Baltimore City Cir. Ct. Juvenile DCM Plan (introduction)

CIRCUIT COURT FOR BALTIMORE CITY

JUVENILE DIVISION

Differentiated Case Management Plan with Related Critical

Elaboration on Case Management, Docket Management, and

Court Management in the Baltimore City Juvenile Court

JULY 20, 2023

TABLE OF CONTENTS

Judges and Magistrates 2

Clerk of the Court 2

Computerized Tracking System 2

Delinquency Case Types – Filing Through Disposition 3

CINA Case Types - Filing Through Disposition 3

TPR Case Type – Filing to Final Decree 3

Miscellaneous Case Types 3

Special Case Types 4

I. Adjudication 5

II. Disposition 5

I. Waiver Hearing 8

II. Motions for Transfer 8

III. Emergency Evaluation Hearing 8

IV. Competency Hearing 8

V. Restitution Hearing 9

VI. Informal Adjustments/Abeyance Procedures 9

I. Electronic Summons 10

II. Electronic Warrant Notifications 10

III. Detention Eligible for Reporting Center 10

IV. Youth Picked Up and Held On Writs and Warrants 10

V. ADR Mediation Error! Bookmark not defined.

VI. Delinquency Docket Calls 11

I. Instant Paternity Lab 15

II. Permanency Planning Mediation Program 15

III. CINA Administration 15

IV. Waiver of 30-Day Shelter Adjudication 15

V. CINA Docket Calls 15

VI. Locating Parents 15

I. Adoptions 18

II. Peace Orders 20

III. Voluntary Placement 21

I. Family Recovery Program Court 22

I. Assignment and Scheduling 23

II. Postponements 23

III. Interpreters 26

INTRODUCTION

This Juvenile Differentiated Case Management Plan (“DCM Plan”) is established in accordance with Md.

Rule 16-302(b), which requires the Administrative Judge to develop and, upon approval by the Chief

Justice of the Supreme Court of Maryland, implement and monitor a case management plan for the

prompt and efficient scheduling and disposition of action in the Circuit Court.

In revising the DCM, input was sought from the various stakeholder agencies. Their suggestions were

incorporated into the DCM where appropriate. This is a living document and will be updated and modified

when necessary. A major milestone that the Baltimore City Juvenile Justice domain will face shortly is the

transition from the existing, and much relied upon eQuest case management system. In May 2024, the

courts will transition to MDEC and Odyssey case management systems. These systems have been

implemented through the state, with Baltimore City being the last jurisdiction to incorporate the case

management system. The transition will offer unique capabilities but will also require vigilance to ensure

that the transition between the systems does not create voids in ensuring the timely and effective

administration of Juvenile justice. Obviously, once MDEC is implemented, it will be necessary to reassess

the DCM.

Consistent with the best interest of the child, their safety, family preservation and permanency and

community safety, the Circuit Court for Baltimore City – Juvenile Division seeks to handle each case fairly

and to resolve each case promptly, according to applicable federal and state statutes and regulations,

Maryland Rules, and administrative case time standards.

This is a living document; in other words, the DCM is constantly seeking to capture the current

environment within the Baltimore City Juvenile Justice Center. Suggestions and improvements to the DCM

Plan are welcome and encouraged. Please submit suggested changes to Judge-in-Charge of the Juvenile

Division of the Circuit Court for Baltimore City.

STATEMENT OF PURPOSE

This 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 all 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 written policy, approved by the Administrative Judge, with a view to curbing delay wherever

possible.

Essential components of the Juvenile Differentiated Case Management 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.

In accordance with the Performance Standards and Measures set forth by the Maryland Judiciary, it is the

purpose of this DCM Plan to provide an effective case management system that will assure:

● Access to Justice;

● Expedition and Timeliness;

● Equality, Fairness, and Integrity;

● Independence and Accountability; and

● Public Trust and Confidence.

CASE MANAGEMENT

The policies and procedures outlined in this plan shall be implemented by the Juvenile Court Judge-In-Charge, as designated by the Administrative Judge, and the other assigned judges and magistrates and

their respective staffs. The Juvenile Court Judge-in-Charge reports to the Administrative Judge, supervises

all aspects of case management, and is ultimately responsible for the implementation and monitoring of

this Juvenile Differentiated Case Management Plan, pursuant to Md. Rule 16-302(b).

Judges and Magistrates

The Juvenile Court is staffed by judges and magistrates who oversee the required reasonable efforts for

rehabilitation and behavioral reform of delinquent children, promote the safety of abused and neglected

children, and promote permanency for all children. Judges must, in accordance with the Maryland Rules,

be designated to sit in Juvenile Court based upon specific knowledge, experience and interest in children.

All judges and magistrates shall comply with and implement in their rulings the provisions of this DCM

Plan. Individual judges and magistrates are responsible for the effective management of cases assigned

to them, including adherence to the Case Time Standards.

Clerk of the Court

The Clerk of the Court will designate clerks to be assigned to the Juvenile Court. The employees of the

Clerk’s Office participate in the processing of Delinquency, Children in Need of Assistance (CINA),

Termination of Parental Rights (TPR), Adoptions, and all other juvenile case types assigned to the court

dockets. Duties and responsibilities include, but are not limited to:

● Assisting the Juvenile Court Judge-in-Charge in scheduling cases to the court dockets;

● Timely creation and transmittal of all mandated notices;

● Generation of court orders, directly from the courtrooms and hearing rooms for all hearings;

● Effective tracking of case files; and

● Effective, responsible, and service-oriented communication with all members of the public and

employees of the court.

Computerized Tracking System

Since 1994, the Juvenile Division has utilized the eQUEST Case Management System to integrate all

aspects of processing cases. This computer application is an integrated tracking system, designed and

customized to meet the specific needs of the Juvenile Court and related agencies; including prosecutors,

defense attorneys, child welfare attorneys, court clerks, police, social workers, probation counselors, and

others. QUEST links all disciplines within the framework of the juvenile judicial system enabling personnel

to track all activity related to a case through its entirety and allows for the automation of documents,

including the in-court generation of orders. In addition to automating the court’s practical application,

QUEST’s seamless integration not only affords efficient, effective communication among people within

the Juvenile Court, but also provides those benefits between the various judicial system agencies as well,

thereby promoting a united and effective approach to case management. In May 2024, the Baltimore City

Juvenile Division will transition to MDEC, which will require some changes to the existing Case

Management Plan. However, the overall court management and commitment to efficiency, transparency,

and equal access to justice will not be curtailed.

TRACKS

Tracks define expected case processing events, the timing of events, assignments, and the expectations

for case duration. The caseflow time standard to disposition for Circuit Court Delinquency cases is 90 days

for 98 % of cases; for CINA (Shelter) cases is 30 days; for CINA (Non-Shelter) cases is 60 days and for TPR

cases is 180 days. Expected duration is based on needed time to resolution of each case (i.e., disposition),

which may be less than the time standard.

A Juvenile case may follow seven potential tracks to resolution. Tracks are defined at filing based on the

case type.

Delinquency Case Types – Filing Through Disposition

Track Case Subtypes Expected Case Duration

Track 1

Delinquency

Non-Detention

Delinquency Cases (Non-Detention) 90 Days

Track 2

Delinquency

Detention

Delinquency Cases

(Detention/Community Detention)

90 Days

CINA Case Types - Filing Through Disposition

Track Case Subtypes Expected Case Duration

Track 3

CINA Non-Shelter

Child in Need of Assistance (CINA) cases

with no shelter care

60 Days

Track 4

CINA Shelter

Child in Need of Assistance (CINA) cases

with shelter care

30 Days

CINS Case Types - Filing Through Disposition

Track Case Subtypes Expected Case Duration

Track 3

CINS Non-Shelter

Child in Need of Services (CINS) cases

with no shelter care

60 Days

Track 4

CINS Shelter

Child in Need of Services (CINS) cases

with shelter care

30 Days

TPR Case Type – Filing to Final Decree

Track Case Subtypes Expected Case Duration

Track 5

Termination of Parental Rights

Termination of Parental Rights Cases 180 Days

Miscellaneous Case Types

Track Case Subtypes Expected Case Duration

Track 6

Miscellaneous

Adoptions 14 days up to 6 months

Peace Orders 14 days up to 6 months

Voluntary Placements 30 days from filing of the petition or 180

days from placement, whichever is sooner,

and every 6 months afterwards

Special Case Types

Track Case Subtypes Expected Case Duration

Track 7

Special Case Type

Family Recovery Program Court 9 up to 24 months

CASE EVENTS

DELINQUENCY

Delinquency Non-Detention – Track 1

Case Process Summary

In cases whereby the respondent is not being initially detained and has been released to the custody of

his/her parents, guardian or custodian, an arraignment hearing is scheduled within 14 days of the filing of

the petition. Arraignment hearings are scheduled on Tuesdays, before the judge that is assigned the

delinquency docket. Once the Clerk’s Office receives the petition, they shall take steps for it to be issued

to the respondent and parents. The Clerk’s Office shall issue a summons for the respondent and parent,

notifying the parent to appear with the respondent for a Zoom Meeting. Failure to attend the Zoom

meeting for the arraignment hearing could result in a writ being issued for the respondent and a show

cause hearing against the parent. The Office of the Public Defender (OPD) contacts the family in order to

find out if representation is needed. If the family requests OPD representation, OPD requests the

arraignment hearing be converted to a Status Conference where parent and Respondent are excused, and

OPD appears on their behalf. An adjudication hearing is then scheduled by the judge or magistrate within

60 days of the arraignment hearing, generally in an assigned Home Court for the Child (See pg. 23 below

for definition of “Home Court.”).

Adjudicatory Hearing

The purpose of the adjudicatory hearing is to determine if the child committed the offense and if a “Facts

Sustained” is warranted. If the child admits to the offense, no witnesses are called.

Disposition Hearing

If the court determines the child committed the offense, the court will schedule a disposition hearing,

typically within five days. If the court determines the child did not commit the offense, the case ends, and

a disposition hearing is not required.

Delinquency Detention/Community Detention – Track 2

Case Process Summary

In cases whereby an initial determination has been made to detain a respondent due to concerns that

he/she is likely to leave the jurisdiction, or is a serious, imminent danger to himself/herself or the public,

a detention/shelter care hearing must be held before a fact- finding (adjudication) hearing is held. The

State’s Attorney shall file a petition and a hearing must be held the same court day in order to extend the

detention or shelter care. These hearings are conducted by the magistrate or judge assigned the

“Emergency Delinquency Specials” for that court day. These hearings begin at 1:30 PM each day.

Reasonable notice, oral or written, shall be gi ven to the respondent and the respondent’s parents,

guardian, or custodian.

At the detention/shelter care hearing, the court grants or denies continued detention/shelter care. The

respondent and parents, guardian, or custodian are served with the petition, advised of the charges, and

advised of their right to counsel. 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 respondent could be returned to the custody of his/her parents, guardian, or custodian at the

detention/shelter care hearing or detained in a secure facility or placed on community detention such as

home electronic monitoring, global positioning monitoring and/or ordered to attend a Reporting Center

or Pre-Adjudication Coordination and Training Center (PACT). If the court grants continued

detention/shelter care, there must be an adjudication hearing held within 30 days from the

detention/shelter care hearing. In addition, if the respondent 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. The disposition hearing will occur if the respondent is found to have

committed the alleged acts at the adjudication hearing.

I. Adjudication

If the respondent is detained, placed on community detention, or any form of detention, the

case process continues as follows:

Within 30 days, the court will hold a fact-finding hearing (similar to a bench trial), called the

adjudication.

If the respondent has been released to the custody of his/her parents, guardian, or custodian,

the case process continues as follow:

Within 60 days, the court will hold a fact-finding hearing (similar to a bench trial), called the

adjudication.

The purpose of the hearing is to determine if the child committed the offense. If the child admits

to the offense, no witnesses are called. If the court determines the child committed the offense,

the court will schedule a disposition hearing. If the court determines the child did not commit

the offense, or “Facts Not Sustained,” the case ends, and a disposition hearing is no longer

required.

II. Disposition

The disposition hearing may be held on the same day as the adjudication hearing, or it may be

held later. The disposition hearing can only be held on the same day as the adjudication hearing

if all parties waive 5-day notice on the record. The disposition hearing must be held no later

than 30 days after the adjudication hearing, or no later than 14 days if the child is detained.

Upon a finding of non-delinquency (no services needed), the case is closed. Upon a finding of

delinquency, the court has an array of choices when making disposition, such as:

a. Probation;

b. Commitment to the Maryland Department of Juvenile Services (DJS) for placement in a

secured facility or in the community, or to the Maryland Department of Health; and/or

c. Restitution to compensate the victim for property that was stolen, damaged or

destroyed, or for costs the victim incurred, such as medical expenses.

If a child is to be removed from the home, the court must determine if reasonable efforts were

made to keep the child in the home; also, if the child is to be placed outside the home for an

extended period of time, e.g., more than 60 days, schedule a permanency planning hearing on a

date ten months from the date on which the child was removed from the home.

If a ch ild is detained pending out of home placement or commencement of community-based

services, a review hearing must be scheduled not less than every 14 days pending placement.

Once the respondent is placed, review hearings and permanency planning hearings ar e to be

scheduled at 6-month and 10-month intervals, pursuant to Adoption and Safe Families Act, Title

IV-E.

The court may also adopt a treatment service plan recommended by the DJS. A treatment service

plan is DJS’s plan for providing specific assistance, guidance, treatment, or rehabilitation of the

child.

Timeline Summary

DELINQUENCY (NON-DETENTION/DETENTION)

Elapsed

Time

Non-Detention

Case Event

Detention

Case Event

Day 1 Petition Filed

In cases whereby the respondent is

released to the custody of his/her

parents, guardian, or custodian, an

arraignment hearing is scheduled on

a Tuesday up to day 30.

Petition Filed

Emergency Arraignment Hearing

Detention/Shelter Care Hearing

In cases whereby an initial

determination is made to detain a

respondent, a detention/shelter

care hearing is held the same day

the petition is filed. An adjudication

hearing is scheduled within 30 days

of the detention/shelter care

hearing.

Up to

Day 30

Arraignment Hearing

The Clerk’s Office assigns the new

arraignment with the Delinquency

Judge assigned from a date received

from the ASA office. Representation

of respondent by counsel is

determined. Adjudication hearing is

scheduled.

Up to

Day 30

Adjudication Hearing

If the respondent is found facts sustained

(committed the alleged acts), the case will

proceed to the disposition hearing. If the

respondent is found not facts sustained (did

not commit the alleged acts), the case is

closed.

DELINQUENCY (NON-DETENTION/DETENTION)

Elapsed Non-Detention Detention

Time Case Event Case Event

Up to Detention Review Hearings

Day 44 Detention review hearings must be

conducted every 14 days thereafter until the

disposition hearing is held.

Disposition Hearing

Disposition must be held within 14 days if the

respondent continues to be detained or is on

community detention.

Up to Adjudication Hearing

Day 60 If respondent is found fact sustained

(committed the alleged acts), the

case will proceed to the disposition

hearing. If the respondent is found

not facts sustained (did not commit

the alleged acts), the case is closed.

Up to Disposition Hearing

Day 90 To be in compliance with the Maryland Judiciary Performance Standards and

Measures for all delinquency cases, disposition must occur within 90 days.

Up to Review Hearing

Day 180 A review hearing must be held every 6 months if the respondent is to remain in

placement.

Up to Permanency Planning Hearing

Day 365 If the respondent remains out of the home in a Title IV-E facility, the permanency

planning hearing replaces the review hearing.

Permanency planning review hearings are held every 6 months if the child is in out of

home placement.

Additional Delinquency Potential Hearings

The following hearings may also occur at different points during the course of a case:

I. Waiver Hearing

Pursuant to Md. Rule 11-410, if the State’s Attorney’s Office (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 and Md. Rule 11-

410(d)(3)(B)). If the waiver petition is denied, then the case must be brought to adjudication

within 30 days (Courts and Judicial Proceedings §3-8A-18(b) and Md. Rule 11-421(b)(4)).

Waiver hearings should be completed within 60 days of State filing the waiver petition (45 days

are required for the DJS prepared waiver summary; additional time for hearing is liberally

granted if respondent names an opposing expert).

II. Motions for Transfer (from Criminal to Juvenile Court)

All motions for transfer pursuant to Criminal Procedure §4-202 are heard at the Baltimore City

Juvenile Justice Center (BCJJC) now that juveniles that are initially charged as adults are detained

at a specific location other than at the Baltimore City Detention Center. The Juvenile Court

Judge-in-Charge will assign a judge who will preside over the motion hearing as an Adult Criminal

Court Judge. Counsel who represents the juvenile defendant in a successful motion for transfer

hearing are required to enter their appearance and represent the juvenile in the Juvenile Court.

The Juvenile Court schedules an arraignment and detention hearing immediately after the judge

signs the order of transfer. Defense counsel is expected to be available.

III. Emergency Evaluation Hearing

Parents or guardians seeking emergency orders for psychiatric evaluations of minors may,

during normal court hours, appear at the Juvenile Court Clerk’s Office and complete a petition

for an emergency evaluation. Those petitions are set immediately before a judge for a hearing.

The Juvenile Court also conducts hearings on emergency requests for medical treatment in

instances where a parent or guardian refused to consent to emergent medical care found by

clear and convincing evidence.

IV. 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 adjudication 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 Circuit Court Medical Services Division, Maryland Department of Health, 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).

Competency hearings are scheduled within 60 days of the raising of the issue – 45 days being

required for Court Medical to complete its evaluations of competency and public safety.

Additional time for the hearing is liberally granted where Respondent names an opposing

expert.

If a child is found not competent, not attainable, the petition is dismissed. If a child is found not

competent, but attainable, a further competency hearing is scheduled before 180 days. If a child

is found competent, an adjudication is scheduled 30 days thereafter.

V. 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; Courts and Judicial Proceedings §3-8A-28; and Md.

Rule 11-422(g)). Restitution hearings are generally scheduled with and concluded on

disposition hearing dates.

VI. Informal Adjustments/Abeyance Procedures

Pursuant to Md. Rule 11-420.1 and Courts and Judicial Proceedings §3-8A-10(n), if a motion is

made by either the Respondent or the State’s Attorney’s Office to hold a juvenile proceeding

in abeyance and refer the matter to the Department of Juvenile Services (DJS) for an informal

adjustment, the court may either (1) set a hearing on the motion within 30 days to determine

whether the motion should be granted and an order entered; or (2) if, consented to, enter an

order holding the case in abeyance. The order shall include: