Rule 11-218 - MODIFICATION OR VACATION OF ORDER(a)Authority(1)Generally Except as otherwise provided in paragraph (2) of this section, an order of the court entered in a CINA proceeding may be modified or vacated if the court finds that action to be in the best interest of the child. (2)Limitations If another Rule in this Chapter or in Code, Courts Article, Title 3, Subtitle 8 provides a limitation on the general authority set forth in this section, or a standard or procedure that is different from or additional to the provisions of this Rule, that limitation, standard, or procedure shall prevail. (b)On Motion, Petition, or Own Initiative(1)Generally The court may proceed under this Rule on motion of a party, on petition of any other person, institution, or agency having supervision or custody of a respondent child, or on its own initiative. (2)Motion; Petition A motion or petition shall set forth concisely and with particularity the relief sought and the grounds for that relief. (3)Own Initiative If the court proceeds on its own initiative, the order shall set forth the grounds on which it is based. (c)Hearing If the relief sought is a change in the custody, guardianship, visitation, or commitment of a respondent child and a hearing is requested, a hearing shall be held. In all other cases, the court may grant or deny the requested relief, in whole or in part, without a hearing. (d)Time to Appeal A motion filed pursuant to this Rule, if filed within 10 days of the entry of an order, shall act as a stay on the time for filing an appeal. Md. R. Juv. Causes 11-218
Source: This Rule is derived in part from former Rule 11-116(2021) and is in part new.
Adopted Nov 9, 2021, eff. 1/1/2022.Committee note: Various provisions in Code, Courts Article, Title 3, Subtitle 8, mostly dealing with disposition and postdisposition orders, provide certain substantive standards, limitations, and procedures, including the extent to which the Rules in Title 5 shall strictly apply, that may differ from or supplement the general provisions in this Rule. See, in particular, §§ 3-819.2, 3-802, and 3-823. Some of those provisions are incorporated into other Rules in this Chapter. To the extent of any inconsistency between those provisions and this Rule, those provisions, to the extent applicable, shall prevail.