Baltimore Cnty. Cir. Ct. Family DCM Plan (introduction)

Family Differentiated Case Management (DCM)

Plan

This Family1 DCM Plan is established in accordance with Md. Rule 16-302(b) which requires the County

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

implement and monitor a case management plan for the prompt and efficient scheduling and disposition

of actions in the Circuit Court.

Statement of Purpose

From the commencement of litigation to its resolution, whether by trial or settlement, any elapsed

time other than reasonably required for pleadings, discovery, and c ourt events, is unacceptable and

should be el iminated. To enable just and efficient resolution of cases, the Court, not the lawyers or

litigants, should control the pace of litigation. A strong judicial commitment is essential to reducing

delay, and, once achieved, maintaining a current docket. (Standard 250, ABA Standards Relating to

Court Delay Reduction)

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

1. equal treatment of all litigants by the Court;

2. timely disposition consistent with the circumstances of the individual case;

3. enhancement of the quality of the litigation process; and

4. public confidence in the Court as an institution.

Consistent with the case time standards adopted by the Judicial Council, Constitutional requirements

and appl icable MD Rules, it is the goal of this Plan to ensure that 98% of family cases, with the

exception of limited divorce cases, be concluded within 12 months (365 days) of the filing date, and

that 98% of limited divorce cases be concluded within 24 months (730 days) of the filing date. A

concluded disposition is considered by judgment or dismissal. In order to achieve these goals, the

Circuit Court is committed to resolving different categories of family cases, referred to as case

subtypes, within a regular and predictable time frame warranted by the needs of those cases. For

simpler cases, the warranted time frame may be shorter than 12 months.

1 Family cases have historically been called Civil Domestic cases.

The DCM plan for family case types does not include general civil (i.e. non-domestic relations case

types).2 The Circuit Court has exclusive jurisdiction over family cases.

Case Management

The policies and procedures outlined in this P lan shall be implemented by the Lead Family Judge, the

back-up judge, and their respective staffs. The Lead Family Judge reports to the County Administrative

Judge. The County Administrative Judge supervises all aspects of family case management and is

ultimately responsible for the implementation and monitoring of this Family Case Management Plan

pursuant to MD Rule 16-302(b). The County Administrative Judge designates certain judges to hear the

various family matters and makes final decisions about whether and to whom a case should be assigned,

when necessary.

All judges and magistrates are responsible to comply with and i mplement in their rulings the provisions

of this Plan. Individual judges are responsible for the effective management of cases assigned to them;

however, the scheduling of assigned cases must always be coordinated with the Assignment Office.

Assigned cases should be managed to the extent possible consistent with the provisions of this P lan,

including adherence to the case time standards.

Family Division Services

Family Division Services include programs that are designed to facilitate conflict resolution and

improve outcomes in family cases. Some family services and programs are mandatory and will be

ordered by the Court during the case. Other services and programs are discretionary by referral of

the Court during a case, or they may be requested by either or both parties. Descriptions of family

services and programs are provided after the basic case management tracks are described below.

Case Processing – All Family Case Types

The following processes apply for family cases.

File a Case

The following steps are required to file a family case:

2 See Civil DCM template for all general civil case types.

(a) File a complaint with the Court (Md. Rule 2-111) at the Circuit Court Clerk’s office. Most

family cases are required to attach a completed Domestic Case Information R eport (CC-DCM-

001) with the complaint. Family case subtypes exempt from filing the Domestic Case

Information Report include the following:

 contempt for failure to pay child support, when filed by a government agency;

 domestic violence relief under Code, Family Law Article, §§ 4-501 through 4- 516,

including Rule 3-326(c) transfer;

 guardianship, other than action to terminate parental rights (Rules 10-201 through

10-305); and

 paternity, when filed by government agency (Code, Family Law Article, §§ 5-1001

through 5-1048.)

(b) Pay filing fee. Refer to the Summary of Charges, Costs, and Fees of the Clerks of the Circuit

Court for fees. The filing fee for new family cases is currently $165.00. The fee for petitions

for modification and for contempt petitions is currently $31.00. Filing fees may be waived by

the Court, based on the following conditions:

 filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089); and/or

 representation by a legal aid lawyer or MVLS appointed attorney; and/or

 other determination by the Court.

If the Court does not grant the request to waive prepaid costs, the plaintiff has 10 days to pay

the filing and other required fees (prepaid costs).

At the conclusion of the case, the judge will decide who should pay the court cost s, including

fees, even if the waiver of prepaid costs was granted. If a party cannot afford to pay the final

court costs assessed against them, he/she will need to complete the Request for Final Waiver

of Open Costs form (CC-DC-090), provide a copy of the request to the opposing party or that

person’s lawyer, file the request with the Clerk’s Office and submit the request in open court

on the day of the hearing.

(c) Notify the other party (Defendant). The plaintiff is required to attempt to notify the

defendant that a complaint (lawsuit) has been filed against the defendant. The clerk will issue

a summons to officially notify the defend ant that a suit has been filed (See Md. Rule 2-112).

The summons has to be serve d on the defendant within 60days. After the time limit has

expired, the summons is no longer valid, unless renewed by motion of the plaintiff. The

original complaint and summons are the documents that must be delivered to the defendant.

There are three legal ways to deliver these documents to the defendant: 1) certified m ail, 2)

private process; and 3) sheriff.

(d) Proof of Service. The Court requires that the individual who made service (cannot be a party

to the action, but any competent person 18 years of age or older) fill out and sign an Affidavit

of Service (Private Process) (CC-DR-55) form when service is made by a private process, or

an Affidavit of Service (Certified Mail) (CC-DR-56) with an attached original return receipt

when service is made by certified mail, to prove that the other side has been notified, or

served. These forms, together with a copy of the writ of summons, need to be filed with the

Clerk’s Office. If the Court does not receive proof of service within the time allotted for the

defendant to file an answer, the plaintiff may not be able to present their case on the trial

date.

Lack of Jurisdiction. Between the filing of the complaint and service, if the defendant has not

been served after 120 days, the filing is subject to dismissal without prejudice and the Clerk’s

Office will send notice that an order of dismissal will be entered after 30 days unless a motion

to vacate or defer the order of dismissal is filed. After the 30-day expiration, the Clerk’s Office

reviews and dismisses the case if no motion to defer is filed. A motion docket entry is made

that the case is dismissed without prejudice for lack of jurisdiction or prosecution.

Answer

The defendant must file an A nswer, typically within 30 days after he/she has received a summons,

for most Circuit Court civil case subtypes (Md. Rule 2-321.)3 See exceptions in (a) above. These cases

are considered by the Court to be at issue, and the case shall proceed ( Md. Rule 2-323.) In addition,

if the defendant seeks to modify any information on the original case information report, or expects

to file a counterclaim, they are required to file with the a nswer a defendant’s Domestic Case

Information Report.

Lack of Prosecution – Status Conferences and Md. Rule 2-507 (c) Dismissals

3 Exceptions include defendants who live outside the State of Maryland, resident agents, officers or agencies

of the U.S. government, among others. See MD Rule 2-321.

Following service, the Court actively dismisses cases for lack of prosecution under Md. Rule 2-507

(c). Following service, if an Answer has not been filed, nor an order for default granted, the Court may

schedule a status c onference with all parties before a magistrate to determine the reason why the

plaintiff is not prosecuting the case and/or to determine why the d efendant has not filed an answer.

Failure of the plaintiff to appear at the status c onference may result in the case being dismissed

without prejudice (i.e., the plaintiff will be able to refile the complaint, but will incur new filing fees

and will have to serve the defendant again.)

Following the status c onference, if an Answer has still not been filed or, following the Answer, no

other action has been taken on the case after one year, the Clerk’s Office sends notices to the parties

that they have 30 days to file a motion to vacate or defer the order of dismissal, or the case will be

dismissed without prejudice. After the 30-day expiration, the Clerk’s O ffice reviews and dismisses

the case if no motion to defer is filed. A motion docket entry is made that the case is dismissed

without prejudice for lack of jurisdiction or prosecution.

Settlement of the Case – Divorce (Dismissals/Consent Orders)

If the case is settled and a consent order is filed with the Court, an uncontested divorce hearing will

be set before a magistrate. Counsel shall notify the Civil Assignment Office of all settlements that

occur before or after the pendente lite stage. The consent order must be signed by all attorneys or

all parties for the Pendente Lite hearing to be removed from the daily docket. Counsel shall also

notify the Civil Assignment Office of all settlements of final merits hearings that occur at least 10

days prior to the settlement conference date. If settlement occurs between the settlement

conference and the date of trial, the Central Assignment Office should be notified.

Final Order/Judgment

The final order/judgment is entered by the clerk following a trial. The date of the judgment is the

date the clerk enters the judgment in the electronic case management system docket ( Md. Rule 2-

601.) Types of judgments include judgment and consent order.

Post-Judgment

The parties have 10 days to file a motion to alter or amend a judgment (Md. Rule 2-534) and 30 days

to file an appeal. On appeal, a Circuit Court case will be reviewed in the Court of Special Appeals.

Enforcement

After the Court issues a judgment and it is entered into the record by the Clerk’s O ffice, both parties

will receive a copy of the judgment by mail. The Court will not collect the money owed to the

prevailing party. To begin an enforcement action, the prevailing party will have to complete and file

the appropriate pleading with the Court, pay th e required filing fees and appear in Court for

additional hearings. The prevailing party usually must wait 10 days before he/she can take further

legal action to enforce the judgment. Once the waiting period passes, there are three different ways

a creditor can collect on the judgment:

1. garnishing the other person’s wages;

2. garnishing the other person’s bank account; or

3. seizing the other person’s personal property or real estate.

The prevailing party must file pleadings with the Court and provide the other party with copies of all

motions or correspondence filed with the Court in order to garnish or seize money or property. If

the other person does not have a job, a bank account, real estate or other significant property, it may

be difficult to collect on the judgment.

Diagram 1.1 Family Case Processing

Family Tracks

A family case may follow three (3) potential tracks to resolution. Most t racks are defined at the

scheduling conference, based on the case subtype. Tracks define expected case processing events, the

timing of events, assignment, and the expectations for case duration. The case flow time standard for

Circuit Court family cases, with the exception of limited divorce cases, is 12 months (365 days) for

98% of cases and 24 months (730 days) for 98% of limited divorce cases, but expected case duration

is based on needed time to reach resolution, which may be less than the time standard.

Table 1.1 – Family Tracks Case Types and Outcomes

Track Case Subtypes

Expected Case Duration and

Notes

Track 1

Family Expedited

1. Uncontested Divorce

2. Uncontested or Minor Child Support Issues

3. Uncontested or Minor Child Access Issues

4. Annulment

5. Defaults

6. Name Change

7. Modification of Child Support and/or Simple Visitation Issues

8. Contempt Petitions

9. IV-D Child Support Establishment & Contempt Petitions

10. Adoption

11. Guardianship

12. Special Immigrant Status

Answer + 120-150 days

= 150-180 days

Track 2

Family Standard

1. Contested Divorce, with or without custody and child support

2. Contested Child Support

3. Contested Child Access

4. Contested Adoption

5. Modification of Custody, Alimony or Settlement Agreements

6. Paternity

Answer + 240 days = 270

days

Track 3

Family Complex

1. A contested case with extensive property holdings,

complicated business valuations, significant assets

held in various forms, contested pensions and claims

for significant alimony.

2. A contested case with high conflict child access issues

and where it has been determined by a Family

Support Services Social Worker that a Child Access

Evaluation is necessary.

270-330 days

3-5% of caseload; specially

assigned and custom

managed

Track Designations Set at Scheduling Conference

After receipt by the Court of the first Answer, and if the case is contested, a Family DCM Coordinator

will review and schedule the case for a scheduling conference before a magistrate. At the scheduling

conference, the magistrate will review and assign the case to one of three (3) tracks, based on the

needs of the case.

If an attorney or party disagrees with the designated track assignment, the attorney or party may

submit to the DCM office a request in writing to change the track, stating the reason(s) why a different

track assignment is needed. All requests to change the track designation must be made within 15

days of the scheduling conference. The Family Case Manager will then notify all attorneys or

unrepresented parties in the case to see if they concur with the request to change the track

assignment. If the attorneys/parties cannot come to an agreement on a track assignment, the Lead

Family Judge will decide on a particular track based on track assignment guidelines. The DCM Office

will assign all family cases under the DCM plan to one of the three tracks.

Table 1.2 illustrates the events and times required for family case processing tracks.

Table 1.2 – Family DCM Track Guidelines

Track

Family

Tracks Filing

Answer

Filed

Scheduling

Conference Mediation

Pendente

lite

Hearing

Discovery/

Motions

Deadline

Settlement

Conference

Exhibits

List

Merits

Hearing

Track

1 Expedited

Days 30 Days 60 Days 120 Days - 120 Days

120-150

Days -

150-180

Days

Track

2 Standard

Days 30 Days 60 Days 120 Days 150 Days 180 Days 210 Days 210 Days 270 Days

Track

3 Complex

Days 30 Days 60 Days

120-180

Days

120-210

Days

180-240

Days

210-270

Days

240-300

Days

270-330

Days

Track 1 – Family Expedited Cases

Uncontested Divorce Hearings

After the answer has been filed, and both parties agree that the case is uncontested, the Civil

Assignment Office will automatically set the case for an uncontested hearing with a magistrate.

All uncontested divorce hearing s are automatically scheduled by the Civil Assignment Office

approximately 30-45 days after an answer has been filed or approximately 45-60 days after a default

order has been issued. A s pecial request for h earing does not need to be filed with the Court, and

litigants or attorneys do not need to make a telephone call to obtain a hearing date from the Civil

Assignment Office. This program also is consistent with Md. Rule 16-302 (c) (4) which requires the

“prompt disposition of uncontested matters ," and at the same time assists pro se litigants and

attorneys unfamiliar with the processes in Baltimore County in gaining quicker access to routine

court proceedings. If a party or attorney has a conflict on the date of the scheduled hearing, they may

submit a request in writing, with a copy sent to the opposing side, to the Civil Assignment Office to

reset the date. If the matter become s contested, the DCM Office should be contacted so that the

hearing date is vacated and a scheduling conference can then be scheduled.

Uncontested Child Custody/Support Hearings

All domestic cases in which parties consent to grant custody of a minor child, or consent to vacating

or modifying a child support order, shall be set in for a hearing before a magistrate. The following

are the policies and procedures for handling these cases:

1. When a complaint with consent and accompanying affidavits is filed with the Clerk’s Office,

the domestic clerk shall forward the complaint with affidavits to the Civil Assignment Of fice

for review and scheduling, rather than sending the complaint and affidavits to the Chambers

Judge. If a Chambers Judge happens to receive the consent complaint for custody, the Judge

should also forward the complaint to the Civil Assignment Office.

2. If all parties to the case consent and have filed affidavits, the Civil Assignment Office will

schedule a hearing before the designated magistrate(s) on the first available docket (the cases

should be scheduled at least two (2) weeks in advance to allow for notice.) If a party with

custody rights has not filed an affidavit (for example, an aunt files a complaint for custody of

a child and the m other consents with an affidavit, but there is no affidavit from the father,)

then the p laintiff will need to eith er obtain an affidavit of consent from that party or the

plaintiff will be required to obtain service of that party. The Civil Assignment Office will then

treat the case as a standard case, not a consent case. Likewise, in a child support case where

DSS is a party to the case, but there is no affidavit of consent from DSS filed, then the moving

party would need to obtain service on DSS and the case should not be treated as a consent

case.

3. The designated magistrate will conduct a hearing, take testimony an d make the appropriate

report and recommendation in each consent case scheduled on his/her docket.

Contested Expedited Cases

The following is the criteria and scheduling procedures for contested expedited cases:

Criteria: A contested case with minor proper ty and/or child access issues. Simple contested

modifications of child support and visitation shall also be scheduled using this track and shall be

scheduled before a magistrate. The anticipated length of the hearing should be ½ day or less.

Scheduling: If child support is the only issue, then the case shall be set for a final hearing before a

magistrate no more than 90 days from the date of the Scheduling Conference, otherwise the case shall

be set for a Settlement Conference no more than 90 days after 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 1.3 – Family Track 1 – Contested Expedited Case Processing

Petitions for Contempt

Pursuant to Md. Rule 15-206(c)(2), the Court refers all, non-IV-D child support petitions for contempt

of visitation or financial issues to a Pre-Hearing Contempt Conference. These conferences, which are

held 30 to 45 days after the filing of the contempt proceeding, are designed to facilitate a settlement

before a staff mediator. If the petition and show cause order is not served, the Pre-Hearing

Conference is not held. If all issues are not settled or if the mediator rescinds the mediation, the Civil

Assignment Office will schedule the case for a C ontempt Hearing before a magistrate approximately

20 to 30 days after the conference. With respect to all other contempt cases not scheduled for a Pre -

Hearing Conference, the Civil Assignment Office will assign these cases a hearing date approximately

45 days (but no earlier than 30 days) from the date the petition is filed. This hearing date is then

entered on the show cause order. The petition and show cause order will t hen be presented to the

chambers judge for his/her signature. The show cause order, together with a copy of any petition and

other document filed in support of the allegations of contempt, shall be served on the party pursuant

to Md. Rule 15-206(d).

When a hearing is held on a civil contempt issue and the magistrate concludes that there are

reasonable grounds to believe that the party is in contempt and that incarceration may be an

appropriate sanction (pursuant to Md. Rule 9-208 (d)), the magistrate does not make a r eport and

recommendation in the case. Instead, a summons is issued at the time of the magistrate’s hearing

and a subsequent hearing is held before a Family Division Judge approximately 30 days (but not

earlier than 20 days) from that dat e. At the time of the magistrate's hearing, the defendant is

provided notice pursuant to Md. Rule 15-206 (c)(2) and informed that he or she may hire private

counsel or must contact the Public Defender's Office for services at least 10 business days prior to

the date of the new hearing before a Family Division Judge. All issues before the Family Division Judge

are held de novo since no exceptions are actually filed in the case. (See Md. Rule 9-208 (h)(3))

IV-D Child Support Establishment & Contempt Petitions

All cases to establish or enforce child support through the Baltimore County Office of Child Support

Enforcement (“Child Support Office”) are considered IV-D child support cases. An IV-D child support

case is any case in which the Child Support Office provides child support services as directed by the

State of Maryland and authorized by Title IV-D of the Social Security Act. An IV-D child support case

is comprised of:

• a dependent child or children;

• a custodial party who may be a parent, caretaker relative or other custodian, including an

entity such as a foster care agency; and

• a non-custodial parent or parents, a mother, a father, or a putative father whose paternity

has not been legally established.

IV-D Establishment Petitions

Upon the filing of a Child Support Application Form by a c ustodial parent, the Child Support Office

will file a petition to establish child support with the Clerk’s Office. After the petition is filed, the Child

Support Office will schedule a Pretrial Hearing approximately 30 days from th e date of filing the

petition, and a Child Support Establishment Hearing in the Courthouse, approximately 60 days out.

The non-custodial parent is served an administrative subpoena with notice of both hearing dates. If,

at the time of the Pretrial Hearing all parties come to an agreement, a consent order is prepared by

the Child Support Office and submitted to the Court for judicial approval and signature and the child

support establishment hearing is vacated. If the non-custodial parent contests paternity at the ti me

of the Pretrial Hearing, the Child Support Office schedules the case on the paternity docket in the

Courthouse for a genetic test to be performed and the child support establishment hearing is

rescheduled for a date after the genetic testing results are returned.

IV-D Contempt Petitions

All petitions for contempt filed by the Child Support Office are scheduled before the IV-D magistrate’s

docket approximately 30 days after the p etition for contempt and show cause order have been filed

and served upon the non- custodial parent. At the conclusion of the hearing before the magistrate,

the magistrate may: