Baltimore City Cir. Ct. Juvenile DCM Plan 4

order. The court may cancel the hearing and dismiss the case, if the court is satisfied

from the final report that the Respondent has satisfactorily completed the informal

adjustment.

Additional Delinquency Policies and Procedures

I. Electronic Summons

Electronic summonses are generated and sent to the e-mail accounts of the appropriate

Baltimore Police Department Officers and their District Commanding Officer, reminding the

arresting officer of their scheduled court dates. Summons are sent 30 days prior to the

scheduled hearings, thereby providing sufficient time for the police officers to work out

scheduling conflicts. Electronic summons returned as “undeliverable” are forwarded to the

Baltimore Police Department Court Liaison in the State’s Attorney’s Office for distribution to

the appropriate individuals and/or their Commanding Officer at the appropriate location.

II. Electronic Warrant Notification

Appropriate functionality exists in the Quest Case Management System to provide for the

electronic reporting of outstanding writs and warrants, on a daily basis, to law enforcement

agencies. In addition, as soon as a new warrant is generated and electronically signed by a

judge, the warrant is immediately sent via e-mail to authorize individuals in the Warrant

Apprehension Task Force and the State’s Attorney’s Office.

III. Detention Eligible for Reporting Center

Appropriate Quest templates were revised for those instances whereby a respondent is

determined to be detention eligible for a reporting center. Whenever this selection is made in

a shelter care/detention order, a copy of the court order is promptly sent to the e-mail

addresses of selected DJS personnel.

IV. Youth Picked Up and Held On Writs and Warrants

Youth picked up and held on writs and warrants now appear before the court on the

“Delinquency Special” List on the same court day rather than being detained until their next

scheduled hearing. As a result of the same court day review hearing, most of these youth are

then returned to community detention until their next scheduled hearing thereby reducing

actual hardware security utilization. This policy is consistent with Juvenile Detention Alternative

Initiative (JDAI) best practices.

V. ADR Mediation

A mediation protocol exists for delinquency cases. At adjudication, regarding the incident of

harm, if the victim is willing to consider participating in a restorative dialogue, a referral can be

made. Incidents for mediation can include, for example, second degree assault, armed robbery,

unauthorized use, destruction of property and restitution. As to conflicts and incidents of harm

between family members, and, in particular, parent/child conflict, mediation is also available

and appropriate.

VI. Delinquency Docket Calls

Delinquency Docket Calls have been replaced by time specific docket scheduling. This has

improved efficiency and disposition in compliance with caseflow time standards. The court’s

calendar is available for review by practitioners through eQuest. Cases will be scheduled at

earliest available date and time. Parties are encouraged to provide an appropriate time

estimated for their case/hearing. This will ensure the courts are allocating sufficient time to

allow the parties to present their case.

CHILDREN IN NEED OF ASSISTANCE (CINA)

Instances whereby acts of child abuse and/or neglect are alleged are referred to as Child in Need of

Assistance (CINA) cases. These CINA cases are defined as either CINA – Non-Shelter (Track 3) or CINA -

Shelter (Track 4). Other than the expected case duration time standards for each, the procedures to bring

the cases to resolution are much the same. Both types of cases commence with the filing of a petition by

the Baltimore City Department of Social Services (BCDSS).

CINA – Non-Shelter – Track 3

Case Process Summary

Very rarely are CINA – Non-Shelter petitions filed in the Juvenile Court. Even though the Baltimore City

Department of Social Services (BCDSS) files a petition requesting that the child(ren) be found CINA, the

non-shelter cases are considered non-emergent by nature. Consequently, the BCDSS elects not to remove

the child(ren) from their home. In the interim, the BCDSS will work to put in place applicable intensive in-home services in an attempt to ameliorate the situation to prevent a CINA finding or commitment.

Generally, within 14 days of filing the petition with the court, a preliminary hearing is held, and the child

(via the child’s appointed counsel) and parents, guardian, or custodian are served with the CINA petition.

A subsequent pretrial/settlement hearing may be held to determine whether the case can be resolved on

an expedited basis without an adjudication hearing. Cases not resolved at the pretrial/settlement hearing

or by mediation, will proceed to a scheduled adjudication hearing within 60 days from the date of service

of the petition.

If the allegations in the CINA petition are sustained at adjudication, the case must proceed to a separate

disposition hearing, on the same day, unless the judge or magistrate finds good cause for delay (Courts

and Judicial Proceedings §3-819(a)(2) and Md. Rule 11-216(b)(1)) which may not exceed 30 days. At the

disposition hearing, the judge or magistrate determines whether the proven allegations are sufficient to

find that the child is a Child in Need of Assistance (Courts and Judicial Proceedings §3-819(b) and Md. Rule

11-216(c)). If the child is found CINA, the case will remain with the assigned Home Court unless the court

decides otherwise. The Department of Social Services is to provide the court and parties with a disposition

report. This report must be provided to the court at least 10 days prior to the hearing, pursuant to Courts

and Judicial Proceedings §3-826(a)(1).

Depending on the circumstances, the court will either order that the child remain in the home with

conditions or be committed to the custody of the BCDSS or the Maryland Department of Human Services

for placement outside the home (Courts and Judicial Proceedings §3-819(b) and Md. Rule 11-216(d)).

If the child remains in the home, under the court’s jurisdiction, then the court must conduct a hearing to

review the child’s status within 6 months after the filing of the petition and at least every 6 months

thereafter (Courts and Judicial Proceedings §3-816.2 and Md. Rule 11-219).

If for some reason the child is removed from the home and custody of the parents, guardian, or custodian,

the case track designation will change to Track 4. If the child is found not CINA the case ends.

CINA – Shelter – Track 4

Case Process Summary

The Baltimore City Department of Social Services (BCDSS) may remove a child from his or her home, if

necessary, to protect the child from abuse or neglect as provided for in Courts and Judicial Proceedings

§3-815.

Pursuant to Courts and Judicial Proceedings §3-815(c) and Md. Rule 11-204, after placing a child in

emergency shelter care, BCDSS must immediately file a petition requesting continuation of shelter care if

the child is not returned to the parents, guardian or custodian. The court must hear the petition at a

shelter care hearing no later than the next day that the court is in session, with reasonable written notice

given to the parents, guardian, or custodian, if they can be found. (See Md. Rule 11-204(b)(1)). At this

hearing, the judge or magistrate will decide whether the temporary out-of-home placement of the child

in “shelter care” should continue. The court can order shelter care for up to 30 days. If the child is

returned to the custody of his/her parent, guardian or custodian, the case track designation will change

to Track 3. If the court authorizes continued shelter care, the adjudication hearing must be held within

30 days.

If a parent of a child alleged to be a Child in Need of Assistance cannot be located and provided notice of

the shelter and CINA proceedings, the court’s Parent Locator is available to assist in identifying and

locating missing parents at every stage of a CINA case. The current practice is for the Juvenile Court to

schedule a preliminary hearing for all parents who were not present for a shelter care hearing when an

address is known for those parents. Parents who appear for the preliminary hearing are provided with a

copy of the CINA petition, advised of their right to counsel and given notice of the adjudication hearing.

Critical identifying information is not always readily available to enable the social workers or the court to

provide notice on a timely basis to the parents who are not present for the shelter care hearings.

At the adjudication hearing, the court will decide whether the facts alleged in the petition are true. At the

end of the hearing, the court must proceed to the disposition hearing that same day unless the court finds

good cause for delay. If it finds good cause to delay the disposition, it may order continued shelter care if

appropriate. If the court delays a disposition hearing, it shall be held no later than 30 days after the

conclusion of the adjudicatory hearing unless good cause is shown pursuant to Courts and Judicial

Proceedings §3-819(a)(3).

At the disposition hearing, the court will make a determination whether the proven allegations are

sufficient to find that the child is a “Child in Need of Assistance” (CINA). If the court finds the child is not

a CINA, the court may dismiss the case. If the allegations are sustained only against one parent, and there

is another parent available who is able and willing to provide care, the court may not find the child to be

CINA, but, before dismissing the case, the court may award custody to the other parent if in the child’s

best interest. (See In re T.K. 480 Md. 122) If the court finds the child is CINA, the court may:

● Return the child to the care of his or her parents;

● Return the child home, but require the Baltimore City Department of Social Services to supervise

the home;

● Order the parents or child to participate in certain services;

● Order additional assessments to determine what is best for the child;

● Commit the child to the custody of a parent, or pursuant to Courts and Judicial Proceedings §3-

819(b), to a relative or other individual.

● Commit the child to the Baltimore City Department of Social Services, the Maryland Department

of Health, or both, including designation of the type of facility where the child is to be placed.

When a child has been removed from his or her home and committed to BCDSS or the custody of a

relative, the court must hold regular review hearings to ensure the child is cared for properly, and to

determine what the best long-term plan is for the child. The court must hold a review hearing:

● Within 6 months of when the child was placed out of the home; and

● At least every 6 months after that while the child is in the care of BCDSS or a relative.

At every 6-month review hearing, the court is to make the following findings, per Courts and Judicial

Proceedings §3-816.2(a):

(i) Evaluate the safety of the child;

(ii) Determine the continuing necessity for and appropriateness of any out-of-home

placement;

(iii) Determine the appropriateness of and extent of compliance with the case plan for

the child;

(iv) Determine the extent of progress that has been made toward alleviating or

mitigating the causes necessitating the court's jurisdiction; and (v) Project a reasonable

date by which the child may be returned to and safely maintained in the home or placed

for adoption or under a legal guardianship.

If reasonable efforts toward reunification should be waived because of aggravated circumstances, a

request to waive reasonable efforts may be filed and a hearing on the request is scheduled (Courts and

Judicial Proceedings §3-812). If the request is granted, the court must hold a permanency planning

hearing within 30 days (or the same day as the reasonable efforts hearing if all of the parties agree) (Courts

and Judicial Proceedings §3-823(b)(1)(ii)).

The initial permanency planning hearing is held no later than 11 months after a child enters out-of-home

care per Courts and Judicial Proceedings §3-823(b)(1)(i). At that hearing and subsequent review hearings,

per §3-823(h) the court determines what the permanency plan will be for a child. If the court changes the

plan to adoption, the BCDSS will be ordered to file a petition to terminate parental rights (TPR) (Courts

and Judicial Proceedings §3-823(g)(1).

If the child remains out of the home, the court must review the permanency plan every 6 months until

the commitment is rescinded or the TPR petition is granted.

Timeline Summary

CINA (NON-SHELTER/SHELTER)

Elapsed Non-Shelter Shelter

Time Case Event Case Event

Day 1 CINA Petition Filed CINA Petition Filed

If child was not removed from the home, Shelter Care Hearing

the Juvenile Court Clerk’s Office If child was removed from the home, a shelter

schedules a preliminary hearing. care hearing is held the same day the petition was

filed. An adjudication hearing is scheduled.

Up to Preliminary Hearing

Day 14 Child’s parents, guardian, or custodian

served with petition.

Day 14 Pretrial Settlement Conference

To Day 28 If an agreement is reached, and accepted by the court, the agreement is placed on the record

and an order is entered. Court generally proceeds to a separate disposition hearing

immediately. Cases not resolved at settlement will proceed to the scheduled contested

adjudication hearing.

Up to Adjudication Hearing

Day 30 If the conditions alleged in the petition are

proven, the case will proceed immediately to the

disposition hearing (unless good cause).

Up to Adjudication Hearing

Day 60 If the allegations in the petition are

proven, the case will proceed

immediately to the disposition hearing

(unless good cause).

Up to Initial Review Hearing

Day 180 The court shall conduct a hearing to review the status of each child under its jurisdiction

within six months after the filing of the petition and at least every six months thereafter. DSS

is responsible for providing reports at least 10-days prior to the hearing in order to allow the

parities sufficient time to review.

Up to Permanency Planning Hearing with Child Consult

Day 300 If the child is removed from the home post-disposition, then a permanency planning hearing is

held 11 months after the filing of the petition. Subsequent review hearings are then held at

subsequent 6 months intervals.

Up to Goal to Active Permanency

Day 365 Within 1 year it is the goal of the court to achieve permanency and close the case thereby

terminating jurisdiction. In addition, all “Child Consults” are to occur within 1 year of the filing

of the petition.

If the child has been out of the home for 15 of 22 consecutive months, then a TPR

petition must be filed, unless a compelling reason is shown.

Additional CINA Policies and Procedures

Over the years, the Juvenile Court has established and implemented numerous initiatives, policies and

procedures for CINA cases to improve the efficiency, equity and fairness of the court process, including:

I. Instant Paternity Lab

Provides on-site paternity testing for families who are involved in the child welfare system for the

purpose of providing factual information concerning the paternity of youth in order for the court

to accurately and fairly make judgments early in cases.

II. Permanency Planning Mediation Program

Requires cases not settled at the permanency planning settlement hearing to be set for mediation

at the same time the case is set for a contested hearing. The mediation date is set prior to the

contested hearing. The intent is to address issues arising as the BCDSS or another party requests

a change in the permanency plan.

III. CINA Administrative Court

Provides for the review and scheduling of any contested CINA adjudications and dispositions

which cannot be heard within 60 days of the CINA settlement hearing. The CINA Administrative

Court convenes most Fridays at 3:00 p.m. before the Juvenile Division Judge-in-Charge. The

primary purpose is to improve the court’s scheduling of CINA hearings so as to reduce the time to

achieve permanency for children.

IV. Waiver of 30-Day Shelter Adjudication

In an attempt to decrease the time to achieve disposition of cases, the BCDSS attorneys no longer

waive the 30-day shelter adjudication and other time requirements in most cases. The attorneys

request that the adjudication and disposition occur on the same day in most cases; oppose long-term orders controlling conduct that inappropriately delay disposition of the case; and object to

most postponements that are not required by due process or fundamental fairness.

V. CINA Docket Calls

CINA Docket Calls have been replaced by time specific docket scheduling. This has improved

efficiency and disposition in compliance with caseflow time standards.

VI. Locating Parents

The Permanency Planning Liaison (PPL) works collaboratively with the Parent Locator/Process

Server to locate missing parents. Once the Parent Locator Request Form is received by the

Permanency Planning Liaison, the investigation of the whereabouts of the parent to be located

begins. If at any time the Permanency Planning Liaison or Parent Locator needs more information

to continue in the search, the requestor of the service will be contacted by e-mail. Once the

search is completed and all resources are exhausted, the requestor of the service will be notified

via e-mail with the results and a result form will be submitted to the Clerk’s Office with the new

address, if there is one.

TERMINATION OF PARENTAL RIGHTS

Since October 1, 1996, the Juvenile Court has had exclusive jurisdiction over Termination of Parental

Rights (TPR) cases. Cases for the termination of parental rights are filed as new petitions in the Juvenile

Court by the Baltimore City Department of Social Services (BCDSS). As a practical matter, these cases are

a continuation of the CINA proceedings. Although TPR cases are filed as new cases, they are predicated

upon the work that had already been engaged in by the BCDSS and the biological family to work toward

reunification.

All TPR cases are to be concluded within 180 days of filing the petition. Many times, the processing of TPR

cases is delayed by the difficulties encountered in attempting to locate and summons the appropriate

parents and the resulting and subsequent postponements that the court may have little control over.

Also, TPR hearings proceed the same way that a trial does. All attorneys, parties and witnesses must be

available to proceed at the same time. When this does not occur, the hearing may have to be postponed.

Every effort will be made to ensure that TPR cases are assigned to a single judge to ensure the matter

moves expeditiously and timely through the court. TPR scheduling will take priority over other matters.

TPR – Track 5

Case Process Summary

Once a determination has been made that a child’s permanency plan is to be adoption, either by a relative

or non-relative, the BCDSS will file a petition that seeks the termination of parental rights.

The court will issue a show cause order, pursuant to Md. Rule 11-306, to be served on the child’s attorney,

parents, and their attorneys, as well as the parent’s last attorney of record in the CINA case. Parents may

file an objection to the guardianship within the statutorily prescribed period, which is 30 days if they live

in Maryland, 60 days if they reside out-of-state, and 90 days if they live out of the country.

At the time the petition is filed, a TPR pretrial scheduling conference/hearing will be scheduled within 60

days from the filing of the petition. This hearing is used to review the status of the case and establish

timelines for concluding discovery, producing records pertaining to the parents and child(ren) and any

reports of experts. Also at this hearing, a settlement conference (with parties) and a termination of

parental rights hearing is scheduled.

While a second pretrial hearing will rarely be scheduled, it is within the Judge’s discretion to schedule a

second pretrial hearing no more than 30 days after the first pretrial hearing.

All TPR hearings/trials are to be scheduled within 180 days of the filing of the petition. The only instances

whereby a case may be scheduled outside of the 180 days is if there are no courts available or it would be

impossible to hold a hearing within 180 days, (e.g., the time period for objecting would not have expired

by the 180th day).

This means that a case can be scheduled for trial within 180 days, but not be ready for trial at the time of

scheduling. Therefore, it is important for the magistrates and judges conducting TPR pretrial hearings and

settlement conferences to clearly designate when a case is ready for trial.

A case is ready for trial if:

● All parties have been served;

● The time period for objecting has expired or will expire a sufficient period of time prior to the trial;

● All parties have counsel, or counsel has been ordered to represent the party within a sufficient

period of time prior to trial;

● A scheduling order is in place; and

● The parties have been summoned and/or been issued writs.

The Permanency Planning Liaison also reviews, on a consistent basis, all TPR cases that are greater than

90 days old from the date of filing. The Permanency Planning Liaison determines if trial dates have been

scheduled within the 180-day time standard, if all parents have been located, and discusses with the

attorneys assigned to the cases, any potential issues that could result in the case exceeding the 180-day

time standard for disposition.

If service has not been accomplished, a determination is made whether to allow service by “Publication

and Notice,” as posted by the BCDSS, or if a new show cause order is appropriate. Once the “Publication

and Notice” is posted, individuals must be given the time to respond as prescribed in Md. Rule 11-307. If

the “Publication and Notice” is not posted in a timely manner, it reduces the available time to resolve the

TPR case through the court process within the 180-day time standard. As in CINA cases, the Permanency

Planning Liaison and Parent Locator/Process Server work collaboratively to locate missing parents.

Once served, the parties may file objections within the timeline prescribed by Md. Rule 11-307. If the

court grants the motion to serve by publication, objections must be filed within 30 days of last day of

posting by the BCDSS or publication in a newspaper, whichever is later. Failure to file a timely objection

after being served constitutes a deemed consent that cannot be revoked.

If the natural parents’ consent to the petition or do not file an objection, the court will hold an instant

termination of parental rights hearing and will issue a final order of guardianship after the 30-day

revocation period and schedule an initial guardianship review to be held within six months and at least

once every year after the initial guardianship review hearing is held. The original CINA case is then closed,

and jurisdiction is terminated.

If objections are filed, subsequent hearings may be scheduled to conduct mediations, hold settlement

conferences and again to establish the timing for identifying experts, completing discovery, filing motions,

etc.

If the mediation sessions result in an agreement, the written agreement is incorporated but not merged

into the guardianship order. If an agreement is not reached, the case will proceed to trial. All cases must

go forward on the record even if an agreement is reached, or consent is given.

Should there be a TPR settlement conference/hearing during the process, the hearing will be conducted

by a judge with the goals of: (a) resolving the case; or (b) in the alternative, narrowing the issues or

stipulating to undisputed facts and exhibits.

If the case results in a final order of guardianship at the termination of parental rights hearing, (just as in

an instant termination of parental rights hearing), an initial guardianship review hearing is held within six

months and after the first review are to be yearly, unless the parties agree to an earlier review, (See Family

Law 5-326), until such time the child is adopted, or the guardianship is terminated.

If the court does not grant the TPR petition, thereby dismissing the petition, the case will revert back to

the original CINA case, and a permanency planning review hearing will be scheduled within six months.

Timeline Summary

TERMINATION OF PARENTAL RIGHTS

Elapsed Time Case Event

Day 1

Petition to Terminate Parental Rights Filed

Petition filed by BCDSS. Court issues a show cause order pursuant to

Md. Rule 11-306 to be served on the child’s attorney, parents and their

attorneys. Parents may file an objection within the statutorily

prescribed period which is 30 days if they live in Maryland, 60 days if

they reside out-of-state, and 90 days if they live out of the country.

TPR pretrial scheduling conference/hearing is scheduled.

Day 30 to Day 60

Pretrial Scheduling Conference/Hearing

Review case status and establish timelines for concluding discovery.

Schedule both a settlement conference (with parties) and a TPR

hearing. All TPR hearings/trials are to be scheduled within 180 days of

the filing of the petition.

Up to Day 120

Settlement Conference

All discovery to be completed. If the parties have been served and fail

to file a timely objection, then consent is deemed and a final order of

guardianship may be considered.

Day 120 to Day 150 First TPR Trial Date

Day 180

TPR Trial Completed

If the court grants the TPR petition, a final order of guardianship is

issued. A guardianship review hearing is scheduled within 6 months

and the original CINA case is closed, and jurisdiction is terminated.

If the court dismisses the TPR petition, a permanency planning review

hearing will be scheduled in the original CINA case within 6 months.

Up to Day 360

Guardianship Review Hearing

Subsequent hearings will be scheduled at least every 6 months

after the final order is issued.

MISCELLANEOUS CASE TYPES – Track 6

Case Process Summary

Other juvenile case types are custom managed according to the following scheduled of expectations:

I. Adoption

The Baltimore City Department of Social Services (BCDSS) assists the pro se adoptive parent(s)

with the preparation and filing of a petition for adoption along with a notice of filing, any other

required documentation, and consents. The child’s counsel mu st be served with the notice of

filing unless notice is waived, in writing, pursuant to Md. Rule 9-104.

Once the court has received all the required documentation and necessary consents, the

information will be reviewed by the appropriate Home Court magistrate for completeness,

accuracy and validity. Once it is deemed th at the case is in proper posture to proceed, an

adoption hearing will be scheduled before a judge.

Adoption petitions must be ruled on no later than 180 days from when the petition was filed

(Family Law Article §5-348). As a best practice, the adoption hearing is set within 14 days from

when the petition was filed, or as soon thereafter as possible, depending on the court’s

schedule.

At the adoption hearing, the adoption judgement is entered, and the adoption decree is issued

and distributed to the BCDSS, the child’s counsel, and the adoptive parents.

If the petition has not been ruled on, the matter shall be dismissed or withdrawn, and revert

back to the TPR case and a guardianship review hearing must be scheduled (Family Law Article

§5-326).

Timeline Summary

ADOPTION

Elapsed Time Case Event

Adoption Petition is Filed

Day 1 Petition and Notice of Filing is filed by pro se adoptive

parent(s) with assistance from BCDSS.

Documentation Review

All required documentation and necessary consents are

Day 2 to 12

reviewed by appropriate Home Court Magistrate for

completeness, accuracy, and validity.

Adoption Hearing

Day 14 Hearing held before a judge. Adoption judgment is entered,

and the adoption decree is issued.

If the petition has not been ruled on, the matter shall be

Day 180 dismissed or withdrawn, and revert back to TPR case and a

guardianship review hearing must be scheduled.

II. Peace Orders

Pursuant to Courts and Judicial Proceedings §3-8A-19.1, the Maryland Department of Juvenile

Services (DJS) or the Office of the State’s Attorney (SAO) may file a request for a peace order, if

the alleged act occurred within 30 days before the filing of the request. The request for a peace

order is required by either the victim or parent/guardian of a victim. The initial hearing is to

consider whether the facts in the complaint constitute actions for which a peace order could be

issued. The subject of the complaint must be under age 18 and not h ave a child in common

with the victim. If it is determined that a peace order could be issued, a peace order hearing is

scheduled 14 days after the request is filed. The Clerk’s Office issues summonses for the hearing

and notifies the victim and parent/guardian by first class mail. Service by the Sheriff is ordered

for the respondent and the parent/guardian.

Pursuant to Courts and Judicial Proceedings §3-8A-19.2(c)(3), if the court grants a peace order

request, all relief granted shall be effective for the period stated, not to exceed 6 months.

A respondent is not entitled to counsel in a peace order proceeding ( Courts and Judicial

Proceedings §3-8A-20(c)(1)). A respondent is entitled to counsel in a contempt proceeding

regarding the peace order (Courts and Judicial Proceedings §3-8A-20(c)(2)).

A copy of the peace order shall be served on the victim, the respondent, the appropriate law

enforcement agency, and any other person the court determines is appropriate, in open court

or, if the person is not present at the peace order hearing, by first-class mail to the person’s last

known address. A copy of the peace order served on the respondent constitutes actual notice

to the respondent of the contents of the peace order. Service is complete upon mailing. (Courts

and Judicial Proceedings §3-8A-19.3). Therefore, if the respondent does not appear after being

properly served, a peace order may be issued in the respondent’s absence.

The court may modify or rescind the peace order during the term of the peace order after giving

notice to the victim and the respondent, and holding a hearing (Courts and Judicial Proceedings

§3-8A-19.4).

A violation of any of the provisions of a peace order specified in Courts and Judicial Proceedings

§3-8A-19.2(c)(1)(i), (ii), (iii), or (iv) is a separate delinquency act (Courts and Judicial Proceedings

§3-8A-19.5(a)).

A police officer may take a respondent into custody if there is probable cause to believe a peace

order has been violated.

Timeline Summary

PEACE ORDERS

Elapsed Time Case Event

Day 1

Peace Order Request Filed

Peace Order Request Hearing

Hearing is held same day the request is filed, to consider whether the

facts in the complaint constitute actions for which a peace order could

be issued. If not, the request is denied. If so, a peace order hearing is

scheduled.

PEACE ORDERS

Elapsed Time Case Event

Day 14

Peace Order Hearing

At the hearing, a peace order may be granted or denied. If the court

grants a peace order, all relief as ordered by the court shall be effective

for a period not to exceed 6 months.

If the respondent does not appear at the first scheduled hearing, service

by the Sheriff is ordered and the hearing is postponed for approximately

14 days.

6 Months End Effective Date of Peace Order

III. Voluntary Placement

A “Voluntary Placement Agreement” means a binding, written agreement entered into between

the Baltimore City Department of Social Services (BCDSS) and the parents, guardian or custodian

of a minor child that specifies, at a minimum, the legal status of the child and the rights and

obligations of the parents, guardian or custodian, the child, and BCDSS while the child is in

placement (Family Law Article §5-501(m)).

The Juvenile Court has exclusive jurisdiction over voluntary placement hearings ( Courts and

Judicial Proceedings §3-803(a)).

A voluntary placement hearing is scheduled within 30 days after BCDSS files the petition to

continue a voluntary placement agreement ( Courts and Judicial Proceedings §3-819.1(a), but

the hearing must be held within 180 days of the placement (Family Law Article §5-525(b)(2)(ii)).

The court shall address voluntary placement agreements as provided in Courts an d Judicial

Proceedings §3-819.1.

If the court continues the voluntary placement, then a permanency planning hearing must be

held no later than 11 months after the out of home placement began ( Courts and Judicial

Proceedings §3-823(b)(1)(i)).

Hearings to review the permanency plan must be held at least every 6 months thereafter until

the voluntary placement is terminated (Courts and Judicial Proceedings §3-823(h)(1)).

If the court terminates the voluntary placement, then an order will be issued returning the child

to his/her home with the necessary services and supports (Courts and Judicial Proceedings §3-

819.1(b)(1)).

The court may order BCDSS to file a CINA petition, if necessary, to ensure the care, protection,

safety and mental and physical development of the child ( Courts and Judicial Proceedings §3 -

819.1(b)(4)). The case would then proceed as a CINA Track 3 case.

Timeline Summary

VOLUNTARY PLACEMENT

Elapsed Time Case Event

Day 1 Voluntary Placement Petition Filed

Up to Day 30 Voluntary Placement Hearing

Up to Day 180 Permanency Planning Hearing

Up to Day 360

Permanency Planning Review Hearing

To be held at least every 6 months until the voluntary

placement is terminated.

SPECIAL CASE TYPE – Track 7

I. Family Recovery Program Court

Case Process Summary

Implemented in August 2005, the Family Recovery Program (FRP) is a voluntary program which

serves parents of children thirteen years of age or younger that have been removed from the

custody of the parents by the Baltimore City Department of Social Services due at least in part

to their parent(s) subs tance use/disorder. The children have to be drug exposed or show

evidence of neglect due to a parent’s substance use disorder.

The primary objective of the program is to provide the parents with immediate access to

substance abuse treatment and a full range of supportive services, including mental health care,

transportation, housing assistance and case management support to either accelerate

reunification with the child or to assist the court in establishing other permanency options for

the child. Parents generally remain under court supervision throughout the program and must

report regularly to an FRP judge/magistrate for consideration of their progress, allowing the

FRP judge/magistrate to systematically track compliance with the program. Family Recov ery

Program Court is held every Friday morning and is presided over by the Judge-in-Charge of the

Juvenile Court or his or her designee. The types of cases heard each Friday depend on specific

criteria.

The primary tracks for the FRP Court hearings are as follows:

● Initial 30-Day Hearing – Introductory Track

● Standard Milestones Tracks (Phases of Recovery Assessment)

− Track A Hearing – Weekly or as directed

− Track B Hearing – Every 2 Weeks for the first 6 weeks

− Track C Hearing – Every 4 Weeks

− Track D Hearing – Every 6 Weeks

● Discovery Track (alcohol use disorder)

● Genesis Track (relapsing former FRP parents)

● Horizon Track (no court involvement)

The general time frame that parents will remain under court supervision for drug treatment is

nine to 24 months, focusing on cocaine, opiates, and related substance use disorders. The

separate “Genesis” Track for six months for parents who formerly completed the program but

are being referred for either a new child and/or relapsed. The Milestone Track measures a

parent’s identified task accomplishments toward recovery and reunification in four phases: (1)

Engagement; (2) Commitment to Recovery; (3) Strengthening Myself and Family; (4) Family

Recovery. The “Discovery” Track assists parents with alcohol use disorder. Parents who

successfully complete the program are rewarded with a joyful graduation ceremony and

continued support assistance through the FRP alumni group.

The program reduces the length of stay in foster care for program participant children thereby

producing better, safer, earlier outcomes for children, demonstrating significant cost savings to

the State, reducing substance use among FRP participants and facilitating inter-agency

collaboration and coordination between the program partners to assist with maintaining

healthy families in our communities.

POLICIES AND PROCEDURES

I. Assignment and Scheduling

The Juvenile Court adheres to the “One Family – One Court” concept for the magistrates for

processing all delinquency and CINA cases whereby specific families are always assigned to a

specific “Home Court” for all hearings and includes a rotating assignment schedule for the

magistrates that details the types of cases they will preside over on specific days. Scheduling of

cases is performed by the Home Courts after the initial hearings. In addition, the assigned judges

rotate responsibilities on a monthly basis for the Delinquency, Children in Need of Assistance

(CINA) and Termination of Parent Rights (TPR) dockets.

Exceptions are also a priority for the court. A hearing on a filed exception, whether On the

Record, or De Novo, will be scheduled and heard within 30 days of the filing. The Judge-in-Charge, in collaboration with the Juvenile Office of the Clerk, will ensure that the exception is

scheduled expeditiously while ensuring the parties are consulted regarding their availability for

docketing purposes.

Shelter Care Immediate Reviews will be reviewed and scheduled by the next day. Md. Rule 11-

204(b)(4) provides that a party can request an immediate review either orally at the time of the

hearing, or in writing by the next day. After consulting the parities, the court will schedule the

matter for immediate review.

II. Postponements

A. General Postponements

1. The court is committed to timely and efficient administration of justice.

2. The general policy of the court is that a postponement request will not be granted. The

court is guided by Judicial Discretion and Good Cause findings in granting or denying

postponements.

3. “Postponement” means a proceeding that has not been held and is being rescheduled.

4. “Continuance” means a proceeding that has begun and is extended for additional

day(s).