of the child at the time the petition is filed controls the determination of jurisdiction under this subtitle.
(d)    In a delinquency proceeding there is no presumption of incapacity as a result of infancy for a child who is at least 7 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-06 - Waiver of Jurisdiction

(a)    The court may waive the exclusive jurisdiction conferred by § 3–8A–03 of this subtitle with respect to a petition alleging delinquency by:
(1)    A child who is 15 years old or older; or
(2)    A child who has not reached his 15th birthday, but who is charged with committing an act that, if committed by an adult, would be punishable by life imprisonment.
(b)    The court may not waive its jurisdiction under this section until after it has conducted a waiver hearing, held prior to an adjudicatory hearing and after notice has been given to all parties as prescribed by the Maryland Rules. The waiver hearing is solely to determine whether the court should waive its jurisdiction.
(c)    (1)    Notice of the waiver hearing shall be given to a victim as provided under § 11-104 of the Criminal Procedure Article.
(2)    (i)    A victim may submit a victim impact statement to the court as provided in § 11-402 of the Criminal Procedure Article.
(ii)    This paragraph does not preclude a victim who has not filed a notification request form under § 11-104 of the Criminal Procedure Article from submitting a victim impact statement to the court.
(iii)    The court may consider a victim impact statement in determining whether to waive jurisdiction under this section.
(d)    (1)    The court may not waive its jurisdiction under this section unless it determines, from a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures.
(2)    For purposes of determining whether to waive its jurisdiction under this section, the court shall assume that the child committed the delinquent act alleged.
(e)    In making its determination, the court shall consider the following criteria individually and in relation to each other on the record:
(1)    Age of the child;
(2)    Mental and physical condition of the child;
(3)    The child’s amenability to treatment in any institution, facility, or program available to delinquents;
(4)    The nature of the offense and the child’s alleged participation in it; and
(5)    The public safety.
(f)    If jurisdiction is waived under this section, the court shall order the child held for trial under the regular procedures of the court which would have jurisdiction over the offense if committed by an adult. The petition alleging delinquency shall be considered a charging document for purposes of detaining the child pending a bail hearing.
(g)    An order waiving jurisdiction is interlocutory.
(h)    If the court has once waived its jurisdiction with respect to a child in accordance with this section, and that child is subsequently brought before the court on another charge of delinquency, the court may waive its jurisdiction in the subsequent proceeding after summary review.
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-07 - Retention, Termination, or Waiver of Jurisdiction

(a)    If the court obtains jurisdiction over a child under this subtitle, that jurisdiction continues until that person reaches 21 years of age unless terminated sooner.
(b)    This section does not affect the jurisdiction of other courts over a person who commits an offense after the person reaches the age of 18.
(c)    Unless otherwise ordered by the court, the court’s jurisdiction is terminated over a person who has reached 18 years of age when he is convicted of a crime, including manslaughter by automobile, unauthorized use or occupancy of a motor vehicle, any violation of Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article, or § 21-902 of the Transportation Article, but excluding a conviction for a violation of any other traffic law or ordinance or any provision of the State Boat Act, or the fish and wildlife laws of the State.
(d)    A person subject to the jurisdiction of the court may not be prosecuted for a criminal offense committed before he reached 18 years of age unless jurisdiction has been waived.
(e)    The court has exclusive original jurisdiction, but only for the purpose of waiving it, over a person 21 years of age or older who is alleged to have committed a delinquent act while a 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-08 - Venue

(a)    If a petition alleges that a child is in need of supervision, the petition shall be filed in the county where the child resides.
(b)    If delinquency or violation of § 3-8A-30 of this subtitle is alleged or if a citation is issued, the petition, if any, or the citation shall be filed in the county where the alleged act occurred subject to transfer as provided in § 3-8A-09 of this subtitle.
(c)    A peace order request shall be filed in the county where the alleged act occurred subject to transfer as provided in § 3-8A-09 of this subtitle.
(d)    If the alleged delinquent act is escape or attempted escape under § 9-404 or § 9-405 of the Criminal Law Article, the petition, if any, shall be filed and the adjudicatory hearing held in the county where the alleged escape or attempted escape occurred unless the court in the county of the child’s domicile requests a transfer. For purposes of the disposition hearing, proceedings may be transferred as provided in § 3-8A-09 of this subtitle to the court exercising jurisdiction over the child at the time of the alleged act.
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-09 - Transfer of Proceedings

(a)    (1)    If a petition, peace order request, or citation 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, except that the proceedings may not be transferred until after an adjudicatory hearing if the allegation is escape or attempted escape under § 9-404 or § 9-405 of the Criminal Law Article.
(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 8A - Juvenile Causes -- Children Other Than Cinas and Adults › Section 3-8A-12 - Certain Information Inadmissible in Subsequent Proceedings

(a)    A statement made by a participant while counsel and advice are being given, offered, or sought, in the discussions or conferences incident to an informal adjustment may not be admitted in evidence in any adjudicatory hearing or peace order proceeding or in a criminal proceeding against the participant prior to conviction.
(b)    Any information secured or statement made by a participant during a preliminary or further inquiry pursuant to § 3–8A–10 of this subtitle or a study pursuant to § 3–8A–17 of this subtitle may not be admitted in evidence in any adjudicatory hearing or peace order proceeding except on the issue of respondent’s competence to participate in the proceedings and responsibility for his conduct as provided in § 3–109 of the Criminal Procedure Article where a petition alleging delinquency has been filed, or in a criminal proceeding prior to conviction.
(c)    A statement made by a child, his parents, guardian or custodian at a waiver hearing is not admissible against him or them in criminal proceedings prior to conviction except when the person is charged with perjury, and the statement is relevant to that charge and is otherwise admissible.
(d)    If jurisdiction is not waived, any statement made by a child, his parents, guardian, or custodian at a waiver hearing may not be admitted in evidence in any adjudicatory hearing unless a delinquent offense of perjury is alleged, and the statement is relevant to that charge and is otherwise admissible.