Allegany Cnty. Cir. Ct. Juvenile DCM Plan

Juvenile Differentiated Case Management (DCM) Plan

This Juvenile DCM Plan is established in accordance with MD Rule 16-302(b) which requires the

County Administrative Judge to develop and, upon approval by the Chief Judge of the Maryland

Court of Appeals, implement and monitor a case management plan for the prompt and efficient

scheduling and disposition of action in the Circuit Court.

Consistent with the best interests of the child, Allegany County Circuit Court, sitting as a Juvenile

Court, seeks to handle each case fairly and to resolve each case promptly, according to applicable

statutes, Maryland Rules and administrative case time standards.

Statement of Purpose

This Juvenile DCM Plan has been created to integrate statutorily mandated time frames with

caseflow events and Court policy to promote the fair and efficient management of sensitive juvenile

cases. Customized procedural tracks govern each case type and reflect the steps taken in the

majority of cases. Meaningful events may be included in several tracks to facilitate timely

disposition early in the case. Postponement requests are governed by a written policy, approved by

the County Administrative Judge, with a view to curbing delay wherever possible.

Essential components of the Juvenile DCM Plan include (1) review of court processes and services

that impact children and families to ensure responsiveness and efficiency; and, (2) evaluation of

performance to address case processing issues as they arise.

It is the purpose of this DCM Plan to provide an effective case management system which will

assure:

 Equal treatment of all juveniles and families by the court;

 Timely disposition consistent with the circumstances of the individual case;

 Enhancement of the quality of the juvenile case process; and

 Public confidence in the court as an institution.

Case Management

The policies and procedures outlined in this plan shall be implemented by the County

Administrative Judge, the Associate Judge, and the Family Law Magistrate assigned to hear Juvenile

cases and their respective staffs. The Associate Judge and Family Law Magistrate report to the

County Administrative Judge. The County Administrative Judge supervises all aspects of family case

management, and is ultimately responsible for the implementation and monitoring of this Juvenile

DCM Plan, pursuant to MD Rule 16-302(b). The County Administrative Judge designates certain

magistrates and judges to hear the various juvenile matters, and makes final decisions about

whether and to whom a case should be assigned, when necessary.

All judges and magistrates are responsible to comply with and implement in their rulings the

provisions of this Plan. Individual judges and magistrates are responsible for the effective

management of cases assigned to them; however, the scheduling of assigned cases must always be

coordinated with the Assignment Office. Assigned cases should be managed to the extent possible

consistent with the provisions of this plan, including adherence to the Case Time Standards.

Juvenile Tracks

A juvenile case may follow six potential tracks to resolution. Juvenile cases are organized by

delinquency and dependency categories. Tracks are defined at filing based on the case subtype.

Tracks define expected case processing events, the timing of events, assignment, and the

expectations for case duration.

Consistent with the Case Time Standards adopted by the Judicial Council, Constitutional

requirements and applicable MD Rules, it is the goal of this plan to ensure that the following time

standards are met whenever possible. Expected case duration is based on needed time to reach

resolution, which may be less than the time standard.

 Juvenile delinquency cases – 100% should be concluded within 90 days of the filing date;

 Child in need of assistance (CINA) cases – 100% should be concluded within 30 days for

juveniles that are in a shelter and within 60 days for juveniles that are not in a shelter;

 Termination of parental rights cases – 100% should be concluded within 180 days; and

 All other juvenile case types will be custom managed to address unique case processing

requirements. Other juvenile case types represent a small percentage of the caseload and

include the following:

 Adoption

 Child in need of supervision (CINS)

 Peace order (juvenile custody matters)

 Child support on juvenile custody orders

 Voluntary placements

 Interstate compact requests

Table 1.1 – Juvenile Delinquency Tracks, Casetypes and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 1

Standard

Delinquency cases without a detention petition 90 day s

Track 2

Complex

Delinquency cases with a detention petition 90 days

Table 1.2 – Child Welfare Tracks, Casetypes and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 1

CINA Non-Shelter

Child in need of assistance (CINA) cases with no

shelter care or shelter care petition

60 days

Track 2

CINA Shelter

Child in need of assistance (CINA) cases with

shelter care or shelter care petition

30 days

Track 3

Termination of

Parental Rights

Termination of parental rights cases 180 days

Track 4

Custom

1. Adoption

2. Child in need of supervision

3. Peace orders

4. Child support on juvenile custody orders

5. Voluntary placements

6. Interstate compact requests

Custom

Track Designations Set at Filing

Track designations are automatically set at filing, based on the type and characteristics of the

petition. A child that is in detention on a delinquency case may be released very soon after the start

of the case, but the track will remain the same. The same rules apply for a child that may in shelter

care on a dependency case.

Juvenile Delinquency

Diagram 1.1 on the following page illustrates the events and times required for juvenile

delinquency case processing tracks.

Diagram 1.1 – Juvenile Delinquency Case Processing

Delinquency Petition Filed

All juvenile matters begin with the filing of a warrant or summons followed by a delinquency

petition. A delinquency petition is filed by the State’s Attorney. The Clerk’s Office issues and mails

summons for the respondent and his/her parents, guardian or custodian. Counsel entering his/her

appearance on behalf of a respondent must file a line of appearance with the Clerk’s Office in order

for the Preliminary Inquiry to be removed from the calendar. Within 10 days after the petition is

filed, a complaint is filed with the Department of Juvenile Services (DJS).

Preliminary Inquiry

A Preliminary Inquiry Hearing is scheduled within 14 days of the filing of the petition. At the

Preliminary Inquiry Hearing, the respondent and his/her parents, guardian or custodian are served

with the petition for continued detention/shelter care, advised of the charges, advised of his/her

right to an attorney, and given the Scheduling Order. If, at the first scheduled Preliminary Inquiry, a

respondent appears without a parent, guardian or custodian, or a parent, guardian or custodian

appears without a respondent, service of the summons, petition(s) and Scheduling Order by the

Sheriff or certified mail is ordered and the Preliminary Inquiry Hearing is rescheduled.

If a respondent and/or his/her parents, guardian or custodian do not obtain counsel, the Court

must appoint counsel to represent the respondent. The Clerk’s Office will notify the appointed

counsel at least 10 days prior to the next scheduled hearing.

A plea of involvement may be taken at the Preliminary Inquiry Hearing, or on any date prior to the

Adjudicatory Hearing. The Adjudicatory Hearing shall not be removed from the calendar until the

plea of involvement is taken by the Court.

Detention

Pursuant to Courts and Judicial Proceedings §3-8A-15(a), only the Court or an intake officer may

authorize detention, community detention, or shelter care for a child who may be in need of

supervision or is delinquent.

File a Detention Petition

If the child is not released, the intake officer from the DJS, who authorized detention,

community detention, or shelter care, must immediately file a petition requesting its

continuation.

Detention/Shelter Care Hearing

The Court must hear/conduct a Detention/Shelter Care Hearing no later than the next day

that the Court is in session, following the filing of a Detention Petition. Reasonable notice,

oral or written, shall be given to the respondent and the respondent’s parents, guardian or

custodian.1

Detention Review Hearing

If the respondent (juvenile) remains detained or on community detention, a hearing to

review the respondent’s detention status must be held every 14 days until the Disposition

Hearing is held (Courts and Judicial Proceedings § 3-8A-15(d)(6)).

Discovery

The State’s Attorney’s Office (SAO) is required to provide discovery to and request discovery from

the respondent (juvenile) per the requirements of Md. Rule 11-109, within five days after the

earlier of the appearance of counsel, or the waiver of counsel under Md. Rule 11-106. The

respondent (juvenile) shall furnish the discovery required under this section within 10 days after a

request is made. The Court, for good cause shown, may extend the time for discovery.

Waiver Hearing

Pursuant to Maryland Rule 11-113, if the SAO files a petition requesting that the Court

waive its exclusive jurisdiction over the respondent (or the Court considers a waiver on its

own motion) then the Court shall order a waiver investigation and schedule a Waiver

Hearing prior to adjudication (Courts and Judicial Proceedings §3-8A-06). If the Waiver

Petition is denied, then the case must be brought to adjudication within 30 days (Courts and

Judicial Proceedings §3-8A-15(d)(6) and Maryland Rule 11-114(b)(1)).

Note that the SAO may file a detention petition prior to filing a delinquency petition. The rules for

conducting review hearings apply.

Competency Hearing

Pursuant to Courts and Judicial Proceedings §3-8A-17.1, if there is reason to believe that the

child may be incompetent to proceed with a Waiver Hearing, an Adjudicatory Hearing, a

Disposition Hearing, or a Violation of Probation Hearing, the Court on its own motion, or on

a motion of the child's counsel or the State's Attorney, shall stay all proceedings and order

that the Department of Health and Mental Hygiene or any other qualified expert conduct an

evaluation of the child's competency to proceed. At a Competency Hearing, if the Court

determines that the child is competent, the Court shall enter an order stating that the child

is competent, lift the stay imposed, and proceed with the delinquency petition or violation

of probation petition in accordance with the time periods specified in this DCM Plan. and in

the Maryland Rules (Courts and Judicial Proceedings §3-8A-17.5).

Adjudicatory Hearing

At the Adjudicatory Hearing, the Court will hear the evidence in the case. In the event a petition is

filed to waive jurisdiction, the Adjudicatory Hearing is held within 30 days after the Court’s decision

whether or not to retain jurisdiction.

If the Court orders the juvenile to remain in detention or shelter care, the Adjudicatory Hearing is

held within 30 days of the date the court ordered the placement or within 60 days of the filing of a

delinquency petition without detention. If the respondent (juvenile) is found involved (committed

the alleged acts) at the Adjudicatory Hearing, the case proceeds to a Disposition Hearing and may

be held the same day if notice of the Disposition Hearing, as prescribed by the Maryland Rules, is

waived on the record by all the parties.

Disposition Hearing

Disposition Hearings are held as outlined below:

Non-Detention

The Disposition Hearing must be held within 30 days of the Adjudicatory Hearing, if the respondent

is in the community without detention or community detention. The Disposition Hearing is held to

determine if the allegations have been substantiated. In some cases, a disposition may be reached

immediately following the Adjudicatory Hearing. The Disposition Hearing that may be held the

same day if notice of the Disposition Hearing, as prescribed by the Maryland Rules, is waived on the

record by all the parties.

Detention

A Disposition Hearing must be held within 14 days of the Adjudicatory Hearing, if the respondent

(juvenile) continues to be detained or is on community detention. The Disposition Hearing may be

postponed upon a finding of good cause, pursuant to Courts and Judicial Proceedings §3-8A-

15(d)(6)(ii). If respondent remains detained or on community detention, a Detention Review

Hearing must be conducted every 14 days thereafter until the Disposition Hearing is held.

Restitution Hearing

If there is a restitution issue that will be contested by the respondent or his/her parents, guardian

or custodian, a hearing must be held post-adjudication. If the respondent and/or the respondent’s

parents, guardian or custodian are found liable, the Court may enter a judgment of restitution

against the parents, guardian or custodian of a child, the child, or both (Title 11, Subtitle 6 of the

Criminal Procedure Article).

Final Order of Termination

Following the disposition, a hearing is held to determine the termination of the case.

Child Welfare Tracks 1 and 2 – Shelter and Non-Shelter

Diagram 1.2 on the following page illustrates the events and times required for CINA case

processing tracks.

CINA Petition Filed

The Department of Social Services (DSS) files a CINA Petition. The Clerk’s Office issues and mails

summons for the parent, guardian or custodian, prepares the appointment order for counsel for the

child, and generates the initial trial assignment.

Diagram 1.2 – Child In Need of Assistance (CINA) Case Processing

Preliminary Inquiry

A Preliminary Inquiry Hearing is scheduled within 14 days of the filing of the petition. At the

Preliminary Inquiry Hearing, the juvenile and his/her parents, guardian or custodian are served

with the CINA petition, the petition for continued shelter care (Track 1), Notice of Court-Appointed

Attorney for the child, and parents and guardians are advised of their right to counsel.

Adjudicatory Hearing

At the Adjudicatory Hearing, the Court will hear the evidence in the case. If the allegations in the

petition are proven, the case will proceed to the Disposition Hearing immediately, unless the Court

makes a finding of good cause to delay the hearing, up to a maximum of 30 days.

Disposition Hearing

The Disposition Hearing is held to determine if the child is a CINA. In most cases, a disposition will

be reached immediately following the Adjudicatory Hearing.

Review Hearing

If the child remains in the home under the Court’s jurisdiction a 3-816.2 Review Hearing is held

every six months.

Permanency Planning Hearing

If the child is removed from the home post-disposition, then the Permanency Planning Hearing and

Permanency Planning Review Hearing are held at six month intervals.

A hearing is held for Court to determine the permanency plan and reasonable efforts to finalize it.

However, if a Reasonable Efforts Waiver petition is filed and the waiver is granted, the Permanency

Planning Hearing MUST be held within 30 days of the Waiver Hearing (or the same day if all parties

agree).

Track 3 – Termination of Parental Rights

The filing of the Petition for Termination of Parental Rights (TPR) may be a decision of the

Department of Social Services, or by an Order of the Court. All TPR cases must be concluded within

180 days of filing.

Status Hearing

The initial Status Hearing for Termination of Parental Rights is to be held within 60 days. This

hearing is to be used to review the status of the case. The Court will either issue a Scheduling Order

at this hearing or set the case in for subsequent Service Status Hearings.

Service Status Hearings

A Service Status Hearing may be set between days 2-60. If a Scheduling Order has been issued a

Status Hearing will not be set unless requested. If all parties have not been served the Service Status

Hearing will address the causes of delay.

Trial

A trial date is set between days 120-160. All cases must go forward on the record even if an

agreement is reached, or consent is given. If the case results in a Final Order of Guardianship the

case will continue to be reviewed until such time as the respondent is adopted or the guardianship

is terminated.

Initial Guardianship Review Hearing

The Initial Guardianship Review Hearing is scheduled within six months of the Final Order for

Guardianship.

Upon conclusion of the Initial Guardianship Review the Court will review cases annually (no later

than 365 days from Initial Guardianship review). Cases will continue to be reviewed until an Order

of the Court terminating Guardianship is issued.

Track 4 – Other Juvenile Casetypes

Other juvenile casetypes will be custom managed according to the following schedule of

expectations:

Table 1.3 – Other Juvenile Casetypes

Other Juvenile Casetypes Expected duration

Adoptions 180 days

Peace orders 14 days up to 1 year

30 days to voluntary placement

Voluntary placements 11 months to permanency planning hearing

6 months for permanency planning reviews

Child support cases (related to juvenile

custody order)

Interstate compact requests

Postponements

Adjudicatory Hearings

Motions for postponement of Adjudicatory Hearings beyond the statutorily mandated deadlines

will be ruled on by the magistrate or the designee of the County Administrative Judge. These

motions will only be granted on a showing of extraordinary cause. Extraordinary cause is that

which is not foreseeable, usual or predictable. Generally, scheduling conflicts on their face do not

constitute extraordinary cause.

Preliminary Inquiry and Disposition Hearings

The magistrate or County Administrative Judge or his/her designee will rule on written motions for

postponement of hearings that exceed statutorily mandated deadlines, but do not require a finding

of extraordinary cause. These motions will only be granted on a showing of good cause.

Motions for postponement made on the day of a hearing, that exceed the statutorily mandated

deadlines, but not requiring a finding of extraordinary cause, will be ruled on by the presiding

judge, and will only be granted on a showing of good cause.

Postponement Procedures

A motion to postpone is filed with the Clerk’s Office. The motion will be ruled upon by the

magistrate in accordance with Maryland Rules regarding postponements.

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