Baltimore Cnty. Cir. Ct. Family DCM Plan 6

appear for the hearing.

Adoption Cases

Any adult may petition the Court for an adoption in accordance with Title 5, Subtitle 3B-Independent

Adoption of the Family Law Article of the Annotated Code of Maryland and the Maryland Rules of

Procedure Title 9, Chapter 100. Parties shall follow the format in the Maryland Rules regarding

forms, including c onsents, petitions, show cause orders, appointments of attorney, objections, and

accounting reports. Failure to follow the statutes and rules may result in the petition for adoption

taken under advisement or dismissed.

The Petition

If the p etitioner is married, the petitioner's spouse must join in the petition unless the spouse is

separated from the petitioner (under a circumstance that gives the petitioner a ground for divorce

or annulment), is not competent to join in the petition, or is a parent of the prospective adoptee and

has consented to the proposed adoption. If the marital status of a petitioner changes before entry of

a final order, the petitioner must amend the petition accordingly.

In addition to the information presently required, the petition shall also include contact information

for any biological parent(s) who executed a consent to the adoption. Ideally, the p etition should be

filed prior to the expiration of the biological parent's right to revoke the consent to the adoption, but

this is not mandatory. The p etition must be filed in order to obtain a temporary custody order in a

non-relative adoption. See Family Law Article, Section 5-3B-12. The biological parent(s) will be

contacted as part of the investigation to verify their consent unless they have been represented by

an attorney and the attorney files an affidavit of r epresentation. If no affidavit has been filed, the

biological parents will be contacted to determine whether they were represented and/or whether

they were advised of their right to seek counsel. This will occur regardless of whether the time to

object has passed. In the event the investigator believes that an irregularity exists in connection with

the biological parent's consent, the case will be forwarded to a Judge who, after reviewing the file,

may appoint an attorney to represent the biological parent(s), at the expense of the petitioners.

The Prospective Adoptee

In the event a prospective adoptee is 10 years or older, that child must execute a consent to the

proposed adoption. The child must be represented by independent counsel, who is required to

review the consent form with the child. When a p etition has been filed and a child has executed a

consent to the adoption without counsel, the Court will appoint an attorney to represent the child

and inform petitioners or counsel that a new consent must be executed by the child in the presence

of his o r her attorney and filed with the Court. Counsel for the child must file an affidavit (Family

Law Article, Form 9-102.10) indicating that he or she met with the child and explained the consent

and that the child signed it voluntarily and not as a result o f duress or coercion. The prospective

adoptee will be interviewed, either at the petitioner's home if a home study is ordered or at the Office

of Family Mediation if the home study is waived. If the child is unaware of the adoption and is under

the age of 10 years, the adoption will not be mentioned to the child during the brief interview with

him or her. The petitioners shall be responsible for the payment of the attorney representing a

prospective adoptee 10 years or older and/or the attorney that may be appointed by the Court to

represent a biological parent after the biological parent has signed a consent to the adoption if

ordered by the Court.

The Investigation

All independent adoptions will be forwarded to the Office of Family Mediation for an inves tigation.

The investigation will include an interview with the p etitioners and the prospective adoptee, a

criminal record check, and a DSS record search of any and all past or current involvement with the

Child Protective Services department. Home studies will be conducted in all cases, with the exception

that no home study will be required in step-parent adoptions, provided a motion to waive home study

is filed with the p etition. The investigator will determine what, if any, monies were expended on

behalf of the biological parent or parents. Expenses paid by the p etitioners should be listed in the

petition and the investigator will verify those expenditures.

Guardianship Cases

Guardianship cases are overseen by Guardianship Judges designated by the County Administrative

Judge. Once a guardianship is established, subsequent reviews are assigned to an individual

Guardianship Judge based upon the last digit of the case number, so there is consistent

management of the case, unless the guardianship resulted from a contested trial, in which instance

the case remains assigned to the Guardianship Judge who presided over that trial.

Guardianship cases are managed within the Clerk’s Office by the Trust Clerk. In addition, the Court

has a Guardianship Case Manager who assists the Guardianship Judges as needed to orient new

guardians, to respond to inquiries by guardians, to investigate lapses in reporting or asset

management, or otherwise to aid in the management of guardianship matters.

A guardianship of either person or property is initiated by a petition to appoint a guardian of person

or property, pursuant to Md. 10-201 and 10- 301. The form of the p etition must comply with the

provisions of Md. Rule 10-111 (guardianship of a minor), Md. Rule 10-112 (guardianship of an alleged

disabled person), or Md. Rule 10-301 (guardianship of property.) A petition seeking guardianship of

an alleged disabled person must be accompanied by medical certificates that describe the disability,

consistent with the requirements of Md. Rule 10-202.

Once the petition is filed, a show cause order will be issued, to be served upon the minor or the alleged

disabled person, along with a dvice of r ights in the form set forth in Md. Rule 10-204. The p etition

and show cause order shall also be sent by the petitioner by ordinary mail and by certified mail to all

other interested persons identified in the petition.

An alleged disabled person is entitled to representation in any guardianship matter. The Court will

appoint counsel to represent the alleged disabled person in the guardianship matter. If the p etition

indicates the alleged disabled person has sufficient assets to afford to retain counsel, the Trust Clerk

will prepare an order to assign an attorney from a list maintained by the Trust Clerk of counsel willing

to accept appointments at the Court approved rate in guardianship matters. If the information in the

petition appears to indicate that there are not sufficient assets to afford counsel, the Trust Clerk will

prepare an order to assign counsel designated under contract through the Maryland Department of

Human resources to provide representation in guardianship matters. The Order of Appointment of

Counsel, along with the Show Cause Order, will be forwarded to a Guardianship Judge for signature.

The initial Guardianship Hearing is set on the show cause order. When the order appointing counsel

is mailed to that attorney, with a copy to the petitioner or their counsel, i t includes instructions to

contact the Trust Clerk to set an agreed date for the G uardianship Hearing. The Trust Clerk then

inserts the agreed date on the show cause order. The date must be set at least 31 days after counsel

contact the Trust Clerk to all ow sufficient time to serve and permit responses to the s how cause

order.

Routine Guardianship Hearings are set on Thursday mornings before a Guardianship Judge. Any

request to expedite a G uardianship Hearing must be filed by motion setting forth any special or

compelling circumstances that warrants earlier hearing. Any request for expedited hearing will be

referred to a Guardianship Judge for ruling.

Most guardianship cases proceed by stipulation or agreeme nt of the parties and counsel; therefore,

the show cause order that is issued will identify a hearing date based upon the assumption that the

case will not be contested. If the case appears to be contested, the hearing notice requires counsel to

notify th e Trust Clerk, and the hearing date set on the s how cause order will be converted to a

Scheduling Conference with a Guardianship Judge. At the S cheduling Conference, the Guardianship

Judge will confer with counsel to determine the complexity of the issues, the length of time needed

for any discovery, and the estimated length of trial. A trial date will be set and cle ared through the

Central Assignment Office to ensure there is a Guardianship Judge available to hear the case on the

date selected. In cases involving a request for appointment of a guardian of an alleged disabled

person, counsel should indicate whether he/she anticipates a jury trial will be requested. The

Guardianship Judge will also determine whether the case is appropriate for mediation, and will set a

mediation date if requested.

If a guardianship is established, the Guardianship Judge will prepare the appropriate order, and the

parties will be referred to the Trust Clerk to obtain certified copies of the o rder, along with

information concerning the duties and responsibilities of the guardian. In cases involving

guardianship of p roperty, the guardian will be provided an Initial Inventory f orm, along with

instructions on how to complete and file the required information within 60 days. Individuals who

are not attorneys who are appointed to serve as guardians are required to attend an orientation

program for new guardians. This program is conducted by one of the Guardiansh ip Judges and the

Guardianship C ase Manager bi-monthly in the evening. Guardians required to attend must do so

within six months of their appointment.

Guardians of person and property are required to file an annual report, in the form approved by Md.

Rule 10-206 (guardianship of a minor or disabled person) and/or Md. Rule 10-708 (guardianship of

property.) The Trust Clerk will issue reminders to guardians to prompt compli ance with the report

obligation and will forward delinquency notifications to guardians for any report that is not timely

filed. If a guardian fails to file a required report after a delinquency notice is issued, the Trust Clerk

will forward the file to the assigned Guardianship Judge for review, to include issuing a summons for

a review hearing.

The Trust Clerk will review the annual reports and forward them to the assigned Guardianship Judge

for approval. The Trust Clerk will audit the guardianship of property reports to determine that

balances reconc ile with those reported in the initial i nventory or the most recent annual report,

income and disbursements are identified, required documentation is attached, and financial account

balances are verified. The Trust Clerk will note any discrepancy on the guardianship report before it

is sent to the assigned Guardianship Judge for approval.

Questions or discrepancies that arise throughout the management of guardianship cases are referred

to the Guardianship Case Manager for review in an effort to resolve issues or obtain information to

assist a Guardianship Judge in ruling on the matter. The Guardianship Case Manager will coordinate

with the assigned Guardianship Judge to ensure close case management.

Guardianship cases are terminated when a minor turns eighteen, when a disability giving rise to the

guardianship ceases, or when the disabled person dies. A request to terminate a guardianship must

be accompanied by appropriate documentation. If the guardianship included property, a final

accounting report must be filed with the request to terminate.

Special Immigrant Status Cases

Special Immigrant Juvenile Status (SIJS) petitions provide a mechanism for undocumented children

to apply to the United States Citizen and Immigration Services to adjust their immigration status and

remain legally in the United States. 8 U.S.C.A. § 1101(a); 8 C. F. R. § 204.11(a), (d)(2)(iii). SIJS requests

typically accompany a petition seeking custody or guardianship of a minor; however, Maryland law

extends jurisdiction for SIJS requests to “an unmarried individual under the age of 21 years.” See Md.

Family Law Ann., § 1-201(a).

The County Administrative Judge has designated certain judges to review all SIJS requests. Any case

seeking SIJS findings will be forwarded to one of the designated SIJS Judges for initial screening after

the case is docketed. The SIJS Judge will review the file to determine if necessary parties have been

named, whether valid consents from necessary parties are attached, whether any required service of

process has occurred, and whether the case is ripe for a hearing. The SIJS Judge will docum ent any

action that remains to be taken before a hearing can be set, and will also note any scheduling exigency

that may exist, based upon the age of the party seeking SIJS. Once the SIJS request is ripe for hearing,

the case will be referred to the Civil Assignment Office to schedule a hearing before any Family

Division Judge.

Track 2 – Family Standard

The following is the criteria and scheduling procedures for all family standard cases:

Criteria: A contested case that does not have significant financial issues or high conflict child access

issues, but the contested issues are not minor. Modifications of custody that do not require a c hild

access evaluation and modifications of alimony shall also be scheduled under this track and shall be

scheduled before a magistrate, unless the order being modified result ed from a contested hearing

before a Judge (the case should be scheduled before the Judge who issued the order in this scenario).

The anticipated length of the hearing will be one to two days.

Scheduling: If a Pendente Lite Hearing is requested, it shall be set before a magistrate no later than

90 days from the date of the Scheduling Conference. A settlement conference shall be set no later

than 120 days from the date of the Scheduling Conference. If necessary, a trial date shall be set at the

time of the Settlement Conference and shall be set no more than 60 days from the date of the

Settlement Conference. If mediation is appropriate, a mediation session will be scheduled

approximately 60 days after the Scheduling Conference.

Diagram 1.4 – Family Track 2 - Standard Case Processing

Track 3 – Family Complex

A. Complex Child Access Evaluation Cases

The following is the criteria and scheduling procedures for complex child access evaluation cases:

Criteria: A contested case where it has been determined by a Family Support Services Social Worker

that a child access evaluation is necessary. These cases will likely include high conflict issues, such

as significant domestic violence, significant substance abuse, child protective orders and/or other

significant contact by the parties with the Department of Social Services, significant and reoccurring

mental health issues and any other high conflict issues between the parties that necessitate a c hild

access evaluation.

Scheduling: A Child Access Evaluation Conference shall be set approximately 120 days from date of

the Scheduling Conference. If a Pendente Lite Hearing is requested on child support, custody or

access, it shall be set no more than 30 days after the date of the Child Access Evaluation Conference.

A request for a Pendente Lite Hearing on any other issue, such as alimony or counsel fees, shall be set

before a magistrate within 60 days of the Scheduling Conference. A Settlement Conference shall be

set no more than 30 days after the Child Access Evaluation Conference, or 30 days after the Pendente

Lite Hearing on child support, custody and/or access, if one is requested. If necessary, a trial date

shall be set at the time of the Settlement Conference and shall be set no more than 60 days from the

date of the Settlement Conference. If the case does not fully settle at the time of the C hild Access

Evaluation Conference, the case will be specially assigned to a Family Division Judge by the Lead

Family Judge at that time. All further hearings will be heard by that assigned judge.

If at the time of the Scheduling Conference a magistrate determines that one of the parties does not

have any access at all, the parties will be referred for a mediation session on that date to attempt to

resolve the access issue. If the access issue is not resolved at that ti me, parties may make a request,

in writing, for an emergency hearing (see Emergency Hearings and Ex Parte Orders section on p. 2 5

below).

B. Complex Divorce Cases

The following is the criteria and scheduling procedures for complex divorce cases:

Criteria: A contested case with extensive property holdings, complicated business valuations,

significant assets held in various forms, contested pensions and legitimate claims for significant

alimony. The anticipated length of the hearing will be three days or more.

Scheduling: If a Pendente Lite Hearing is requested, it shall be set before a magistrate no later than

180 days from the date of the Scheduling Conference. A Settlement Conference shall be set no later

than 240 days from the date of the Scheduling Co nference and a trial date shall be set at the time of

the Scheduling Conference and shall be no later than 270 days from the date of the Scheduling

Conference. If the complex financial case also has high conflict child access issues and it is determined

that a child access evaluation is also necessary, then a Child Access Evaluation Conference will be

scheduled approximately 120 days after the Scheduling Conference. If mediation is appropriate, a

mediation session will be scheduled approximately 60 days after the Scheduling Conference. A follow

up Status Conference with the Lead Family Judge will be scheduled approximately 45 days from the

date of the Scheduling Conference to address discovery issues, to p ossibly resolve specific disputes

in the case, and to streamline or narrow issues before the Settlement Conference or trial.

Complex cases are not automatically specially assigned to a judge. If the pa rties/attorneys wish to

have a complex case specially assigned, they must submit a written request to the Family/Civil Case

Manager, who will review the case file with the Lead Family Judge to determine whether the case

shall be specially assigned.

Diagram 1.5 – Family Track 3 - Complex Case Processing

General Family Case Processing Policies and Procedures

Scheduling conferences

The goals of a Scheduling Conference include the following:

(a) provide an early opportunity for the parties to settle any of the issues in their case;

(b) establish track assignments;

(c) determine the contested issues in each case;

(d) determine the need for mediation, investigations, counseling or any other support related

services; and

(e) screen high conflict family cases so that the parties and children can be identified for services

as early as possible. This may result in i ntensive services mediation, investigations, or

evaluations in child access cases.

At the Scheduling C onference, all parties and attorneys first meet with a magistrate to attempt to

settle all or any of the contested issues in the case and to identify all contested issues and whether

the case needs to be screened by a Family Support Services S ocial Worker. The magistrate will also

determine whether allegations of abuse exist in the case, determine the appropriate scheduling track

and arrive at a time estimate for any necessary hearings. If the parties come to an agreement at the

conference, the magistrate will prepare a c onsent agreement that will be signed by all parties and

attorneys and forwarded to a Family Division Judge for approval.

If the case is screened by a Family Support Services Social Worker, the Social Worker will determine

whether the case is appropriate for a chi ld access evaluation, an investigation, supervised visitation

or any other family support services. (See some of these services listed below.)

If the entire case is not settled at the conference, agreed dates are obtained from the attorneys and

parties f or the scheduling of co-parenting classes and mediation, any necessary Pendente Lite

Hearings, Settlement Conference s and, if appropriate, a final M erits Hearing. A computerized

Scheduling Order will then be generated and distributed at the time of the conference. Hearing dates

established at the time of the conference shall not be postponed except for extraordinary reasons.

Telephonic Scheduling Conference

In contested cases where one or more parties live 100 miles or more from the Courthouse, the case

will be set for a telephone Scheduling Conference. Telephone Scheduling Conference s are also

available if there are no contested children's issues and no party in the case is seeking a c omplex

track. Attorneys who wish to conduct these conf erences must first contact the DCM Office and

arrange a date and time. The telephone conference must be conducted 30 days from the assignment

date notice and the DCM staff will initiate the conference call on the agreed date and time.

Re-Scheduling Conferences (Postponements)

If a party and/or attorney is unable to attend a Scheduling Conference, he/she MUST contact the DCM

Office (410- 887-2509) to obtain a new date/time. Failure to notify the DCM Office or failure to

appear at the Scheduling Conference may result in s cheduling order being issued without any

opportunity to be modified, or, if the moving party fails to appear, the matter being dismissed.

The DCM Coordinator will provide the party/attorney seeking to modify the date with new available

dates to reschedule the conference. That party/attorney must contact all parties or attorneys in the

case and get an agre ed date. The new date for the c onference must be set within 21 days of the

originally scheduled conference date. If the parties/attorneys cannot agree on a new date within this

time frame, the party/attorney seeking to the change the originally scheduled date will need to

submit in wr iting to the DCM Coordinator a request to r eschedule the Scheduling Conference. The

request shall contain the reason for the postponement and why a new date cannot be set with in the

21-day time frame. The request will be reviewed and ruled upon by the County Administrative Judge

or her/his designee.

Family Services and Programs

The following are some of the services that may be ordered as part of an ongoing contested

domestic case. Ideally, the need for any service will be determined at the time of the Scheduling

Conference. However, a judge may order, or a magistrate may recommend, any of these services at

any time in the case process. The services and programs are as follows:

(A.) Co-Parenting Classes - This course is available in the Court house twice a

month to all parties. It is recommended that this program be taken prior to any

scheduled mediation. Designed to educate parents about the impact that family

conflict may have upon children, these classes also explain better ways to understand

relationships and assist parents in finding more improved methods of

communication. There is a fee for co-parenting education classes.

(B.) Intensive Service Parenting Workshop - After careful screening, cases may

be referred to the Intensive Services Parenting Workshop. This course will

concentrate on those areas that make effective parent ing difficult such as domestic

violence, substance abuse and mental health issues. Parallel parenting skills will be

stressed in order to reduce the conflict levels. There is no fee for the Intensive

Service Parenting Workshop.

(C.) Supervised Visitation and Monitored Exchange - Supervised visitation and

monitored exchange of children for visitation are provided through the Family

Division. The service is provided at a neutral site location under certain restrictions

ordered by a Family Division Judge. Supervised visitation can be ordered for a period

of up to 12 months. This program is coordinated through the Family Support

Services Office in the Family Division.

(D.) Mediation – A case may be refer red to mediation on all child access and

financial issues, including modification and contempt petitions, whenever the Court

determines that the case is appropriate for mediation. The mediation session will

take place on an agreed future date scheduled at the time of the conference. All

mediation sessions are held in the County Courts Building with fully trained staff

mediators from the Office of Family Mediation.

(E.) Intensive Services Mediation - This service may be ordered in place of

standard mediation in cases involving high levels of conflict. This is a facilitative,

problem-solving process that allows the parties to be interviewed separately (i.e.

caucus method), if necessary. This process also helps in identifying the underlying

problems of the dispute and a methodology for improving communications between

the parties.

(F.) Family Support Services – Some special services are coordinated through

the Family Support Services Office including substance abuse screening, monitoring

and evaluation. The Office also maintains a list of parent coordinators, and may

provide referrals to other services (e.g., mental health, parenting, anger

management). There may be fees charged by the various providers of these services.

(G.) Child Access Investigations - Child Access Investigations and Home Studies

are conducted by the staff of the Family Support Services Office, usually within 60 to

90 days after being requested by a Family Division Judge or magistrate. Psycho -

social assessments and emergency investigations are performed by social work ers

in the Family Support Services Office.

(H.) Psychiatric Evaluations - These are conducted by the Office of the Court

Psychiatrist when ordered by a Family Division Judge. Two forensic psychiatrists,

one forensic psychologist and a clinician are available to perform these family

mental health assessments. Psychiatric e valuations may be part of the c hild access

evaluation, if the Family Support Services Social Worker determines one is

necessary, or a party may file a motion for a psychiatric evaluation.

(I.) Child Access Evaluations - These evaluations and reports wi ll include

information such as the quality of relationship between parent and child, the ability

of each parent to parent a child, the relationship between the parents and their

ability to co- parent, the mental health of the parties, the mental health of the child

and the patterns of domestic abuse. At the conclusion of the evaluation, a conference

is held for purposes of presenting the report and reaching an agreement with the

parties. If needed, mediation can be utilized to further encourage this agreement.

(J.) Family Recovery Court – The Family Recovery Court (FRC) is a four- phase

program intended to improve treatment outcomes for children and families when a

parent’s substance abuse problem is affecting his/her ability to parent. FRC provides

additional case management and oversight to families with at least one parent with a

substance abuse issue. Participation is voluntary and includes a commitment to

attend FRC hearings twice a month, to submit to random, supervised drug testing, to

maintain contact with the program and to follow treatment recommendations. A t

minimum, it is a nine-month program. A parent in a child access dispute may be

referred and accepted into FRC at any time, but are often referred at the time of a

scheduling conference or after a mediation or child access evaluation.

Emergency Hearings and Ex Parte Orders

Parties may seek to ad vance a ruling in a family case based upon a variety of circumstances. These

requests are divided into three general categories: (1) e x parte requests; (2) emergency hearing

requests; and (3) expedited hearing requests. A request seeking any form of advance hearing should

clearly indicate the type of relief sought. If both an ex parte hearing and an emergency hearing are

sought, they should be requested in separate pleadings. If an emergency or expedited hearing is

sought, the request should clearly articulate the projected harm if an adversarial hearing is not set,

such as an inability to enroll a child in school or to obtain necessary medical treatment.

Ex Parte Hearing Requests

A request for an ex parte ruling is one seeking a ruling on the day it is filed in response to a situation

that warrants urgent Court intervention. While ex parte requests still require notice and an

opportunity for input, they are an expedited proceeding, without discovery, so a full evidentiary

record is not developed. Therefore, the relief that is entered is for limited duration until a full

adversary hearing can be set.

A motion for ex parte relief must be filed in accordance with Md. Rules 1-351 and 15-504 Before the

Court will consider the merits of the motion, the moving party must certify in writing that all parties

who will be affected by a ruling have been given notice of the time and place the motion is being

presented, or the moving party must certify in writing that efforts commensurate with the

circumstances have been made to give notice.

Motions for ex parte relief are presented to the Chambers Judge. The moving party should submit an

advance copy to the Chambers Judge, arrange a time when the matter may be heard by the Judge, and

communicate that information to the opposing party or their counsel. The m otion for ex parte relief

must be filed in the Clerk’s Office before the matter is heard by the Chambers Judge. Ex parte requests

may be denied without a hearing by the Chambers Judge if the request does not sufficiently state a

claim that warrants immediate action or if proper notice is not given to the opposing side.

Motions for ex parte relief should be sought sparingly and only in circumstances that require

immediate intervention. Ex parte relief will be denied unless there is a sufficient showing that there

is an imminent risk of immediate, substantial and irreparable harm or harassment to a party or minor

child before an adversary hearing can be held. Motions seeking immediate payment of child support

and/or alimony or to enforce visitation do not typically qualify for ex parte relief.

If ex parte relief is granted, a temporary restraining order shall be issued. The duration is limited to

10 days from issuance for a resident, and not more than 35days for a non- resident, which may be

extended for one additional period. T he party affected by the order may apply for modification or

dissolution of the order on two (2) days-notice to the party who obtained the ex parte order. If the

moving party seeks further extension beyond the temporary order, a follow up hearing will be

scheduled by the Central Assignment Office on any motion for preliminary injunction or for

emergency hearing.

Emergency Hearings

A party may request an Emergency Hearing if there exists some immediate, substantial risk of injury

or harm to the party or the party's child or children before a regularly scheduled hearing will be held.

In order to request an Emergency Hearing, the case must be at issue (i.e., where a complaint has

already been filed and all opposing parties have filed an answer, or defaults have been entered

against any party who has been properly served and who have not filed a timely answer.) The written

request should be captioned as a Request for an Emergency Hearing, and should contain the relevant

facts that demonstrate why the matter needs immediate Court attention. It is helpful to include a time

estimate with the request, and to indicate whether medical experts are likely to be called.

An affidavit (s) and certificate of service must accompany the r equest for an E mergency Hearing

detailing the facts that give rise to the emergency. The r equest for an E mergency Hearing will be

reviewed and decided, in the first instance, by a magistrate, unless the matter is specially assigned to

a judge. Upon written request sent to the Central Assignment Office, the decision of the magistrate

may be reconsidered by the Lead Family Judge. If the r equest for an Emergency Hearing is granted,

the matter will be scheduled before a Family Division Judge within 10 days by the Central Assignment

Office. If a request for an Emergency Hearing is denied, the matter at issue will be referred to Civil

Assignment to be set under the normal DCM procedures.

Expedited Hearings

A request for an expedited hearing is a request to advance a hearing date to an earlier time than

would typically be set under the DCM track. A request to expedite a hearing should set forth in detail

the factual basis for the request. A request for an expedited hearing will be reviewed and decided, in

the first instance, by a magistrate. Upon written request, the decision of the magistrate may be

reconsidered by the Lead Family Judge. If the request for an expedited hearing is granted, the matter

will be referred to the Civil Assignment Office with direction to re-set the hearing at issue.

Domestic Violence Hearings

Domestic Violence Petitions

A petition for protection from domestic violence must be filed in the Clerk’s Office. Once the petition

is docketed, the matter is referred to the Chambers Judge for a hearing to determine whether to grant

a temporary protective order. If a temporary protective order is granted by the Judge, a f inal

protective order hearing shall be scheduled before a Family Division Judge within seven (7) days.

The date of the final protective order hearing shall be included on the temporary protective order

and the t emporary protective order shall be immediately served upon the alleged abuser by a law

enforcement officer. If the alleged abuser is not served with the t emporary order and notice of the

final hearing, an e xtension order will be entered by the assigned trial judge, and the matter will be

re-set for hearing on the final protective order.

Modification or Rescission of a Final Protective Order

If a party files a motion to modify, extend or rescind a final protective order, the motion is sent to the

judge designated to review p rotective order modifications, or, alternatively, to the County

Administrative Judge. The designated judge may deny the motion without a hearing, but the matter

must be scheduled for a hearing, with notice to all parties, in order to modify, rescind, or extend a

final protective order. If a motion to extend a protective order is file d during the term of an existing

order, the reviewing judge shall forward the request to the Central Assignment Office to schedule a

hearing before the expiration of the existing final order, if possible, and in any event, no later than 30

days from the date of the request for extension. In the event the hearing date is beyond the expiration

date on the existing final order, the reviewing judge shall enter an order to extend the expiration date

on the existing order to the date the hearing is set on the request for extension. The extended order

shall be served upon the respondent by law enforcement.

Domestic Violence Appeals

An appeal from a final protective order entered in District Court is filed in the District Court and then

transferred to the Clerk of the Circuit Court. The Central Assignment Office will schedule a de novo

hearing on a domestic violence appeal within 10 business days from the date the appeal is docketed

in the Clerk’s Office. Notice of the hearing will be sent to all parties by the Central Assignment Office.

Christmas Holiday Visitation Disputes

Any party who has a c ourt order already in place that sets forth custody/visitation arrangements

may seek th e assistance of a Family Division Judge to resolve any Christmas Holiday visitation

disputes. To obtain intervention of the Court, contac t the Family/Civil Case Manager by email

at dcm@baltimorecountymd.gov, or by f ax at 410- 296-2362. The following information should be

provided, in writing:

1. Name of the Case

2. Case Number

3. What the last order states with regard to visitation

4. Name and telephone number of attorney or party on the other side

5. What efforts (stating facts) have been made to reach an agreement with the other

side

6. The specifics of what is being requested as relief

7. The specifics of what the other side has offered, if anything.

The Family/Civil Case Manager will review the file to determine the appropriate handling to include

mediation or referral to a Family Law Judge. If mediation is unsuccessful, the case will then be

referred to a Family Law Judge for further handling. Once a judge is assigned a the party may contact

the Judge’s chambers on the next business day.

If a case has been filed along with a response but no custody order is in place, then the parties may

contact the Office of Mediation at 410- 887-6570 to schedule a mediation session on the issue of

holiday access.

Hearings on Exceptions

In accordance with Md. Rule 9-208(f), a party may file exceptions to a magistrate’s report and

recommendation within 10 days of the recommendations being placed on the record or served

pursuant to section (e) of Md. Rule 9-208. Counter exceptions must be filed within 10 days of service

of the exceptions. If exceptions are not filed within 10 days, the magistrate’s recommended order is

sent to the Chambers Judge for signature.

Notices for hearings on exceptions are issued by the Civil Assignment Office. The time requirements

prescribed in the scheduling order remain in effect, even though exceptions are pending. Exceptions

are decided on the evidence presented to the magistrate, unless the excepting party’s request sets

forth with particularity the reason additional evidence should be offered, and the Court determines

it should be considered.

Exceptions are assigned to a Family Division Judge for hearing, if requested, and for ruling if no

hearing was requested. After ruling on the e xceptions, the assigned j udge will either (1) enter the

order originally recommended by the magistrate; (2) enter an amended o rder, consistent with the

ruling on the exceptions; or (3) remand the matter to the magistrate for further proceedings,

consistent with the ruling on the exceptions.

If, at the time of the hearing before the magistrate, the magistrate determines that extraordinary

circumstances exist and the magistrate recommends that an order concerning relief be entered

immediately, the Court must afford the parties oral argument before an immediate order is entered.

The Court may accept, reject or mod ify the magistrate’s recommendations and issue an immediate

order. An order entered under this subsection remains subject to a later determination by the Court

on exceptions. (Md. Rule 9-208 (h)(2)). The parties/counsel shall schedule the oral argument through

the Central Assignment Office. If the question of extraordinary circumstances arises subsequent to

the magistrate’s hearing and exceptions have been filed, the parties/counsel may request an

emergency hearing on the exceptions with the Lead Family Ju dge. (See generally, Section IV.

Emergency Hearings and Md. Rule 9-208, effective October 1, 2000.)

Family Law Case Motions

UCCJEA Motions

Any motions dealing with jurisdictional issues under the Uniform Child Custody Jurisdiction and

Enforcement Act (UCCJEA) shall be forwarded to the Family/Civil Case Manager who will review the

file and contact the Court in the other jurisdiction to determi ne whether there is an active case

pending in that Court and to identify the judge handling that case. The Family/Civil Case Manager

will then assign the UCCJEA motion to one (1) of the two (2) judges assigned to handle UCCJEA

motions, providing the case and contact information from the other jurisdiction. The assigned judge

will then arrange a conference call/hearing with the judge in the other jurisdiction to resolve the

jurisdictional issue.

Motions for Family Division Services

Any motion dealing with a request for a Family Division service, such as a psychological evaluation,

child access evaluation, investigation or home study, shall also be forwarded to the Family/Civil Case

Manager. The Family/Civil Case Manager will discuss whether the service is necessary and

appropriate with the Family Support Services Coordinator and then make a recommendation to the

Lead Family Judge, who will rule on the motion.

Motions for Appointment of Child Counsel (Best Interest, Child Waiver, Child Advocate)

All motions for the appointment of child’s counsel in a family law case shall be referred by the Clerk’s

Office to a magistrate, who will review the request and make a recommendation. It will then be

forwarded to one (1) of the two (2) designated judges for ruling. If the designated j udge grants the

motion, he/she will make an appointment from the c ourt-approved roster of c hild’s counsel

attorneys (the r oster is maintained by the Deputy Court Administrator) for each case, unless the

parties and their attorneys agree to appointment of an attorney who is not on the Court’s roster.

Periodically, the Court may assume the costs of child counsel on a limited basis when either one or

both parties are indigent. Under those circumstances, the Court may pay a set hourly fee (currently

set at $100), up to a cap of $1,500, for the fees and/or expenses of a best interest attorney who is

appointed to represent a child or children in custody cases. Additiona lly, for a c hildren’s privilege

attorney appointed in accordance with Nagle v. Hooks, 296 Md. 123 (1983), the Court may pay $100/

hour or up to a cap of $500 for the fees and/or expenses. In order to qualify for payment by the Court,

one or both parties must be either representing themselves (pro se) or represented by a pro bono or

a reduced fee attorney.

All Other Family Law Motions

All administrative motions, such as motions to change venue, to stay a case, for Md. Rule 2-507

dismissal, to strike an attorney’s appearance, or to shield all or any part of a file, shall be forwarded

to the County Administrative Judge for ruling.

All other motions, including discovery and dispositive motions, will be forwarded to a magistrate to

review and prepare a recommended ruling. The motion and recommended ruling is then assigned

to a Family Division Judge for ruling. If the Family Law Judge believes a hearing is necessary, it shall

be scheduled on that judge’s calendar. The motions are split between two (2) Family Division Judges

each month, on a week on /week off schedule.

Settlement Conferences

A Settlement Conference is set on all contested divorce, custody and visitation matters, including

those before the Court on a request for modification. The date of the c onference will be set at the

Scheduling Conference or when the initial Scheduling Order is issued. All Settlement Conferences are

routinely held before a recalled judge. The Settlement Judge will place on the record any settlement

agreement reached between the parties. Unless requested in writing and approved in advance of the

Settlement Conference, parties and counsel must appear in person.

Required Documentation

Marital property. In advance of any Settlement Conference, counsel and unrepresented parties are

required to prepare and exchange initial drafts of a Md. Rule 9-207 Joint Statement of Marital and

Non-Marital Property in all cases with contested issues involving marital property. Although a

finalized joint statement is not required at the Settlement Conference, the initial drafts must be

provided to the settlement judge for use in the Settlement Conference.

Child support. Also in advance of any Settlement Conference, counsel and unrepresented parties are

required to prepare and exchange proposed child support guidelines in all cases with contested child

support issues. The draft guidelines must be provided to the settlement judge for use in t he

Settlement Conference.

Postponement or Cancellation of a Settlement Conference

Any request to postpone or re-schedule a Settlement Conference must be made in writing in

accordance with the Family Division Postponement Policy. Requests made within ten days of the

scheduled conference are strongly discouraged. If a case settles in advance of the Settlement

Conference, parties or their counsel must notify the Settlement Office at 410-887-2920 so the matter

is removed from the settlement schedule.

Procedure for Scheduling Merits Hearing

Upon arrival in Settlement Court, parties and counsel will set a tentative agreed date for a Merits

Hearing before meeting with a settlement judge except in complex domestic cases, which will already

have a trial date. If the case is not resolved in Settlement Court, that trial date will be finalized, and

can only be postponed by the Lead Family Judge prior to the day of trial or by the t rial judge on the

day of trial. Any follow up Settlement Conference must be set prior to that date.

Family Assignment and Scheduling

The County Administrative Judge shall designate judges of this bench to handle the responsibility for

various matters required for the efficient management of this Plan, including the designation of a

Lead Family Judge with division judges. The County Administrative Judge shall also designate which

magistrates and judges shall have the primary responsibility for the handling of the Scheduling

Conferences, Status Conferences and the Settlement Conference Docket. All judges and magistrates

are responsible to comply with and implement in their rulings the provisions of this Plan.

If a judge has been assigned and held a substantive hearing (i.e., pendente lite hearing or a trial on the

merits), then the case will be referred back to that judge for hearings on modifications and contempt

petitions, even if the judge is no longer sitting in the Family Division. A judge may refer a routine

modification or contempt of child support to a magistrate for hearing, after coordination with the

Assignment Office.

Special Assignment

The special assignment of all family matters is the responsibility of the Lead Family Judge. At the

request of any party or if the magistrate or judge determines it is appropriate that a case be specially

assigned for the purposes of litigation management and trial, such request or recommendation shall

be forwarded to the Family/Civil Case Manager for review by the Lead Family Judge.

When appropriate, a case may be specially assigned to a Circuit Court Judge by the Lead Family Judge.

Individual judges are responsible for the effective management of cases specially assigned to them.

However, the scheduling of specially assigned cases must always be coordinated with the Central

Assignment Office in order to ensure judicial availability. Specially assigned cases should be managed

to the extent possible consistent with the provisions of this plan, including adherence to the case time

standards.

Special Assignment does not guarantee priority status on the Court’s docket. If the case is specially

assigned, subsequent case management decisions and the selection of a trial date will be made by the

specially assigned judge consistent with the case time standards and in accordance with the basic

plan procedures outlined herein. The scheduling or re-scheduling of all specially assigned cases must

be cleared with the Central Assignment Office in advance in order to ensure judicial availability.

Postponements

It is the policy of this Court to resolve family law disputes without unnecessary delay or undue waste

of the time and other resources of the Court, the litigants, and other case participants. Although it

may be necessary or appropriate to postpone a hearing or court event, such requests should be based

upon a showing of good cause, and should be done well in advance of any scheduled c ourt deadline

or event. Requests for postponement are particularly disfavored on the day of a hearing or trial. The

Court also views with disfavor any request for postp onement or for modification of a scheduling

order that delays the resolution of the matter beyond twelve months from the date of filing, which is

the case time standard that applies to domestic proceedings other than complaints for limited

divorce.

Postponement of Show Cause, Motions Hearings or Mediation

The date of a show cause hearing, motions hearing, or a mediation may be reset by conference call

between the parties and the Court. If the party requesting the change is unable to arrange a

conference call with all necessary parties or counsel, or obtain agreement on a new proposed date,

the request must then be made in writing and directed to the Civil Assignment Clerk to process. All

such requests must be made no later than 15 days prior to the scheduled event. Conference calls to

re-schedule a show cause or motions hearings shall be directed to Civil Assignment at 410-887-2660;

and for mediation shall be directed to the Office of Family Mediation at 410-887-6570.

Modification of Scheduling Order and Postponement of a Settlement Conference or Final

Merits Hearing

All other requests for modification of a S cheduling Order or for postponement of a Settlement

Conference, Merits Hearing or trial shall be in writing. All requests must set forth the basis for the

modification or postponement, the position of other parties or their counsel, and provide suggested

new scheduling dates.

Good Cause Requirement

The following shall generally be considered good cause for postponement:

 Trial date conflict. The first case set takes precedence;

 Serious illness of, or death in the family of a party, counsel, or necessary witness;

 Vacation(s) scheduled prior to any assigned trial or hearing date. For vacations, requests for

postponement must be made within ten (10) calendar days of notification of the scheduled

event;

 Counsel is in trial in another matter that carries over to cause a conflict with the Baltimore

County date;

 A party did not receive notice of the hearing or trial, through no fault of the part y or his/her

counsel.

 Facts or circumstances arising or becoming apparent too late in the proceedings to be

corrected in advance of the hearing, and which, in the view of the Court, would likely cause

undue hardship or a possible miscarriage of justice if the hearing or trial proceeded as

scheduled.

The following are generally NOT considered good cause for postponement:

 Vacations(s) scheduled after establishing a trial or motion date;

 Consent of counsel without compelling reason or a substantive basis;

 The matter has not previously been postponed (no peremptory postponements);

 Any matter known or which should have been known when the trial date became firm;

 New counsel has entered an appearance or a party wishes to change counsel;

 Discovery is incomplete or was just provided;

 A party wishes to conduct further investigation;

 A party or counsel is unprepared to try to case for reasons including, but not limited to, the

party’s failure to cooperate with or maintain necessary contact with counsel.

Rulings on Requests to Modify Scheduling Orders or to Postpone

Advance requests to postpone hearings scheduled before a magistrate will be referred to a magistrate

designated by the County Administrative Judge for ruling. Any party or attorney seeking review of

the decision by the d esignated magistrate may request reconsideration in writing, which will be

referred to the Lead Family Judge, and if that judge is not available, the matter will be referred to the

Administrative Judge for final review.

Requests to postpone hearings before a magistrate that are made on the day of trial are referred to

the Lead Family Judge for ruling. Parties and/or counsel should report to the assigned c ourtroom

and advise the magistrate of the postponement request. The magistrate will then notify the Lead

Family Judge and refer the parties and counsel to the appropriate c ourtroom for a hearin g on the

postponement request.

Requests for postponement or modification of scheduled dates in cases that are specially assigned

shall be referred to the assigned judge. New dates will be set on the assigned judge’s calendar and

confirmed with the Assignment Office, regardless of whether the re-set date is during a period when

the assigned judge is in a Family Division rotation.

Requests filed within 15 days of a hearing or trial are processed through the Central Assignment

office. All other requests are processed through the Civil Assignment office.

Requests for postponement made on the date of a hearing or trial shall be heard on the record before

the assigned judge. Postponements on the date of trial are strongly disfavored, and should only be

granted upon a compelling showing of good cause or other special circumstance. If a case is

postponed, parties and counsel shall be directed to the Civil Assignment Office to select an agreed re-set date.

Requests to Strike Appearance of Counsel

Absent a showing of some compelling circumstance, a motion to s trike appearance of counsel will

not be granted within a 14-day period before an assigned Settlement Conference or hearing date

unless accompanied by the entry of a ppearance of another attorney. Similarly, a m otion to s trike

appearance of counsel will ordinarily not be granted during a period when counsel is responsible to

submit a draft order to the Court based upon a prior hearing or ruling. Counsel are reminded that,

pursuant to Md. Rule 2-132(b) the Court “may deny the motion if withdrawal of the appearance

would cause unduly delay, prejudice or injustice.”

Interpreters

If there is a need for an interpreter for a party or witness in a f amily law case, the party or his/her

attorney shall promptly notify the Court by using the Request for Spoken Language Interpreter Form

found on the Maryland Judiciary website here:

http://www.Courts.state.md.us/Courtforms/joint/ccdc041.pdf or, if a sign language interpreter

is needed, the Request for Accommodation for Person with Disability f orm found

here: http://www.Courts.state.md.us/Courtforms/joint/ccdc049.pdf. Requests should be

made no less than 10 days prior to a scheduled c ourt event, absent extraordinary circumstances. A

delay in notifying the Court of the need for an interpreter may result in the inability to handle a case

on the scheduled date. Requests for interpreters must be specific as to the language and, if

appropriate, the particular dialect or signing system that may be needed. The request must also

specify for whom the interpreter is needed. You can see what court events are covered by this policy

here: http://www.Courts.state.md.us/Courts/pdfs/interpretersforctrelatedevents.pdf

The Request for Spoken Language Interpreter form shall be filed with the Clerk’s Office. The Clerk’s

Office shall forward the Request for Spoken Language Interpreter form to the Spanish Interpreter

Coordinator in the Clerk’s Office (any requests for Interpreters that are filed in motion form shall also

be directly forwarded to the Interpreter Coordinator immediately when filed). The Spanish

Interpreter Coordinator will enter the interpreter as an involved party to the case in the computer

system and then coordinate with the Court Administrator’s Office to ensure a certified c ourt

interpreter will be scheduled for all c ourt events. A party, or his/her attorney, must indicate the

length of the scheduled court event. Unless the Court is advised of a case’s specific duration, the Court

will only hire interpreters for a single morning or afternoon session.

Once an interpreter has been appointed in a case, there is no need for the party or his/her attorney

to submit a new request for each court event. Clerk’s Office staff and Court staff who vacate, postpone

or reschedule a court event in a case where an interpreter has been appointed are required to inform

the Court Administrator’s Office that the event was vacated, postponed or rescheduled by sending an

e-mail to CourtInterpreter@baltimorecountymd.gov.

The party requesting an interpreter shall remain responsible for confirming that an interpreter has

been ordered and shall notify the Court immediately if the need for the interpreter changes. If it

becomes necessary to cancel an i nterpreter for a court scheduled event, then the party or his/her

attorney should complete a Cancellation of Court Interpreter Form found here:

http://resources.baltimorecountymd.gov/Documents/Circuit/cancelinterpreterform.pdf and either

mail it to th e Court Administrator’s Office, County Courts Building, Room 421, 401 Bosley Avenue,

Towson, MD 21204, or send it to the Court Administrator’s e-mail address here:

CourtInterpreter@baltimorecountymd.gov. If a request for interpreter is not cancelled at least

48 hours in advance of the trial or hearing, the Court will be billed for the interpreter’s services. If the

Court is billed for an interpreter needlessly as a result of counsel’s failure to advise the Court that the

interpreter will not be needed, or because counsel or a litigant does not appear in c ourt in a timely

manner, the Court may assess the in terpreter costs against the party or counsel causing the

unnecessary expense.

Baltimore County has the benefit of a Spanish-speaking Interpreter Coordinator who is employed by

the Clerk’s Office. The interpreter, or a supplemental Spanish-speaking back-up interpreter, is

available on a daily basis when court is in session. The interpreter’s regular presence in the

Courthouse allows some Spanish-speaking matt ers to go forward without delay. The fact that a

Spanish-speaking interpreter may be available does not obviate attorneys and parties of the

requirement to make a timely request for an interpreter’s presence in court by filling out and

submitting the Request for Spoken Language Interpreter Form.

Forms

The following forms may be required to be attached to a complaint in family cases, or to complete a

filing and/or service.

CC-DCM 002 Domestic Case Information Report

CC-DR-55 Affidavit of Service (Private Process)

CC-DR-56 Affidavit of Service (Certified Mail)

CC-DC-089 Request for Waiver of Prepaid Costs

CC-DC-090 Request for Final Waiver of Open Costs

The following forms are used to request an interpreter for a Court scheduled event.

CC-DC-041 Request for Spoken Language Interpreter

CC-DC-049 Request for Accommodation for Person with Disability