Rule 11-219 - POST DISPOSITION REVIEW AND MODIFICATION; PERMANENCY PLANS(a) Status Review (1) Generally Except as provided in subsection (a)(2) of this Rule, the court shall conduct a hearing to review the status of a child under its jurisdiction within six months after the filing of the first petition under this subtitle and at least every six months thereafter.
(2) Qualified Residential Treatment Program If a child has been placed in a qualified residential treatment program, the court shall conduct a hearing to review the status of the child and determine the appropriateness of the placement within 60 days after the child enters the placement. Cross reference: See Code, Courts Article, § 3-816.2 regarding considerations at a review hearing under this section.
(b) Review of Custody and Guardianship After granting custody or guardianship of a child to an individual pursuant to Code, Courts Article, § 3-819.2, the court may order such further reviews as it determines to be in the child's best interests.
(c) Review of Commitment to Certain Facilities(1) In General If a child has been committed for inpatient care and treatment in a psychiatric facility or facility for developmentally disabled individuals pursuant to Code, Courts Article, § 3-819(h) or (i), the court, on request of any party, the child's custodian, or the facility, shall hold a hearing after the first six months of the commitment and at six month intervals thereafter to determine whether the standards specified in those sections of the Code continue to exist. The court may hold a hearing at any other time for that purpose.
(2) Other Hearings Based on Individualized Treatment Plans If an individualized treatment plan developed under Code, Health-General Article, § 7-1006 or § 10-706 recommends that a child no longer meets the requirements of Code, Courts Article, § 3-819(h) or (i), as applicable, the court shall hold a hearing to review the commitment order.(d) Removal of Child from Court-Ordered Placement (1) Emergency Hearing (A) If, after or as part of a CINA disposition, the court orders a specific placement of the child and the local department, acting pursuant to Code, Courts Article, § 3-820(a), removes the child from that placement, gives the notice required by § 3-820(b), and files a motion to authorize a new placement, the court shall hold an emergency review hearing on the motion not later than the next day after the motion is filed.(B) All parties shall be given reasonable notice of the hearing.(C) The court may ratify the emergency removal only upon such evidence as would suffice under Code, Courts Article, § 3-815(d) to order shelter care.(2) Hearing on the Merits Unless all parties agree to the order entered following an emergency hearing, the court, at that hearing, shall schedule a full review hearing on the merits of the local department's action to be held within 30 days after the date of removal or, if agreed to by the parties or for good cause shown, at a later date.
(e) Permanency Plan Hearings (1) Determination of Permanency Plan If the court has ordered an out-of-home placement, as defined in Code, Family Law Article, § 5-501(i), it shall, within the times set forth in Code, Courts Article, § 3-823(b) or (c), hold a hearing to determine a permanency plan for the child. At that hearing, the court shall determine the child's permanency plan in accordance with Code, Courts Article, § 3-823(e), (f), and (g) and make findings in accordance with Code, Courts Article, § 3-816.2(a)(2).
(2) Periodic Reviews (A) Once a permanency plan has been approved pursuant to subsection (e)(1) of this Rule, the court shall hold periodic hearings at the times set forth in Code, Courts Article, § 3-823(h)(1) to review the current plan. Committee note: Federal law requires the court to continue to conduct a hearing to review the status of each child under its jurisdiction at least every six months. At that hearing, the court must make the findings required by Code, Courts Article, § 3-816.2(a)(2). See 42 U.S.C. § 675(5)(B).
(B) Notice of the hearing and an opportunity to be heard shall be provided to the parties and other individuals as required by Code, Courts Article, § 3-816.3. Cross reference: See Code, Courts Article, § 3-816.3 for notice to the child's foster parent, preadoptive parent, or caregiver.
(C) At the review hearing, the court shall consider any written report of a local out-of-home care review board required under Code, Family Law Article, § 5-545 and make the determinations and take the actions required by Code, Courts Article, § 3-823(h)(2) and make the findings required by Code, Courts Article, § 3-816.2(a)(2).(D) If the permanency plan is another planned permanent living arrangement, at the review hearing the court shall make the determinations and take the actions required by Code, Courts Article, § 3-823(h)(3). (E) For a child placed in a qualified residential treatment program, at the review hearing the court shall make the determinations and take the actions required by Code, Courts Article, § 3-823(h)(4). (F) At least every 12 months, the court, at a review hearing, shall consult on the record with the child, in an age-appropriate manner. If the court determines that the child is medically fragile or that it would be detrimental to the child's physical or mental health to be transported to the place where the consultation would occur, the consultation may occur remotely pursuant to Code, Courts Article, § 3-823(j)(3) and the Rules in Title 21.(3) Reasonable Efforts Finding At each hearing under this section, the court shall make a finding as required by Code, Courts Article, § 3-816.1.
Md. R. Juv. Causes 11-219
This Rule is derived in part from former Rule 11-115 c (2021) and is in part new.
Adopted Nov 9, 2021, eff. 1/1/2022; amended Sep. 30, 2022, eff. 1/1/2023; amended April 21, 2023, eff. 7/1/2023.