Section 3-818 – Presumption That Child Is Not Receiving Proper Care and Attention
Within 1 year after a child’s birth, there is a presumption that a child is not receiving proper care and attention from the mother for purposes of § 3–801(f)(2) of this subtitle if: (1) (i) The child was born exposed to cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate […]
Section 3-819 – Disposition Hearing
(a) (1) Unless a CINA petition under this subtitle is dismissed, the court shall hold a separate disposition hearing after an adjudicatory hearing to determine whether the child is a CINA. (2) The disposition hearing shall be held on the same day as the adjudicatory hearing unless on its own motion or motion of a party, the court […]
Section 3-819.1 – Voluntary Placement Hearing
(a) Within 30 days after a voluntary placement petition is filed, the court shall hold a voluntary placement hearing and shall make findings as to: (1) Whether continuation of the placement is in the child’s best interests; and (2) Whether reasonable efforts have been made to reunify the child with the family or place the child in a […]
Section 3-819.2 – Custody and Guardianship to Individual
(a) (1) In this section, “disability” means: (i) A physical or mental impairment that substantially limits one or more of an individual’s major life activities; (ii) A record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or (iii) Being regarded as having a physical or mental impairment that substantially […]
Section 3-820 – Removal of Child From Court-Ordered Placement
(a) After a CINA disposition, when the court has ordered a specific placement of a child, a local department may remove the child from that placement prior to a hearing only if: (1) Removal is required to protect the child from serious immediate danger; (2) The child’s continued placement in the court-ordered placement is contrary to the welfare […]
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 3-802 – 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 […]