In this subtitle the following words have the meanings indicated.
“Abuse” means:
Sexual abuse of a child, whether a physical injury is sustained or not;
Physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or is at substantial risk of being harmed by:
A parent or other individual who has permanent or temporary care or custody or responsibility for supervision of the child; or
A household or family member; or
Labor trafficking of a child by any individual.
“Adjudicatory hearing” means a hearing under this subtitle to determine whether the allegations in the petition, other than the allegation that the child requires the court’s intervention, are true.
“Adult” means an individual who is at least 18 years old.
“Child” means an individual under the age of 18 years.
“Child in need of assistance” means a child who requires court intervention because:
The child has been abused, has been neglected, has a developmental disability, or has a mental disorder; and
The child’s parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child’s needs.
“CINA” means a child in need of assistance.
“Commit” means to transfer custody.
“Court” means the circuit court for a county sitting as the juvenile court.
“Custodian” means a person or governmental agency to whom custody of a child has been given by order of court, including a court other than the juvenile court.
“Custody” means the right and obligation, unless otherwise determined by the court, to provide ordinary care for a child and determine placement.
“Developmental disability” means a severe chronic disability of an individual that:
Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;
Is likely to continue indefinitely;
Results in an inability to live independently without external support or continuing and regular assistance; and
Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.
“Disposition hearing” means a hearing under this subtitle to determine:
Whether a child is in need of assistance; and
If so, the nature of the court’s intervention to protect the child’s health, safety, and well–being.
“Guardian” means a person to whom guardianship of a child has been given by order of court, including a court other than the juvenile court.
“Guardianship” means an award by a court, including a court other than the juvenile court, of the authority to make ordinary and emergency decisions as to the child’s care, welfare, education, physical and mental health, and the right to pursue support.
“Labor trafficking” means knowingly:
Taking, placing, harboring, persuading, inducing, or enticing a child by force, fraud, or coercion to provide services or labor; or
Receiving a benefit or thing of value from the provision of services or labor by a child that was induced by force, fraud, or coercion.
“Local department” means:
The local department of social services for the county in which the court is located; or
In Montgomery County, the county department of health and human services.
“Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.
“Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another.
“Mental disorder” does not include an intellectual disability.
“Mental injury” means the observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function.
“Neglect” means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or individual who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
That the child’s health or welfare is harmed or placed at substantial risk of harm; or
That the child has suffered mental injury or been placed at substantial risk of mental injury.
“Neglect” does not include the use of cannabis by any parent or individual who has permanent or temporary care or custody or responsibility for supervision of the child unless, as a result of the use of cannabis:
The child’s health or welfare is harmed or placed at substantial risk of harm; or
The child has suffered mental injury or been placed at substantial risk of mental injury.
“Parent” means a natural or adoptive parent whose parental rights have not been terminated.
“Party” means:
A child who is the subject of a petition;
The child’s parent, guardian, or custodian;
The petitioner; or
An adult who is charged under § 3–828 of this subtitle.
“Party” does not include a foster parent.
“Qualified residential treatment program” means a program within a licensed child care institution that provides continuous, 24–hour care and supportive services to children in a residential, nonfamily home setting that:
Has a trauma–informed treatment model that is designed to address the clinical and other needs of children with serious emotional or behavioral disorders or disturbances;
Is able to implement the specific treatment recommended in an assessment completed by a qualified individual;
Has registered or licensed nursing staff and other licensed clinical staff who are:
On site according to the treatment model and during business hours; and
Available 24 hours a day, 7 days a week;
Appropriately facilitates outreach to family members and integrates the family members into the treatment of the children;
Is able to provide discharge planning that provides family–based aftercare support for at least 6 months following discharge;
Is licensed in accordance with § 471(a)(10) of the Social Security Act; and
Is accredited by an approved independent nonprofit organization.
“Reasonable efforts” means efforts that are reasonably likely to achieve the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle.
“Relative” means an individual who is a kinship caregiver, as defined in § 5–534 of the Family Law Article.
“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.
“Sexual abuse” means an act that involves:
Sexual molestation or exploitation of a child by:
A parent or other individual who has permanent or temporary care or custody or responsibility for supervision of the child; or
A household or family member; or
Sex trafficking of a child by any individual.
“Sexual molestation or exploitation” includes:
Allowing or encouraging a child to engage in:
Obscene photography, films, poses, or similar activity;
Pornographic photography, films, poses, or similar activity; or
Prostitution;
Incest;
Rape;
Sexual offense in any degree; and
Any other sexual conduct that is a crime.
“Shelter care” means a temporary placement of a child outside of the home at any time before disposition.
“Shelter care hearing” means a hearing held before disposition to determine whether the temporary placement of the child outside of the home is warranted.
“TPR proceeding” means a proceeding to terminate parental rights.
“Voluntary placement” means a placement in accordance with § 5–525(b)(1)(i) or (iii) or (3) of the Family Law Article.
“Voluntary placement hearing” means a hearing to obtain a judicial determination as to whether continuing a voluntary placement is in the best interests of the child.
The purposes of this subtitle are:
To provide for the care, protection, safety, and mental and physical development of any child coming within the provisions of this subtitle;
To provide for a program of services and treatment consistent with the child’s best interests and the promotion of the public interest;
To conserve and strengthen the child’s family ties and to separate a child from the child’s parents only when necessary for the child’s welfare;
To hold parents of children found to be in need of assistance responsible for remedying the circumstances that required the court’s intervention;
Except as otherwise provided by law, to hold the local department responsible for providing services to assist the parents with remedying the circumstances that required the court’s intervention;
If necessary to remove a child from the child’s home, to secure for the child custody, care, and discipline as nearly as possible equivalent to that which the child’s parents should have given;
To achieve a timely, permanent placement for the child consistent with the child’s best interests; and
To provide judicial procedures for carrying out the provisions of this subtitle.
This subtitle shall be construed liberally to effectuate these purposes.
In all judicial proceedings conducted in accordance with this subtitle or § 5-326 of the Family Law Article, the court may direct the local department to provide services to a child, the child’s family, or the child’s caregiver to the extent that the local department is authorized under State law.
The court shall exercise the authority described in paragraph (1) of this subsection to protect and advance a child’s best interests.
In addition to the jurisdiction specified in Subtitle 8A of this title, the court has exclusive original jurisdiction over:
Voluntary placement hearings;
Proceedings arising from a petition alleging that a child is a CINA;
Proceedings arising under the Interstate Compact on the Placement of Children;
Proceedings to terminate parental rights after a CINA proceeding;
Guardianship review proceedings after a TPR proceeding; and
Adoption proceedings, if any, after a TPR proceeding.
The court has concurrent jurisdiction over:
Custody, visitation, support, and paternity of a child whom the court finds to be a CINA; and
Custody of a child alleged to be a CINA under the circumstances described in § 3-819(d) of this subtitle.
During pendency of an action under this subtitle, a party has a continuing duty to advise the court and any other court considering custody, support, visitation, or paternity of a child, of the pendency of any other action concerning the child, whether the action is in this or another state.
The court may decline to exercise jurisdiction under this subsection if there is a proceeding pending in another court of competent jurisdiction.
If the court and another court both have pending actions involving a child described in paragraph (1) of this subsection, the court shall communicate with the other court expeditiously to determine the more appropriate court to take further action, consistent with the best interest of the child.
The court shall advise the parties of the decision and the basis for the decision.
The court has concurrent jurisdiction over proceedings against an adult for a violation of § 3-828 of this subtitle.
The court may waive its jurisdiction under this subsection on its own motion or on the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court.
On motion by the State’s Attorney or the adult charged under § 3-828 of this subtitle, the court shall waive its jurisdiction and the adult shall be tried in the criminal court according to the usual criminal procedure.
The age of the child at the time a petition is filed under § 3-828 of this subtitle controls the determination of jurisdiction under this subsection.
In this section, “uniformed services” has the meaning stated in § 9–901 of the State Government Article.
Except as provided in paragraph (2) of this subsection, the court has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary placement is under the age of 18 years when the petition is filed.
The court has jurisdiction under this subtitle over a former CINA:
Whose commitment to the local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months; and
Who did not exit foster care due to reunification, adoption, guardianship, marriage, or uniformed services duty.
If the court obtains jurisdiction over a child, that jurisdiction continues in that case until the child reaches the age of 21 years, unless the court terminates the case.
After the court terminates jurisdiction, a custody order issued by the court in a CINA case:
Remains in effect; and
May be revised or superseded only by another court of competent jurisdiction.
Notwithstanding subsection (c) of this section, if the court enters an order directing the provision of services to a child under § 3–819(c)(3) or § 3–823(h)(2)(vii) of this subtitle, the court retains jurisdiction to rule on any motion related to the enforcement, modification, or termination of the order, for as long as the order is effective.
A petition alleging that a child is a CINA shall be filed in the county where:
The child is residing when the petition is filed; or
The act on which the petition is based allegedly occurred.
A voluntary placement petition shall be filed in the county where:
The parent or legal guardian resides;
The former CINA’s commitment to the local department was rescinded; or
The former CINA receives voluntary placement services.
Whenever a petition is filed other than in the county where the child resides, the court, on its own motion or on motion of a party, may transfer the case at any time to any appropriate county, including a county where:
Another case involving custody, visitation, or support of the child is pending;
The child resides;
A parent of the child resides; or
The court determines it is in the child’s best interests for further proceedings concerning the child to take place.
Before the court transfers a case to another court in the State, the court shall communicate with the juvenile judge of the other court or the judge’s designee.
The court shall advise the parties of the decision made to transfer the case and the basis for the decision.
Before the court transfers a case to a court outside the State, the court shall communicate with the other court in accordance with the Maryland Uniform Child Custody Jurisdiction Act.
Within 15 days after the court orders a transfer, the clerk of the sending court shall forward to the receiving court every document on file with the sending court.
If a case is transferred to another court in this State, the receiving court shall treat the case as if it had been filed with that court initially and shall set hearing dates as close as practicable to those set forth in any pending orders issued by the sending court.
If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.
In every county, one or more judges shall be assigned specially to handle cases arising under this subtitle and Subtitle 8A of this title.
The assignment shall be made by the circuit administrative judge, subject to the approval of the Chief Justice of the Supreme Court of Maryland.
The judges so assigned are not subject to an automatic regular rotation.
To the extent feasible, the judges assigned under this section shall:
Desire to be so assigned;
Have the temperament necessary to deal properly with the cases and children likely to come before the court; and
Have special experience or training in juvenile causes and the problems of children likely to come before the court.
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 Justice of the Supreme Court of Maryland.
The standards expressed in § 3–806(b) of this subtitle, with respect to the assignment of judges, are applicable to the appointment of magistrates.
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.
A magistrate appointed for juvenile causes may conduct hearings.
Each proceeding shall be recorded, and the magistrate shall make findings of fact, conclusions of law, and recommendations as to an appropriate order.
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.
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.
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.
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.
In either case, the hearing shall be limited to those matters to which exceptions have been taken.
The proposals and recommendations of a magistrate for juvenile causes do not constitute orders or final action of the court.
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.
Detention, community detention, or shelter care may be ordered by a magistrate pending court review of the magistrate’s findings, conclusions, and recommendations.
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.
The court shall try cases under this subtitle without a jury.
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.
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:
A child over the age of 10 who would have been the subject of the petition, if appropriate;
The parent, guardian, or custodian of the child who would have been the subject of the petition; and
Each person or agency that requested that a petition be filed.
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.
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.
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.
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.
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.
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.
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.
The clerk of the court shall make a separate file for each case.
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.
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.
A separate petition shall be filed as to each child.
In this section the following words have the meanings indicated, unless the context of their use indicates otherwise.
“Abandon” means to leave a child without any provision for support and without any person who has accepted long–term responsibility to maintain care and have custody and control of the child when:
The whereabouts of the parent or guardian are unknown; and
The local department has made reasonable efforts to locate the parent or guardian over a period of at least 6 months and has been unsuccessful.
“Crime of violence”:
Has the meaning stated in § 14–101 of the Criminal Law Article; or
As to a crime committed in another state, means a crime that, if committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal Law Article.
“Torture” means to cause intense pain to body or mind for purposes of punishment or extraction of information or for sadistic purposes.
In a petition under this subtitle, a local department may ask the court to find that reasonable efforts to reunify a child with the child’s parent or guardian are not required if the local department concludes that a parent or guardian:
Has subjected the child to any of the following aggravated circumstances:
The parent or guardian has engaged in or facilitated:
Chronic or severe physical abuse of the child, a sibling of the child, or another child in the household;
Chronic and life–threatening neglect of the child, a sibling of the child, or another child in the household;
Sexual abuse of the child, a sibling of the child, or another child in the household; or
Torture of the child, a sibling of the child, or another child in the household;
The parent or guardian knowingly failed to take appropriate steps to protect the child after a person in the household inflicted sexual abuse, severe physical abuse, life–threatening neglect, or torture on the child or another child in the household;
The child, a sibling of the child, or another child in the household has suffered severe physical abuse or death resulting from abuse by the parent or guardian or another adult in the household and all persons who could have inflicted the abuse or caused the death remain in the household; or
The parent or guardian has abandoned the child;
Has been convicted, in any state or any court of the United States, of:
A crime of violence against:
A minor offspring of the parent or guardian;
The child; or
Another parent or guardian of the child; or
Aiding or abetting, conspiring, or soliciting to commit a crime described in item (i) of this item; or
Has involuntarily lost parental rights of a sibling of the child.
If the local department determines after the initial petition is filed that any of the circumstances specified in subsection (b) of this section exists, the local department may immediately request the court to find that reasonable efforts to reunify the child with the child’s parent or guardian are not required.
If the court finds by clear and convincing evidence that any of the circumstances specified in subsection (b) of this section exists, the court shall waive the requirement that reasonable efforts be made to reunify the child with the child’s parent or guardian.
If the court finds that reasonable efforts are not required, the local department shall:
Request that a permanency planning hearing be held in accordance with § 3–823 of this subtitle within 30 days after the court makes the finding; and
Make reasonable efforts to place the child in a timely manner in accordance with the permanency plan and complete the steps necessary to finalize the permanent placement of the child.
If a parent consents to guardianship or adoption in accordance with § 5–320 or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary.
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.
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:
Indigent; or
Otherwise not represented and:
Under the age of 18 years; or
Incompetent by reason of mental disability.
The Office of the Public Defender may not represent a party in a CINA proceeding unless the party:
Is the parent or guardian of the alleged CINA;
Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and
Is financially eligible for the services of the Public Defender.
A child who is the subject of a CINA petition shall be represented by counsel.
Unless the court finds that it would not be in the best interests of the child, the court shall:
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
If another attorney has previously been appointed, strike the appearance of that attorney.
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.
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.
A child may be taken into custody under this subtitle by any of the following methods:
In accordance with an order of the court;
In accordance with § 5-709 of the Family Law Article; or
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.
Whenever a law enforcement officer takes a child into custody under this section, the officer shall:
Immediately notify the child’s parent, guardian, or custodian;
Immediately notify the local department; and
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.
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.
The court may proceed against the parent, guardian, or custodian for contempt.
In accordance with regulations adopted by the Department of Human Services, a local department may authorize shelter care for a child who may be in need of assistance and has been taken into custody under this subtitle.
A local department may place a child in emergency shelter care before a hearing if:
Placement is required to protect the child from serious immediate danger;
There is no parent, guardian, custodian, relative, or other person able to provide supervision; and
The child’s continued placement in the child’s home is contrary to the welfare of the child; and
Because of an alleged emergency situation, removal from the home is reasonable under the circumstances to provide for the safety of the child; or
Reasonable efforts have been made but have been unsuccessful in preventing or eliminating the need for removal from the child’s home; and
As appropriate, reasonable efforts are being made to return the child to the child’s home.
Whenever a child is not returned to the child’s parent, guardian, or custodian, the local department shall immediately file a petition to authorize continued shelter care.
The court shall hold a shelter care hearing on the petition before disposition to determine whether the temporary placement of the child outside of the home is warranted.
Unless extended on good cause shown, a shelter care hearing shall be held not later than the next day on which the circuit court is in session.
If the child’s parents, guardian, custodian, or relatives can be located, reasonable notice, oral or written, stating the time, place, and purpose of the shelter care hearing shall be given.
A court may not order shelter care for more than 30 days except that shelter care may be extended for up to an additional 30 days if the court finds after a hearing held as part of an adjudication that continued shelter care is needed to provide for the safety of the child.
Unless good cause is shown, a court shall give priority to the child’s relatives over nonrelatives when ordering shelter care for a child.
Subject to subsection (e) of this section, a court may continue shelter care beyond emergency shelter care only if the court finds that:
Return of the child to the child’s home is contrary to the safety and welfare of the child; and
Removal of the child from the child’s home is necessary due to an alleged emergency situation and in order to provide for the safety of the child; or
Reasonable efforts were made but were unsuccessful in preventing or eliminating the need for removal of the child from the home.
If a child’s parent is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children and the child is in the presence of the child’s parent for the duration of the child’s parent’s treatment, there is a presumption that:
Placement with the child’s parent is in the best interest of the child; and
There is not an emergency situation under the provisions of subsection (d)(2)(i) of this section.
This subsection may not be construed to prohibit another parent or a guardian, a custodian, a relative, or another person able to provide supervision and care from providing supervision and care for a child for the duration of the child’s parent’s treatment if the other parent, guardian, custodian, relative, or other person agrees to provide supervision and care.
If the court continues shelter care on the basis of an alleged emergency, the court shall assess whether the absence of efforts to prevent removal was reasonable.
If the court finds that the absence of efforts to prevent removal was not reasonable, the court shall make a written determination so stating.
The court shall make a written determination as to whether reasonable efforts are being made to make it possible to return the child to the child’s home or whether the absence of such efforts is reasonable.
An alleged CINA may not be placed in:
Detention, as defined in § 3–8A–01 of this title; or
A mental health facility, unless committed involuntarily in accordance with §§ 10–613 through 10–619 of the Health – General Article.
If the child is alleged to be in need of assistance because of a mental disorder or a developmental disability, the child may be placed in a shelter care facility maintained or licensed by the Maryland Department of Health or, if no such facility is available, in a private home or shelter care facility approved by the court.
If the child is alleged to be in need of assistance for any other reason, the child may be placed in a shelter care facility maintained or approved by the Social Services Administration or in a private home or shelter care facility approved by the court.
An alleged CINA may not be placed in a shelter care facility that is not operating in compliance with applicable State licensing laws.
The Secretary of Human Services, the Secretary of Juvenile Services, the Secretary of Health, the State Superintendent of Schools, and the Special Secretary for Children, Youth, and Families, when appropriate, shall jointly adopt regulations to ensure that any child placed in shelter care in accordance with a petition filed under this section is provided appropriate services, including:
Health care services;
Mental health care services;
Counseling services;
Education services;
Social work services;
Substance use disorder assessment or treatment services; and
Visitation with siblings and biological family.
In addition to any other provision, the regulations shall require the local department:
Within 45 days of placement of a child in a shelter care facility, to develop a plan to assess the child’s treatment needs; and
To submit the plan to all parties to the petition and their counsel.
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.
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.
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.
Placement in an inpatient facility may not exceed 21 days unless the court finds good cause.
The report of a study under this section is admissible as evidence at a disposition hearing but not at an adjudicatory hearing.
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.
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.
The provisions of this section apply to a hearing conducted in accordance with § 3–815, § 3–817, § 3–819, or § 3–823 of this subtitle or a review hearing conducted in accordance with § 5–326 of the Family Law Article in which a child is placed under an order of guardianship, commitment, or shelter care.
In a hearing conducted in accordance with § 3–815, § 3–817, § 3–819, or § 3–823 of this subtitle, the court shall make a finding whether the local department made reasonable efforts to prevent placement of the child into the local department’s custody.
In a review hearing conducted in accordance with § 3–823 of this subtitle or § 5–326 of the Family Law Article, the court shall make a finding whether a local department made reasonable efforts to:
Finalize the permanency plan in effect for the child;
Meet the needs of the child, including the child’s health, education, safety, and preparation for independence; and
For a child who is at least 18 years of age:
Before the child is emancipated, enroll the child in health insurance that will continue after the child is emancipated;
Before the child is emancipated, screen the child for eligibility for public benefits and assist the child with applications for public benefits;
Work with appropriate individuals to establish a plan for stable housing that is reasonably expected to remain available to the child for at least 12 months after the date of emancipation; and
Work with appropriate individuals to engage the child in education, training, or employment activities that will prepare the child to have appropriate and sufficient income to live independently after emancipation.
In a hearing conducted in accordance with § 3–815, § 3–817, or § 3–819 of this subtitle, before determining whether a child with a developmental disability or a mental illness is a child in need of assistance, the court shall make a finding whether the local department made reasonable efforts to prevent placement of the child into the local department’s custody by determining whether the local department could have placed the child in accordance with a voluntary placement agreement under § 5–525(b)(1)(i) or (iii) of the Family Law Article.
The court shall require a local department to provide evidence of its efforts before the court makes a finding required under this subsection.
The court’s finding under this subsection shall assess the efforts made since the last adjudication of reasonable efforts and may not rely on findings from prior hearings.
In making its findings in accordance with subsection (b) of this section, the court shall consider:
The extent to which a local department has complied with the law, regulations, state or federal court orders, or a stipulated agreement accepted by the court regarding the provision of services to a child in an out–of–home placement;
Whether a local department has ensured that:
A caseworker is promptly assigned to and actively responsible for the case at all times;
The identity of the caseworker has been promptly communicated to the court and the parties; and
The caseworker is knowledgeable about the case and has received on a timely basis all pertinent files and other information after receiving the assignment from the local department;
For a hearing under § 3–823 of this subtitle, whether a local department has provided appropriate services that facilitate the achievement of a permanency plan for the child, including consideration of in–State and out–of–state placement options;
Whether the child’s placement has been stable and in the least restrictive setting appropriate, available, and accessible for the child during the period since the most recent hearing held by the court;
Whether a local department notified the court and all parties before any change of placement for the child, or, if emergency conditions made a change necessary, as soon as possible after the change of placement;
On receipt of a report of maltreatment of a child occurring while the child is in the custody of a local department, whether the local department provided the appropriate parties, including the child’s attorney, a report or notice of a report of the suspected maltreatment of the child and of the disposition of the investigation within the time required by regulation and court order; and
Whether a local department has provided appropriate and timely services to help maintain the child in the child’s existing placement, including all services and benefits available in accordance with State law, regulations, state and federal court orders, stipulated agreements, or professional standards regarding the provision of services to children in out–of–home placements.
In making a finding in accordance with subsection (b) of this section, a court may not consider a potential loss of federal funding for placement of a child that may result from a determination that reasonable efforts were not made.
A court shall make the findings required under subsection (b) of this section in writing if it finds that reasonable efforts are being made for a child, but also finds that at least one of the following conditions exists:
A local department did not comply with law, regulations, court orders, or agreements described in subsection (c)(1) of this section;
A local department did not ensure continuity of casework as described in subsection (c)(2) of this section;
A local department did not provide the services described in subsection (c)(3) of this section;
During the period since the most recent court hearing, the child has not been placed in a stable placement or in the least restrictive setting appropriate, available, and accessible for the child;
A local department failed to provide reports or notices of reports in a timely manner as described in subsection (c)(5) or (6) of this section; or
A local department has not provided the services described in subsection (c)(7) of this section.
If the court finds that reasonable efforts for a child were not made in accordance with subsection (b) of this section or finds that reasonable efforts were made but that one of the conditions described in subsection (e) of this section exists, the court promptly shall send its written findings to:
The director of the local department;
The Social Services Administration;
The State Citizens Review Board for Children established under § 5–535 of the Family Law Article;
If applicable, the local citizens review panel established under § 5–539.2 of the Family Law Article; and
Any individual or agency identified by a local department or the court as responsible for monitoring the care and services provided to children in the legal custody or guardianship of the local department on a systematic basis.
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.
At a review hearing under this section, the court shall:
Evaluate the safety of the child;
Determine the continuing necessity for and appropriateness of any out–of–home placement;
Determine the appropriateness of and extent of compliance with the case plan for the child;
Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating the court’s jurisdiction; and
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.
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.
At a hearing under this subsection, the court shall:
Review the assessment of the child conducted by a qualified individual;
Consider whether the needs of the child can be met through placement in a foster family home;
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
In determining the educational stability of a child under this section, the court may consider the following factors:
The appropriateness of the child’s current school placement;
The school placement of the child’s siblings;
The minimization of school changes;
The proximity of the school to the child’s placement;
Transportation to and from school;
The proper release and prompt transfer of the child’s education records;
The child’s school attendance;
The identification of and consultation with the child’s educational guardian;
The maintenance of any individual education plan (IEP); and
The child’s appropriate grade level progress or progress toward graduation.
After a CINA petition is filed under this subtitle, the court shall hold an adjudicatory hearing.
The rules of evidence under Title 5 of the Maryland Rules shall apply at an adjudicatory hearing.
The allegations in a petition under this subtitle shall be proved by a preponderance of the evidence.
Except as provided in subsection (b) of this section, within 1 year after a child’s birth, there is a presumption that a child is not receiving proper care and attention from the parent for purposes of § 3–801(f)(2) of this subtitle if:
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 parent or child; or
Upon admission to a hospital for delivery of the child, the parent tested positive for cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and
Substance use disorder treatment is made available to the parent and the parent refuses the recommended level of substance use disorder treatment, or does not successfully complete the recommended level of substance use disorder treatment.
There is a presumption that a child is receiving proper care and attention from the parent for purposes of § 3–801(f)(2) of this subtitle if:
The parent is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children; and
The child is in the presence of the child’s parent for the duration of the child’s parent’s treatment.
This subsection may not be construed to prohibit another parent or a guardian, a custodian, a relative, or another person able to provide supervision and care from providing supervision and care for a child for the duration of the child’s parent’s treatment if the other parent, guardian, custodian, relative, or other person agrees to provide supervision and care.
Unless a CINA petition under this subtitle is dismissed, the court shall hold a separate disposition hearing after an adjudicatory hearing to determine whether the child is a CINA.
The disposition hearing shall be held on the same day as the adjudicatory hearing unless on its own motion or motion of a party, the court finds that there is good cause to delay the disposition hearing to a later day.
If the court delays a disposition hearing, it shall be held no later than 30 days after the conclusion of the adjudicatory hearing unless good cause is shown.
In making a disposition on a CINA petition under this subtitle, the court shall:
Find that the child is not in need of assistance and, except as provided in subsection (e) of this section, dismiss the case;
Hold in abeyance a finding on whether a child with a developmental disability or a mental illness is a child in need of assistance and:
Order the local department to assess or reassess the family’s and child’s eligibility for placement of the child in accordance with a voluntary placement agreement under § 5–525(b)(1)(i) of the Family Law Article;
Order the local department to report back to the court in writing within 30 days unless the court extends the time period for good cause shown;
If the local department does not find the child eligible for placement in accordance with a voluntary placement agreement, hold a hearing to determine whether the family and child are eligible for placement of the child in accordance with a voluntary placement agreement; and
After the hearing:
Find that the child is not in need of assistance and order the local department to offer to place the child in accordance with a voluntary placement agreement under § 5–525(b)(1)(i) of the Family Law Article;
Find that the child is in need of assistance; or
Dismiss the case; or
Subject to paragraph (2) of this subsection, find that the child is in need of assistance and:
Not change the child’s custody status; or
Commit the child on terms the court considers appropriate to the custody of:
A parent;
Subject to § 3–819.2 of this subtitle, a relative, or other individual; or
A local department, the Maryland Department of Health, or both, including designation of the type of facility where the child is to be placed.
In this paragraph, “disability” means:
A physical or mental impairment that substantially limits one or more of an individual’s major life activities;
A record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or
Being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
“Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.
In making a disposition on a CINA petition under this subtitle, a disability of the child’s parent, guardian, or custodian is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the ability of the parent, guardian, or custodian to give proper care and attention to the child and the child’s needs.
Unless good cause is shown, a court shall give priority to the child’s relatives over nonrelatives when committing the child to the custody of an individual other than a parent.
If the court finds that a child enrolled in a public elementary or secondary school is in need of assistance and commits the child to the custody of a local department, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child has been found to be in need of assistance and has been committed to the custody of a local department.
If the court rescinds the commitment order for a child enrolled in a public elementary or secondary school, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child is no longer committed to the custody of a local department of social services.
The notice authorized under paragraphs (1) and (2) of this subsection may not include any order or pleading related to the child in need of assistance case.
In addition to any action under subsection (b)(1)(iii) of this section, the court may:
Place a child under the protective supervision of the local department on terms the court considers appropriate;
Grant limited guardianship to the department or an individual or both for specific purposes including medical and educational purposes or for other appropriate services if a parent is unavailable, unwilling, or unable to consent to services that are in the best interest of the child; or
Order the child and the child’s parent, guardian, or custodian to participate in rehabilitative services that are in the best interest of the child and family;
Determine custody, visitation, support, or paternity of a child in accordance with § 3–803(b) of this subtitle; and
For a child with a developmental disability, direct the provision of services to obtain ongoing care, if any, needed after the court’s jurisdiction ends.
If guardianship of a child is awarded to the local department under this subtitle, the local department shall notify the parents of the child and their attorneys as soon as practicable of any emergency decision made by the guardian with respect to the child under § 3–801(o) of this subtitle.
If the allegations in the petition are sustained against only one parent of a child, and there is another parent available who is able and willing to care for the child, the court may not find that the child is a child in need of assistance, but, before dismissing the case, the court may award custody to the other parent.
If the disposition removes a child from the child’s home, the order shall:
Set forth specific findings of fact as to the circumstances that caused the need for the removal; and
Inform the parents, custodian, or guardian, if any, that the person or agency to which the child is committed may change the permanency plan of reunification to another permanency plan, which may include the filing of a petition for termination of parental rights if the parents:
Have not made significant progress to remedy the circumstances that caused the need for the removal as specified in the court order; and
Are unwilling or unable to give the child proper care and attention within a reasonable period of time.
A guardian appointed under this section has no control over the property of the child unless the court expressly grants that authority.
If a guardian appointed under this section is a local department, the court shall, on request of the local department, issue a separate order granting the local department guardianship authority to establish:
An individual savings account;
If the local department is unable to establish an individual savings account due to the child’s age, an ABLE account in accordance with the provisions of Title 18, Subtitle 19C of the Education Article; or
A pooled special needs trust under § 14.5–1002 of the Estates and Trusts Article.
An order authorizing a local department to establish an account or a trust as the guardian of a child under subparagraph (i) of this paragraph shall:
Require that funds deposited to establish an ABLE account under subparagraph (i)2 of this paragraph be in an FDIC–insured portfolio option that most minimizes the risk of capital loss;
Prohibit the local department from withdrawing funds from any account or trust established under the order; and
Require the local department to provide prompt notice to a financial institution, including contact information for the child or subsequent guardian of the child, of the termination of the guardianship under this subtitle or Title 5, Subtitle 3 of the Family Law Article.
The court may not commit a child for inpatient care and treatment in a psychiatric facility unless the court finds on the record based on clear and convincing evidence that:
The child has a mental disorder;
The child needs inpatient medical care or treatment for the protection of the child or others;
The child is unable or unwilling to be voluntarily admitted to such facility; and
There is no less restrictive form of intervention available that is consistent with the child’s condition and welfare.
The court may not commit a child for inpatient care and treatment in a facility for the developmentally disabled unless the court finds on the record based on clear and convincing evidence that:
The child is developmentally disabled;
The condition is of such a nature that for the adequate care or protection of the child or others, the child needs in–residence care or treatment; and
There is no less restrictive form of care and treatment available that is consistent with the child’s welfare and safety.
Each commitment order issued under subsection (h) or (i) of this section shall require the custodian to file progress reports with the court at intervals no greater than every 6 months during the life of the order.
The custodian shall provide each party or attorney of record with a copy of each report, which shall be considered at the next scheduled hearing.
After the first 6 months of the commitment and at 6–month intervals thereafter, on the request of any party, the custodian, or the facility, the court shall hold a hearing to determine whether the standards specified in subsection (h) or (i) of this section continue to be met.
If an individualized treatment plan developed under § 10–706 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (h) of this section, the court shall grant a hearing to review the commitment order.
The court may grant a hearing at any other time to determine whether the standards specified in subsection (h) of this section continue to be met.
If an individualized plan of habilitation developed under § 7–1006 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (i) of this section, the court shall grant a hearing to review the commitment order.
The court may grant a hearing at any other time to determine whether the standards specified in subsection (i) of this section continue to be met.
An order vesting legal custody of a child in a person or agency is effective for an indeterminate period of time, but is not effective after the child reaches the age of 21.
After giving the parent a reasonable opportunity to be heard, and determining the income of the parent, the court may order either parent or both parents to pay a sum in the amount the court directs to cover wholly or partly the support of the child under this subtitle.
An order directing the provision of services to a child under subsection (c)(3) of this section is effective until:
The child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and
The Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or
If the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.
Within 30 days after a voluntary placement petition is filed, the court shall hold a voluntary placement hearing and shall make findings as to:
Whether continuation of the placement is in the child’s best interests; and
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.
Except as provided in subsection (c) of this section, in making a disposition on a voluntary placement petition under this section, the court shall:
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;
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;
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
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.
In making a disposition on a voluntary placement petition for a former CINA, the court shall:
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
Order the former CINA’s voluntary placement to be terminated; and
Terminate the local department’s placement and care responsibilities for the former CINA.
In this section, “disability” means:
A physical or mental impairment that substantially limits one or more of an individual’s major life activities;
A record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or
Being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
“Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.
Subject to subsection (f) of this section, the court may grant custody and guardianship to a relative or a nonrelative under this subtitle.
An order granting custody and guardianship to an individual under this section:
Rescinds the child’s commitment to the local department;
Achieves the child’s permanency plan;
Terminates the local department’s legal obligations and responsibilities to the child; and
Terminates the child’s case, unless the court finds good cause not to terminate the child’s case.
A guardian appointed under this subtitle has legal custody of the child unless the court that appoints the guardian gives legal custody to another person.
If a court finds good cause not to terminate a child’s case under subsection (c) of this section, the court:
May order any further reviews that the court determines to be in the child’s best interests;
Shall conduct a review hearing at least every 12 months until the case is terminated; and
May not conclude a review hearing unless the court has seen the child in person.
Before granting custody and guardianship under this section, the court shall consider:
Any assurance by the local department that it will provide funds for necessary support and maintenance for the child;
All factors necessary to determine the best interests of the child; and
A report by a local department or a licensed child placement agency, completed in compliance with regulations adopted by the Department of Human Services, on the suitability of the individual to be the guardian of the child.
The report under paragraph (1)(iii) of this subsection shall include a:
Home study;
Child protective services history;
Criminal history records check; and
Review of the proposed guardian’s physical and mental health history.
If the local department has not produced the report described in paragraph (1)(iii) of this subsection within 120 days after the date that the court issued the order to the local department to produce the report, the court shall:
Hold an immediate hearing to determine the causes of the delay;
State on the record the determined causes of the delay; and
Make a determination as to whether the progress of the local department is acceptable.
Following the hearing required under paragraph (3) of this subsection, the court shall:
Grant the local department an extension of no more than 90 days; or
Order production of the report by a licensed child placement agency, within a reasonable time and order the local department to bear the cost.
In determining whether to grant custody and guardianship to a relative or a nonrelative under this section, a disability of the relative or nonrelative is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the best interest of the child.
A court may not enter an order granting custody and guardianship under this section until the report under subsection (f)(1)(iii) of this section is submitted to and considered by the court.
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:
Removal is required to protect the child from serious immediate danger;
The child’s continued placement in the court-ordered placement is contrary to the welfare of the child; or
The person or agency with whom the child is placed has requested the immediate removal of the child.
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.
The local department shall provide the address and phone number of the child’s new placement to the child’s counsel.
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.
The motion shall set forth:
The facts on which the local department relied in removing the child; and
The identity of each witness.
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.
All parties shall be given reasonable notice of the hearing.
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.
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.
At the full hearing on the merits, the rules of evidence under Title 5 of the Maryland Rules shall apply.
The hearing may be postponed by agreement of the parties or for good cause shown.
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:
Is or may be detrimental or harmful to a child over whom the court has jurisdiction;
Will tend to defeat the execution of an order or disposition made or to be made under this subtitle; or
Will assist in the rehabilitation of or is necessary for the welfare of the child.
Subsection (a) of this section shall apply to a person not a party to the petition if the person is given:
Notice of the proposed order controlling the person’s conduct; and
The opportunity to contest the entry of the proposed order.
An order issued under this section is enforceable under Title 15, Chapter 200 of the Maryland Rules.
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.
In carrying out paragraph (1) of this subsection, the court shall:
Inform all parties present of their continuing obligation to assist the court in identifying and locating each parent of each child;
Inform the parents present of their continuing obligation to keep the clerk of the court apprised of their current address;
Inform the parents present of available means to establish paternity, if not yet established; and
If appropriate, refer the parents to the appropriate support enforcement agency to establish paternity and support.
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.
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.
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.
The court may:
Order a parent or putative parent to:
Apply for child support services with the appropriate support enforcement agency; and
Cooperate with the appropriate support enforcement agency to establish paternity and child support; and
Make a finding of paternity in accordance with Title 5, Subtitle 10, Part VI of the Family Law Article.
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.
In this section, “out–of–home placement” has the meaning stated in § 5–501 of the Family Law Article.
The court shall hold a permanency planning hearing to determine the permanency plan for a child:
No later than 11 months after a child committed under § 3–819 of this subtitle or continued in a voluntary placement under § 3–819.1(b) of this subtitle enters an out–of–home placement; or
Within 30 days after the court finds that reasonable efforts to reunify a child with the child’s parent or guardian are not required based on a finding that a circumstance enumerated in § 3–812 of this subtitle has occurred.
For purposes of this section, a child shall be considered to have entered an out–of–home placement 30 days after the child is placed into an out–of–home placement.
If all parties agree, a permanency planning hearing may be held on the same day as the reasonable efforts hearing.
On the written request of a party or on its own motion, the court may schedule a hearing at any earlier time to determine a permanency plan or to review the implementation of a permanency plan for any child committed under § 3–819 of this subtitle.
A written request for review shall state the reason for the request and each issue to be raised.
At least 10 days before the permanency planning hearing, the local department shall provide all parties and the court with a copy of the local department’s permanency plan for the child.
At a permanency planning hearing, the court shall:
Determine the child’s permanency plan, which, to the extent consistent with the best interests of the child, may be, in descending order of priority:
Reunification with the parent or guardian;
Placement with a relative for:
Adoption; or
Custody and guardianship under § 3–819.2 of this subtitle;
Adoption by a nonrelative;
Custody and guardianship by a nonrelative under § 3–819.2 of this subtitle; or
For a child at least 16 years old, another planned permanent living arrangement that:
Addresses the individualized needs of the child, including the child’s educational plan, emotional stability, physical placement, and socialization needs; and
Includes goals that promote the continuity of relations with individuals who will fill a lasting and significant role in the child’s life; and
For a child at least 14 years old, determine the services needed to assist the child to make the transition from placement to successful adulthood.
In determining the child’s permanency plan, the court shall consider the factors specified in § 5–525(f)(1) of the Family Law Article.
The court may not order a child to be continued in a placement under subsection (e)(1)(i)5 of this section unless the court finds that the person or agency to which the child is committed has documented a compelling reason for determining that it would not be in the best interest of the child to:
Return home;
Be referred for termination of parental rights; or
Be placed for adoption or guardianship with a specified and appropriate relative or legal guardian willing to care for the child.
In the case of a child for whom the court determines that the plan should be changed to adoption under subsection (e)(1)(i)3 of this section, the court shall:
Order the local department to file a petition for guardianship in accordance with Title 5, Subtitle 3 of the Family Law Article within 30 days or, if the local department does not support the plan, within 60 days; and
Schedule a TPR hearing instead of the next 6–month review hearing.
The court shall conduct a hearing to review the permanency plan at least every 6 months until commitment is rescinded or a voluntary placement is terminated.
At the review hearing, the court shall:
Determine the continuing necessity for and appropriateness of the commitment;
Determine and document in its order whether reasonable efforts have been made to finalize the permanency plan that is in effect;
Determine the appropriateness of and the extent of compliance with the case plan for the child;
Determine the extent of progress that has been made toward alleviating or mitigating the causes necessitating commitment;
Project a reasonable date by which a child in placement may be returned home, placed in a preadoptive home, or placed under a legal guardianship;
Evaluate the safety of the child and take necessary measures to protect the child;
Change the permanency plan if a change in the permanency plan would be in the child’s best interest; and
For a child with a developmental disability, direct the provision of services to obtain ongoing care, if any, needed after the court’s jurisdiction ends.
When the permanency plan is another planned permanent living arrangement, the review hearing shall include:
A determination on the adequacy of the steps the local department is taking to ensure that the child’s foster family home or child care institution is following the reasonable and prudent parent standard;
A determination of whether the child has regular, ongoing opportunities to engage in age–appropriate or developmentally appropriate activities; and
A consultation with the child in an age–appropriate manner about the opportunities for the child to participate in the activities described in item (ii) of this paragraph.
For a child placed in a qualified residential treatment program, the court shall:
Determine whether the ongoing needs assessments of the child support continued placement of the child in a qualified residential treatment program;
Determine whether placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and
Determine whether the continued placement 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.
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 paragraph.
Every reasonable effort shall be made to effectuate a permanent placement for the child within 24 months after the date of initial placement.
At a review hearing under this section, the court shall consider any written report of a local out–of–home care review board required under § 5–545 of the Family Law Article.
At least every 12 months at a hearing under this section, the court shall consult on the record with the child in an age–appropriate manner to obtain the child’s views on permanency.
If, after a hearing or with the agreement of all parties, the court determines that the child is medically fragile and that it is detrimental to the child’s physical or mental health to be transported to the courthouse, the court may, subject to subparagraph (ii) of this paragraph:
Visit the child at the child’s placement and use appropriate technology to document the consultation for the record; or
Use video conferencing to consult with the child on the record during the hearing.
If the court visits the child at the child’s placement under subparagraph (i)1 of this paragraph or uses video conferencing under subparagraph (i)2 of this paragraph, the court shall give each party notice and an opportunity to attend the visit or the video conferencing, unless the court determines that it is not in the best interest of the child for a party to attend the visit or the video conferencing.
Subject to the provisions of paragraph (2)(ii) of this subsection, if the child’s placement is outside the State and, after a hearing or with the agreement of all parties, the court determines that it is not in the best interest of the child to be transported to the court, the court may use video conferencing to consult with the child on the record during the hearing.
An order directing the provision of services to a child under subsection (h)(2)(viii) of this section is effective until:
The child is transitioned to adult guardianship care if adult guardianship is necessary and there is no less restrictive alternative that meets the needs of the child; and
The Maryland Department of Health enters into an agreement to provide or obtain the services ordered by the court; or
If the Maryland Department of Health challenges the necessity of the services ordered by the court, the conclusion of any administrative or judicial review proceeding regarding the challenge.
The court shall hear and rule on a petition seeking an order for emergency medical or psychiatric treatment on an expedited basis.
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.
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.
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.
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.
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.
Unless an individualized treatment plan developed under § 10-706 of the Health - General Article indicates otherwise, 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 adults who are confined to that facility or institution; or
Treated in any group with adults.
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.
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.
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.
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.
This subsection does not prohibit review of a court record by:
Personnel of the court;
A party;
Counsel for a party;
A Court–Appointed Special Advocate for the child;
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
The Department of Juvenile Services if the Department is providing treatment, services, or care to a child who is the subject of the record.
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.
On its own motion or on petition, and for good cause shown, the court:
May order the court records of a child sealed; and
Shall order them sealed after the child has reached the age of 21.
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.
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.
A person may be convicted under this section even if the child is not adjudicated a CINA.
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.
A petition alleging a violation of this section shall be prepared and filed by the State’s Attorney.
If an adult is charged under this section, the allegations shall be proved beyond a reasonable doubt.
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.
In this section the following words have the meanings indicated.
“Advocate” or “C.A.S.A.” means a Court–Appointed Special Advocate.
“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:
Provide the court with background information to aid it in making decisions in the child’s best interest; and
Ensure that the child is provided appropriate case planning and services.
There is a Court–Appointed Special Advocate Program.
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:
A CINA proceeding;
A custody and guardianship proceeding under § 3–819.2 of this subtitle; or
A guardianship review proceeding under Title 5, Subtitle 3 of the Family Law Article.
The Administrative Office of the Courts:
Shall administer the Program;
Shall report annually to the Chief Justice of the Supreme Court of Maryland and, subject to § 2–1257 of the State Government Article, to the General Assembly regarding the operation of the Program; and
May adopt rules governing the implementation and operation of the Program including funding, training, selection, and supervision of volunteers.
The Governor may include funds in the budget to carry out the provisions of this section.
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.