Md. R. Juv. Causes 11-420.2

As amended through October 15, 2024

Rule 11-420.2 - SAFE HARBOR - VICTIMS OF CHILD SEX TRAFFICKING AND HUMAN TRAFFICKING

(a) Applicability

This Rule applies to a petition alleging that a child committed an act that is (1) a qualifying offense listed in Code, Criminal Procedure Article, § 8-302, (2) a violation listed in Code, Courts Article, § 3-8A-01 (dd), or (3) an offense under Code, Criminal Law Article, § 3-1102.

(b) Stay of Proceedings

If at any time after the filing of a petition described in section (a) of this Rule, but not later than entry of a disposition order pursuant to Rule 11-422, there is reason to believe that the child is a victim of sex trafficking or human trafficking, on motion or on its own initiative, the court shall stay all proceedings in the delinquency action and comply with the requirements of Code, Courts Article, § 3-8A-17.13.

Cross reference: See Code, Family Law Article, § 5-701 for the definition of "sex trafficking." See Code, Criminal Procedure Article, § 8-302 for the definition of "victim of human trafficking."

(c) Hearing

(1) Generally

Within 15 days after a stay is entered pursuant to section (b) of this Rule, the court shall hold a hearing to determine and make findings, in writing or on the record in open court, by a preponderance of the evidence:

(A) whether the child is a victim of human trafficking or sex trafficking, and

(B) if so, whether the child committed each alleged act described in section (a) of this Rule, and

(C) if so, whether each alleged act that the child committed was committed as a direct result of the child being a victim of human trafficking or sex trafficking.

(2) Extension of Time For good cause shown, the court may extend the time for the hearing for an additional 15 days.

(d) Order

The court shall enter an order dismissing each charge required to be dismissed by Code, Courts Article, § 3-8A-17.13. For charges in the petition not dismissed, the court shall enter an order lifting the stay, and shall proceed with the delinquency action pertaining to those alleged acts.

(e) Use of Certain Evidence in Other Proceedings

Any statement made by the child or information elicited from the child (1) in connection with services provided pursuant to a referral under Code, Courts Article, § 3-8A-17.13(b)(1)(iii) or (2) at a hearing pursuant to section (c) of this Rule is inadmissible against the child in any proceeding except a hearing held pursuant to subsection (c)(1) of this Rule.

Md. R. Juv. Causes 11-420.2

This Rule is new.

Adopted April 5, 2024, eff. 7/1/2024.

Cross reference: See Code, Family Law Article, § 5-704.4 pertaining to the Safe Harbor Regional Navigator Grant Program. See Code, Courts Article, § 3-8A-14 (d) pertaining to duties of a law enforcement officer if there is reason to believe that a child who has been detained is a victim of sex trafficking or human trafficking. See Code, Courts Article, § 3-8A-14.2 pertaining to custodial interrogation of children.