Rule 11-504 - TRUANCY REDUCTION PILOT PROGRAM(a)Applicability This Rule governs Truancy Reduction Pilot Program proceedings under Code, Courts Article, Title 3, Subtitle 8C.(b)Definition In this Rule, "truancy petition" means the pleading filed with the court under Code, Courts Article, § 3-8C-04 alleging a violation of Code, Courts Article, § 3-8C-03. (c)Confidentiality of Records 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. (d)Truancy Petition(1)Who May File An authorized school official designated pursuant to an agreement between the court and the local school system may file a petition in the juvenile court alleging a violation of Code, Courts Article, § 3-8C-03. Cross reference: See Code, Courts Article, § 3-8C-04, providing that an authorized school official may file a petition alleging a violation of Subtitle 8C.
(2)Where Filed The truancy petition shall be filed in the county in which the child is living or domiciled, and which has a Truancy Reduction Pilot Program established pursuant to Code, Courts Article, Title 3, Subtitle 8C. (3)Content The petition shall allege that the child is required to attend school and has failed to do so without lawful excuse and shall set forth in clear and simple language the facts supporting that allegation. (e)Summons; Service Unless the court orders otherwise, the clerk, upon the filing of the petition, promptly shall issue a summons, substantially in the form approved by the State Court Administrator, for the child, the child's parent, guardian, or custodian, and the petitioner. The summons, together with a copy of the petition, shall be served in accordance with Rule 11-107 and shall be returnable as provided in Rule 2-126. (f)Response to Petition A party served with the petition may file a response that admits or denies all or any facts alleged in the petition. A response shall be in writing and shall be filed within 15 days after service of the petition. Any allegation not admitted in a written response is deemed denied. (g)Transfer of Proceeding If the petition is filed in a county other than the county where the child is living or domiciled, the court, on motion of a party or on its own initiative, promptly may transfer the proceeding to the county where the child lives or is domiciled, and which has a Truancy Reduction Pilot Program established pursuant to Code, Courts Article, Title 3, Subtitle 8C, at any time prior to final termination of its jurisdiction. Every document, social history, and record on file with the clerk pertaining to the case shall accompany the transfer. The court to which the case is transferred may take further action. (h)Subpoena The clerk shall issue a subpoena for each witness requested by a party pursuant to Rule 11-105. (i)Adjudicatory Hearing(1)Requirement; Purpose After a petition has been filed, the court shall hold an adjudicatory hearing to determine whether the facts alleged in the petition are true. Cross reference: See Code, Courts Article, § 3-8A-13(f) for the guidelines for determining who may or shall be excluded from a proceeding under this Rule.
(2)Burden of Proof The petitioner has the burden of proving the allegations of the petition by a preponderance of the evidence. (j)Disposition Hearing(1)Requirement Upon a finding that the allegations of the petition have been sustained, the court shall hold a separate disposition hearing. (2)When Held The court shall hold the disposition hearing on the same day as the adjudicatory hearing unless, on motion of a party or the court's own initiative, the court finds good cause to delay the disposition hearing. If the disposition hearing is delayed, it shall be held within 15 days after the conclusion of the adjudicatory hearing unless good cause is shown for a further delay. Cross reference: See Code, Courts Article, § 3-8C-06(a) through (c) concerning the disposition hearing.
(k)Permitted Dispositions The court may order the child to take one or more of the following actions: (2) perform community service;(3) attend counseling, including family counseling;(4) attend substance abuse evaluation and treatment;(5) attend mental health evaluation and treatment; or(6) keep a curfew with the hours set by the court. Cross reference: See Code, Courts Article, § 3-8C-06(d) concerning disposition orders.
(l)Retention of Jurisdiction The court shall retain jurisdiction until every condition of the court's order is satisfied. Md. R. Juv. Causes 11-504
Source: This Rule is new.
Adopted Nov 9, 2021, eff. 1/1/2022.Committee note: Jurisdiction under this Rule terminates when a child is no longer required to attend school pursuant to Code, Education Article, § 7-301.
Cross reference: See Code, Courts Article, § 3-8C-10 concerning retention of jurisdiction.