Md. R. Juv. Causes 11-502
This Rule governs child in need of supervision proceedings conducted pursuant to Code, Courts Article, Title 3, Subtitle 8A.
The confidentiality provisions stated in Code, Courts Article, § 3-8A-27 and Title 16, Chapter 900 of the Maryland Rules apply to court records pertaining to a child who is or was the subject of a proceeding under this Rule.
Rule 11-404 applies with respect to the right to representation by an attorney at a proceeding under this Rule.
Cross reference: See Code, Courts Article, § 3-8A-20(a).
Rule 11-405 applies with respect to taking a child into custody, except that a child alleged to be in need of supervision may not be placed in detention or community detention.
A child alleged to be in need of supervision may be placed in shelter care in accordance with the applicable provisions of Code, Courts Article, § 3-8A-15 and Rule 11406.
The court may order emergency medical, dental, or surgical treatment for a child alleged to be in need of supervision in conformance with Code, Courts Article, § 3-8A-21 and Rule 11-417.
A CINS petition may be filed only by an intake officer.
Cross reference: See Code, Courts Article, § 3-8A-13(b).
The CINS petition shall be filed in the county where the child resides.
Cross reference: See Code, Courts Article, § 3-8A-08(a).
The CINS petition shall be filed within the applicable time limits set forth in Code, Courts Article, § 3-8A-10.
Committee note: For administrative proceedings and requirements prior to the filing of a CINS petition, see Code, Courts Article, §§ 3-8A-10 and 3-8A-13. A court may dismiss a petition for failure to comply with the requirements of § 3-8A-10 only if the child demonstrates actual prejudice. See also In re Keith G., 325 Md. 538 (1992).
The CINS petition shall be captioned "In the Matter of . . . . . . ." and shall state:
The intake officer shall file with the clerk a sufficient number of copies of the CINS petition to provide for service on the parties.
Unless the court orders otherwise, the clerk, upon the filing of the CINS petition, shall promptly issue a summons, substantially in the form approved by the State Court Administrator and posted on the Judiciary website, for each party other than the petitioner. The summons, together with a copy of the CINS petition, shall be served in accordance with Rule 11-107 and shall be returnable as provided in Rule 2-126.
The clerk shall issue a subpoena for each witness requested by a party pursuant to Rule 11-105.
The court may hold an initial hearing to ensure service and provide notice of the right to counsel in accordance with Rule 11-412.
A party served with a CINS petition under this Rule may file a response in conformance with Rule 11-413.
A petition, a motion, or any other paper filed under this Rule may be amended in accordance with Rule 11-414.
The court may direct the Department of Juvenile Services or another qualified agency to make a study concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the case, in accordance with the applicable provisions of Code, Courts Article, § 3-8A-17.
Without the necessity of a request, the petitioner shall furnish to the defense (A) all material or information in any form, whether or not admissible, that is possessed by or is in the control of the Department of Juvenile Services and that (i) the petitioner intends to offer into evidence or (ii) tends to negate the allegations of the petition or mitigate the severity of a disposition, and (B) all written and oral statements of the child that relate to the allegations of the petition and all material and information that relate to the acquisition of such statements. For good cause, the court may require such other disclosures and inspections as justice may require.
Notwithstanding any other provision of this Rule, the Department of Juvenile Services is not required to disclose (A) mental impressions, trial strategy, personal beliefs, or other privileged attorney work product, or (B) any other material or information if the court finds that its disclosure is not Constitutionally required and would entail a substantial risk of harm to any person that outweighs the interest of disclosure.
To the extent practicable, the disclosure and inspection of all matters and information required or permitted by this Rule shall be completed in time to permit its beneficial use at a hearing in which the material or information may be relevant. If the material or information is not so disclosed, the court may grant a continuance or postponement of the hearing to permit the disclosure or inspection.
Unless otherwise ordered by the court, disclosures made pursuant to this Rule shall not be filed with the court but may be used at a hearing or as an exhibit to support or oppose a motion.
The failure of a party to comply with a disclosure obligation does not automatically disqualify a witness from testifying. If a motion is filed to disqualify the witness, disqualification is within the discretion of the court.
The court shall conduct all hearings in an informal manner. The court may exclude the general public from a hearing and admit only those persons having a direct interest in the proceeding and their representatives.
Cross reference: See Code, Courts Article, § 3-8A-13(f)(1) and (2).
The petitioner shall present the evidence in support of the petition and has the burden of proving the allegations of the petition by a preponderance of the evidence.
If the adjudicatory hearing is conducted by a judge, the judge shall prepare and file a written adjudicatory order accompanied by a written statement or an oral statement dictated into the record stating (1) a finding whether or to what extent the petitioner has proved the allegations of the petition, and (2) the grounds on which the finding is based. If the hearing is conducted by a magistrate, the magistrate shall prepare and file a report in accordance with Rule 11-103(c) or (d).
Unless a CINS petition is dismissed, the court shall conduct a separate disposition hearing to determine whether the child is in need of supervision as defined in Code, Courts Article, § 3-8A-01(e).
The disposition hearing may be held on the same day as the adjudicatory hearing if notice of the disposition hearing is waived on the record by all parties. If the disposition hearing is not held on the same day as the adjudicatory hearing and the child is not in shelter care, the disposition hearing shall be held no later than 30 days after the conclusion of the adjudicatory hearing. If the child is in shelter care, the disposition hearing shall be held no later than 14 days after the conclusion of the adjudicatory hearing, unless shelter care is extended in conformance with Code, Courts Article, § 3-8A-15(d)(6). If shelter care is extended, the disposition hearing shall be held before expiration of the extended shelter care.
The priorities in making a disposition shall be consistent with the purposes set forth in Code, Courts Article, § 3-8A-02.
If a judge conducts the hearing, the judge shall enter a written disposition order and shall either file or announce and dictate into the record (A) a statement of reasons for any order that includes placement of the child outside the child's home, and (B) a statement of each condition for any probation. If a magistrate conducts the hearing, the proceeding shall be in accordance with Rule 11-103.
The court may modify or vacate an order if the court finds that action to be in the best interest of the child or the public. The provisions of Rule 11-423(a) and (b) shall apply to a proceeding under this section.
The court may enter a final termination of its jurisdiction in accordance with Rule 11-425.
Md. R. Juv. Causes 11-502
This Rule is new.