Rule 11-216 - DISPOSITION HEARING AND ORDER(a)Generally Unless a CINA petition is dismissed, the court shall: (1) determine promptly any pending motion to intervene; and(2) conduct a separate disposition hearing to determine whether the respondent child is a child in need of assistance as defined in Code, Courts Article, § 3-801(f). (b)Scheduling(1) The disposition hearing shall be held on the same day as the adjudicatory hearing unless the court, on motion of a party or on its own initiative, finds good cause for a postponement.(2) If the court postpones the disposition hearing, it shall be held no later than 30 days after the conclusion of the adjudicatory hearing, unless the court finds good cause for a further delay.(c)Purpose of HearingThe purpose of a disposition hearing is to determine:
(1) whether the child is in need of assistance; and(2) if so, the nature and extent of the court's intervention necessary to protect the child's health, safety, and well-being. Cross reference: See Code, Courts Article, § 3-801(m). Cross reference: See Code, Courts Article, § 3-812.
(d)Possible Dispositions The court shall make one of the following dispositions: (1) find that the child is not in need of assistance and, subject to entering an order of custody pursuant to Code, Courts Article, § 3-819(e), dismiss the petition;(2) hold in abeyance a finding whether a child with a developmental disability or mental illness is a child in need of assistance and take an action provided for in Code, Courts Article, § 3-819(b)(1)(ii); or(3) find that the child is in need of assistance and take one or more of the actions provided for in Code, Courts Article, § 3-819 or § 3-819.2, as appropriate.(e)Inpatient Commitment to Certain Facilities(1)Order for Evaluation If the court has reason to believe that a child should be placed for inpatient care or treatment in a psychiatric facility or facility for developmentally disabled persons and has not already received a current evaluation report pursuant to Rule 11-210, it shall order that the child be evaluated pursuant to that Rule. The order shall require the agency conducting the evaluation to submit a written report setting forth: (A) the extent to which the standard for commitment set forth in Code, Courts Article, § 3-819(h) or (i) is met;(B) the basis for that finding; and(C) the reason for its recommended disposition.(2)Conduct of Evaluation(A) The evaluation shall be conducted on an outpatient basis unless, considering the child's condition, that is not feasible.(B) If an inpatient evaluation is necessary, the court may authorize the admission of the child to a facility for a period not to exceed 21 days unless, for good cause, the court extends that time.(3)Limitations on Commitment The court may not commit a child for inpatient care and treatment in a psychiatric facility or a facility for developmentally disabled persons unless the court finds by clear and convincing evidence that the standards set forth in Code, Courts Article, § 3-819(h) or (i) are met. (4)Commitment for Inpatient Care and Treatment Each order that commits a child for inpatient care and treatment in a psychiatric facility or facility for developmentally disabled persons shall require the custodian to file progress reports with the court at intervals no greater than every six months during the life of the order. Cross reference: See Rule 11-218 requiring periodic review hearings based on progress reports.
(f)Statement of Reasons(1)By a Judge If the disposition hearing is conducted by a judge and the disposition order includes placement of the child outside the child's home, the judge shall announce and dictate into the record a statement of the reasons for the placement. (2)By a Magistrate If the disposition hearing is conducted by a magistrate, the magistrate shall comply with Rule 11-103(c). (3)Reasonable Efforts Finding The court shall make a finding as required by Code, Courts Article, § 3-816.1. Md. R. Juv. Causes 11-216
Source: This Rule is derived from former Rule 11-115(2021).
Adopted Nov 9, 2021, eff. 1/1/2022.