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

Juvenile Differentiated Case Management (DCM) Plan

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

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

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

and disposition of action in the Circuit Court.

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

community safety, Baltimore County Circuit Court's Juvenile Division seeks to handle each juvenile

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

Maryland Rules and administrative case time standards.

Statement of Purpose

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

events and c ourt 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 a written policy, approved by the County

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

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

that impact children and famil ies 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, i t

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

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

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

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

 public confidence in the court as an institution.

Case Management

The policies and procedures outlined in this Plan shall be implemented by the Lead Juvenile Judge,

as designated by the County Administrative Judge, and the other assigned juvenile judge s,

magistrates and their respective staffs. The Lead Juvenile Judge reports to the County Administrative

Judge, supervises all aspects of case management, and is ultimately responsible for the

implementation and monitoring of the DCM Plan, pursuant to Md. Rule 16-302(b).

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

the provisions of this p lan. Although individual juvenile judges and magistrates are responsible for

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

coordinated with the Juvenile Clerk’s Office and with the Assignment Office if not scheduled on a pre-set juvenile docket. Assigned cas es should be managed to the extent possible consistent with the

provisions of this Plan, including adherence to the case time standards.

Juvenile Tracks

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

delinquency and child welfare categories. Tracks are defined at filing, based on the case subtype.

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

for case duration.

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

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

are met whenever possible. The case time standard is based upon the initial adjudication and

disposition events, as described below, even though the case remains open beyond that event for

post-disposition hearings.

 Juvenile delinquency cases – 98% should be concluded within 90 days of the date of

arraignment or entry of appearance of counsel, whichever is first. A delinquency case is

concluded at the time of the disposition hearing.

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

juveniles that are in shelter and within 60 days for juveniles that are not in shelter. A CINA

case is concluded when a determination is made by a juvenile magistrate or judge that a child

is or is not a CINA, and a disposition is ordered.

 Termination of parental rights (TPR) cases – 100% should be concluded within 180 days. A

TPR case is concluded when a judgment is recorded in the TPR petition.

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

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

include the following:

 Adoption

 Child in need of supervision (CINS)

 Peace order (juvenile custody matters)

 Child support on juvenile custody orders

 Voluntary Placements

Table 1.1 – Juvenile Delinquency Tracks, Case Types and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 1

Standard

Delinquency cases without a detention petition 90 days to disposition hearing

Track 2

Complex

Delinquency cases with a detention petition 90 days to disposition hearing

Track 3

Miscellaneous

Delinquency

Peace orders

Custom

Table 1.2 – Child Welfare Tracks, Case Types and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 1

CINA Non-Shelter

Child in need of assistance (CINA) cases with no

shelter care or shelter care petition

60 days to adjudication and

disposition hearing

Track 2

CINA Shelter

Child in need of assistance (CINA) cases with

shelter care or shelter care petition

30 days to adjudication and

disposition hearing

Track 3

Voluntary

Placements

Voluntary Placements 180 days to disposition hearing

Track 4

Termination of

Parental Rights

Termination of parental rights cases 180 days to entry of judgment

Track Designations Set at Filing

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

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

but the track will remain the same. The same rules apply for a child that may be in shelter care on a

dependency case.

Juvenile Delinquency

Diagram 1.1 and Diagram 1.2 on the following pages illustrate the events and times required for

juvenile delinquency case processing.

Diagram 1.1 – Juvenile Delinquency Case Processing

Diagram 1.2 – Juvenile Delinquency Case Processing

Track 1 – Juvenile Delinquency Non-Detention

If a juvenile respondent is not initially detained and has been released to the custody of his/her parents,

guardian or custodian, an Arraignment Hearing is scheduled within up to 30 days of the filing of the

petition. Arraignment Hearings are scheduled on Wednesdays before the magistrate that is assigned the

delinquency docket. The Clerk’s Office dockets the delinquency petition and take steps for it to be issued

to the respondent and his/her parents. The Clerk’s Office shall issue a summons for the respondent and

parent, notifying the parent to produce the respondent at the scheduled A rraignment Hearing. Failure

to bring the respondent to court for the Arraignment Hearing could result in a writ being issued for the

respondent. At the Arraignment Hearing, the Court shall make a determination as to representation of

the respondent by counsel. The Office of the Public Defender (OPD) will provide a lawyer for the

respondent if his/her fami ly does not hire its own lawyer. An Adjudicat ory Hearing is then scheduled

before a magistrate.

Track 2 – Juvenile Delinquency Detention

In cases where 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 an Adjudicatory Hearing is held. The State’s

Attorney shall file a delinquency petition and a hearing must be held the next court day in order to

extend the detention or shelter care. These hearings are conducted each day by the magistrate assigned

for that court day. Reasonable notice, oral or written, shall be given 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 delinquency 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 c ourt must appoint coun sel 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 monit oring or global p ositioning monitoring. If the C ourt grants continued

detention/shelter care, there must be an Adjudicat ory 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 25 days until the

Disposition Hearing is held. The D isposition Hearing will occur if the respondent is fou nd to have

committed the alleged acts at the Adjudicatory Hearing.

Regardless if the respondent is detained, placed on community detention or has been released to the

custody of his/her parents, guardian or custodian at the Detention/ Shelter Care Hearing, the case

process continues as follows:

Within 30 days, the Court will hold a fact-finding hearing, called the adjudication, during which

the Court will hear the evidence in the case. The purpose of the heari ng is to determine if the

respondent committed the offense. The allegations that the respondent committed a delinquent

act, as set forth in the petition, must be proven beyond a reasonable doubt. If the respondent

admits to the offense, no witnesses are called. If the Court determines the respondent did not

commit the offense, the petition is dismissed and the case ends. If the C ourt determines the

respondent committed the offense, the Court will schedule a Disposition Hearing.

The Disposition Hearing is held to determine if the child requires guidance, treatment or

rehabilitation. The hearing may be held immediately following the a djudication if the parties

waive the five day notice requirement. Otherwise, the Disposition Hearing is scheduled no later

than 30 days after the A djudicatory Hearing. The respondent and his/her parents/guardians

are served with a notice of the hearing.

Track 1 – Non-Detention

The Disposition Hearing must be held within 30 days of the Adju dicatory Hearing if the

respondent is in the community without detention or community detention.

Track 2 - Detention

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

respondent continues to be detained or is on community detention. Th e Disposition

Hearing may be postponed upon a finding of good cause, pursuant to Courts and Judicial

Proceedings §3-8A-15(d)(6)(ii). If a respondent remains detained or on community

detention, a Detention Review Hearing must be conducted every 14 days thereafter until

the Disposition Hearing is held.

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 a disposition, such as:

a. probation;

b. commitment to the Department of Juvenile Services (DJS) for placement in a secured

facility or in the community, or to the Department of Health and Mental Hygiene

(DHMH), or to the Department of Social Services (DSS); 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. If the child is to be placed outside the home for an extended period of time,

(e.g. more than 60 days ), a Permanency Planning Hearing must be scheduled no later than 10 months

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

If a child is detained pending out of home placement or commencement of community based services, a

Review Hearing must be scheduled not less than every 25 days. Once the child is placed, review hearings

are to be scheduled at six month intervals and a Permanency Planning Hearing scheduled within 10

months of removal, pursuant to the 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.

Waiver Hearing

Pursuant to Md. Rule 11-113, if the State’s Attorney’s Office (SAO) files a petition requesting that the

Court waive its exclusive jurisdicti on over the respondent (or the C ourt considers a waiver on its own

motion) and transfer the charges to the adult criminal court, then the Court shall order a waiver

investigation and schedule a Waiver Hearing prior to adjudication (Courts and Judicial Proceedings §3-

8A-06.) If the waiver p etition is denied, then the case must be brought to adjudication within 30 days

(Courts and Judicial Proceedings §3-8A-15(d)(6) and Md. Rule 11-114(b)(1)). If the waiver request is

granted, the respondent is taken before a Court Commissioner that day for processing and bail review

on the adult charges.

Competency Hearing

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

be incompetent to proceed with a Waiver Hearing, an Adjudicatory Hearing, a Disposition Hearing, or a

Violation of Probation Hearing, the Court, on its own motion, or on a motion of the child's counsel or the

State's Attorney, shall stay all proceedings and order that the Department of Health and Mental Hygiene

(DHMH) or any other qualified expert conduct an evaluation of the child's competency to proceed. The

case shall be informally reviewed by the Lead Juvenile Judge once per month to determine the status of

the pending evaluations. If the Court determines th at 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 spec ified in this DCM Plan and in

the Maryland Rules (Courts and Judicial Proceedings §3-8A-17.5). If the Court determines that the child

is not competent but may attain competency in the foreseeable future, the Court may order competency

attainment services. The child may remain detained in an appropriate facility if necessary to protect the

child or others, or if the child is likely to leave the jurisdiction, and there is no less restrictive alternative.

Competency attainment services may be ordered for an initial period of not more than 90 days. Services

can be extended for a period up to six months if the child is accused of an act that would be a

misdemeanor if committed by an adult, and up to 18 months for an act that would be a felony if

committed by an adult.

If the Court determines the child is not competent and is unlikely to attain competency in the foreseeable

future, the Court must consider whether the child poses a danger to self or others. If so, and if the child

has a mental disorder or has a developmental disability, the Court may commit the child and/or make

appropriate referral to the Developmental Disability Administration. If not, the Court must dismiss the

petition.

Disposition Alternative

Juvenile Drug Treatment Court

The Baltimore County Juvenile Drug Treatment Court (JDTC) is a disposition option for a child in need

of substance abuse treatment who meets basic criteria. The screening criteria are intentionally broad in

an effort to consider a large population of juvenile offenders. The basic criteria for screening eligibility

are: