# Courts and Judicial Proceedings (GCJ)

## Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action

### Subtitle 8A. Juvenile Causes -- Children Other Than Cinas and Adults

#### Section 3-8A-17.7

(a) At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, has a mental disorder, as defined in Sec. 10-620 of the Health - General Article, and is a danger to the life or safety of the child or others, the court may order a petition for emergency evaluation under Sec. 10-622 of the Health - General Article.

(b) At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, and has a developmental disability, as defined in Sec. 7-101 of the Health - General Article, the court may order the Developmental Disabilities Administration to evaluate the child within 30 days to determine the child's eligibility for services under Title 7 of the Health - General Article.

(c) At a competency hearing, if the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court:

  (1) May dismiss the delinquency petition or violation of probation petition; and

  (2) After the expiration of the time periods for dismissal specified in Sec. 3-8A-17.9 of this subtitle, shall dismiss the delinquency petition or violation of probation petition.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)