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Section 3-802 – Purposes and Construction of Subtitle

    (a)    The purposes of this subtitle are:         (1)    To provide for the care, protection, safety, and mental and physical development of any child coming within the provisions of this subtitle;         (2)    To provide for a program of services and treatment consistent with the child’s best interests and the promotion of the public interest;         (3)    To conserve and strengthen the […]

Section 3-803 – Jurisdiction of Court

    (a)    In addition to the jurisdiction specified in Subtitle 8A of this title, the court has exclusive original jurisdiction over:         (1)    Voluntary placement hearings;         (2)    Proceedings arising from a petition alleging that a child is a CINA;         (3)    Proceedings arising under the Interstate Compact on the Placement of Children;         (4)    Proceedings to terminate parental rights after a CINA proceeding;         (5)    Guardianship […]

Section 3-804 – Continuing Jurisdiction; Termination of Jurisdiction

    (a)    (1)    Except as provided in paragraph (2) of this subsection, the court has jurisdiction under this subtitle only if the alleged CINA or child in a voluntary placement is under the age of 18 years when the petition is filed.         (2)    The court has jurisdiction under this subtitle over a former CINA:             (i)    Whose commitment to the local […]

Section 3-805 – Venue

    (a)    (1)    A petition alleging that a child is a CINA shall be filed in the county where:             (i)    The child is residing when the petition is filed; or             (ii)    The act on which the petition is based allegedly occurred.         (2)    A voluntary placement petition shall be filed in the county where:             (i)    The parent or legal guardian resides;             (ii)    The former […]

Section 3-806 – Assignment of Judges; Qualifications

    (a)    (1)    In every county, one or more judges shall be assigned specially to handle cases arising under this subtitle and Subtitle 8A of this title.         (2)    The assignment shall be made by the circuit administrative judge, subject to the approval of the Chief Judge of the Court of Appeals.         (3)    The judges so assigned are not subject to […]

Section 3-807 – Magistrate for Juvenile Causes

    (a)    (1)    The judges of a circuit court may not appoint a magistrate for juvenile causes arising under this subtitle and Subtitle 8A of this title unless the appointment and the appointee are approved by the Chief Judge of the Court of Appeals.         (2)    The standards expressed in § 3–806(b) of this subtitle, with respect to the assignment […]

Section 3-810 – Form of Pleadings; Procedures; Confidentiality

    (a)    (1)    Except as otherwise provided in this subtitle, the Maryland Rules govern the format of a petition and of other pleadings and the procedures to be followed by the court and parties under this subtitle.         (2)    Each document that a local department serves on a parent under this subtitle shall include information about the website that the […]

Section 3-811 – Content of Petition

    (a)    (1)    A CINA petition under this subtitle shall allege that a child is in need of assistance and shall set forth in clear and simple language the facts supporting that allegation.         (2)    A voluntary placement petition under this subtitle shall allege that continuation of a voluntary placement is in the best interests of the child or former […]

Section 3-812 – Waiver of Reunification Efforts in Cases of Abuse, Torture, Crimes of Violence, or Abandonment

    (a)    (1)    In this section the following words have the meanings indicated, unless the context of their use indicates otherwise.         (2)    “Abandon” means to leave a child without any provision for support and without any person who has accepted long–term responsibility to maintain care and have custody and control of the child when:             (i)    The whereabouts of the parent […]

Section 3-813 – Right to Counsel

    (a)    Except as provided in subsections (b) and (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle.     (b)    Except for the local department and the child who is the subject of the petition, a party is not entitled to the assistance of counsel at […]

Section 3-814 – Taking Child Into Custody

    (a)    A child may be taken into custody under this subtitle by any of the following methods:         (1)    In accordance with an order of the court;         (2)    In accordance with § 5-709 of the Family Law Article; or         (3)    By a law enforcement officer if the officer has reasonable grounds to believe that the child is in immediate danger […]

Section 3-815 – Shelter Care for Child Alleged to Be in Need of Assistance

    (a)    In accordance with regulations adopted by the Department of Human Services, a local department may authorize shelter care for a child who may be in need of assistance and has been taken into custody under this subtitle.     (b)    A local department may place a child in emergency shelter care before a hearing if:         (1)    Placement is required […]

Section 3-816 – Study Concerning Matters Relevant to Case

    (a)    After a petition is filed under this subtitle, the court may order the local department or another qualified agency to make or arrange for a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case.     (b)    (1)    As part of a study under this section, the court […]

Section 3-816.1 – Findings in Certain Hearings

    (a)    The provisions of this section apply to a hearing conducted in accordance with § 3–815, § 3–817, § 3–819, or § 3–823 of this subtitle or a review hearing conducted in accordance with § 5–326 of the Family Law Article in which a child is placed under an order of guardianship, commitment, or shelter care. […]

Section 3-816.2 – Review Hearings

    (a)    (1)    Except as provided in subsection (b) of this section, the court shall conduct a hearing to review the status of each child under its jurisdiction within 6 months after the filing of the first petition under this subtitle and at least every 6 months thereafter.         (2)    At a review hearing under this section, the court shall: […]

Section 3-816.3 – Rights of Preadoptive Parents, Foster Parents, and Caregivers of Child

    (a)    In this section, “preadoptive parent” means an individual whom a child placement agency, as defined in § 5–101 of the Family Law Article, approves to adopt a child who has been placed in the individual’s home for adoption before the order of adoption.     (b)    Unless waived for good cause, before any proceeding concerning a child, the […]

Section 3-816.4 – Educational Stability

    (a)    In this section, “educational stability” means the continuous process of identifying and implementing the appropriate educational placement, training, resources, services, and experiences that will address the fundamental needs necessary to ensure the successful educational outcome of a child and contribute to the child’s overall well–being.     (b)    The court shall inquire as to the educational stability of […]

Section 3-817 – Adjudicatory Hearing

    (a)    After a CINA petition is filed under this subtitle, the court shall hold an adjudicatory hearing.     (b)    The rules of evidence under Title 5 of the Maryland Rules shall apply at an adjudicatory hearing.     (c)    The allegations in a petition under this subtitle shall be proved by a preponderance of the evidence.