Charles Cnty. Cir. Ct. Juvenile DCM Plan 10

Filing

Juvenile delinquency petitions are filed by the State's Attorney's Office.

Scheduling

Juvenile delinquency petitions are scheduled for adjudication within 60 days of the date of service

of the petition upon the respondent by the Sheriff. If the respondent is detained at the preliminary

inquiry in a juvenile detention facility, or is on community detention (electronic monitoring/GPS),

the adjudication must be scheduled within 30 days of the date of detention.

Preliminary Inquiry

Preliminary inquiries are s cheduled within three weeks of the filing of the petition before the

family magistrate. The Office of the Public Defender provides a staff member at the courthouse

to facilitate an intake for services on days when preliminary inquiry hearings are schedule d. All

juveniles are eligible for representation by the Office of the Public Defender. The Office of the

Public Defender will enter an appearance in a respondent’s case, unless the appearance of private

counsel is entered.

The respondent's status pending the next hearing may be raised at the preliminary inquiry by the

State's Attorney's Office or the respondent’s attorney. If the family magistrate recommends that a

respondent be detained at a youth detention facility, the respondent is entitled to an im mediate

review before the juvenile judge. A request for immediate review must be made on the record,

before the family magistrate, at the conclusion of the hearing. An immediate review hearing will

be held by a juvenile judge, and will be held the same day, whenever possible.

Discovery Status

A discovery status will be scheduled within three weeks of the preliminary inquiry. The State's

Attorney's Office is required to provide discovery to, and request discovery from, the respondent

within five days after the preliminary inquiry hearing, pursuant to Maryland Rule 11- 109. The

respondent shall furnish any discovery requested within ten (10) days after a request is made.

During the discovery status, the court will inquire as to the status of discovery, whether or not the

respondent has representation, and whether the parties have discussed resolution of the case.

A plea of involvement may be taken at this hearing.

Adjudication

The adjudication hearing will be scheduled within 60 days of service of the petition on the

respondent, unless the respondent is detained at a youth detention facility or on community

detention, in which case the adjudication hearing will be sch eduled within 30 days of the date of

detention. At the adjudication hearing, the court will hear the evidence in the case and make a

finding as to whether the respondent was involved, or not involved, in the alleged offense(s).

A plea of involvement may be taken at this hearing.

Disposition

Disposition may take place immediately following adjudication. If a social history investigation

by the Department of Juvenile Services is required, the disposition must be held within 30 days of

adjudication, or within 14 days of adjudication, if the respondent is detained at a youth detention

facility or on community detention.

Dispositions imposed range from court-imposed tasks (such as apology letter, community service,

essay, etc.) to supervised probation, to an out-of-home placement. If a respondent is committed to

the Department of Juvenile Services for appropriate placemen t in an out-of-home placement and

is detained pending that placement, a review hearing must be held within 25 days of disposition,

and every 25 days (or sooner) thereafter until placed. If a respondent is in an out-of-home

placement for more than one year, a permanency plan review hearing must be held annually, with

reviews at 11 month intervals (or sooner) thereafter.

Postponements

For extraordinary cause shown, a judge may extend the time beyond the 60- day mandate within

which an adjudicatory hearing i s to be held. No other postponements beyond the statutorily

required timeframes are permitted.

Suggestion of Incompetency

If there is a good- faith basis to allege that the respondent may be incompetent to proceed at any

time during the case, the court, on its own motion, or on the motion of the respondent's attorney or

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

and Mental Hygiene conduct an evaluation of the child's competency to proceed (and

dangerousness). If the court determines at the competency hearing that the respondent is

competent, the court shall enter an order stating that the child is competent, lift the stay imposed,

and resume the matter in accordance with the time standards specified in this Juvenile DCM Plan,

and in the Maryland Rules.

If the respondent is found not competent, the court may enter an order for competency attainment

services and schedule a review within 90 days, and every six months thereafter. If the respondent

does not attain competency within 18 months, the matter may be dismissed as permitted by the

statute.

Detention Hearing

If a respondent is detained based on a new charge, a writ of attachment for failure to appear at a

hearing, or as the result of a violation of probation, a detention hearing will be scheduled the next

business day before the juvenile judge.

Restitution Hearing

Contested restitution hearings will be held post-adjudication. If the respondent and/or his/her

parent(s) are found liable, the court may enter a judgment of restitution against the parents,

guardian or custodian of the respondent, the respondent, or both.

Waiver to Adult Jurisdiction

If the State's Attorney's Office files a petition reque sting the juvenile court to waive jurisdiction

over the respondent and transfer to adult criminal court, the court shall order the Department of

Juvenile Services to conduct a waiver investigation and issue a report. A waiver hearing is

scheduled prior to adjudication. The Department of Juvenile Services requests 45 days to prepare

the investigation report. The waiver hearing is scheduled approximately one week after the due

date of the investigation report.

If the waiver petition is denied, adjudication in the juvenile court will occur within 30 days of the

denial.

If the waiver petition is granted, the juvenile petition, along with the order transferring the matter

to adult jurisdiction, shall serve as the charging document.

If the juvenile judge orders that the respondent be detained, the respondent will be taken into

custody by the sheriff and transported to the Charles County Detention Center with a copy of the

juvenile petition and waiver order.

Post-Disposition Hearing

A hearing may be requested by any party following a disposition hearing in order to request a

review of the respondent’s progress, adherence to conditions of probation, appropriateness of

placement/treatment, etc. The court may schedule a hearing, or ma y modify an existing order

without a hearing. In the event the modification may result in a revocation of probation and/or

commitment, the court will issue a show cause order and schedule a hearing.

Termination of Case

The Department of Juvenile Services, the respondent/respondent's attorney, or the State's

Attorney's Office may request to terminate a case after compliance with probation conditions over

a period of time. The court may determine, with or without a hearing, to terminate the case and

close and seal the file. When a respondent has reached the age of 21 or the respondent has received

a conviction in adult court, the case shall be closed and sealed without a hearing.

CHILD WELFARE TRACKS

Child in Need of Assistance (CINA) cases are filed when the Department of Social Services asserts

that a child needs court intervention because the child has been abused or neglected, has a

developmental disability or mental disorder, and has parent(s)/guardian(s) who a re unable or

unwilling to give proper care and attention to the child’s needs, or because the child is in a

voluntary placement.

CINA cases follow two tracks: Track 1 - Child in Need of Assistance, Non-Shelter Care and Track

2 - Child in Need of Assistance, Emergency Shelter Care. CINA cases are heard by the family

magistrate assigned to hear CINA cases.

Termination of parental rights cases are filed when the Department of Social Services or the court

finds that reunification, custody, guardianship, or another planned permanent living arrangement

(APPLA) are no longer appropriate permanency plans for a child that has been found to be a CINA.

After a child is in care for 15 of the last 22 months, the Department of Social Services must file a

petition for guardianship, unless compelling reasons exist that make termination of parental rights

not in the child’s best interest.

Termination of parental rights cases are Track 3 cases and are heard by the assigned juvenile judge.

Voluntary Placements and Adoptions are Track 4 cases. Voluntary Placements are heard by the

family magistrate and Adoptions are heard by the assigned juvenile judge.

CHILD WELFARE TRACK CHART

Child Welfare Tracks, Casetypes, and Outcomes

Track Case Subtypes Expected Case Duration

Track 1

CINA Non-Shelter

Child in need of assistance (CINA) cases with

no shelter care or shelter care petition

60 days

Track 2

CINA Shelter

Child in need of assistance (CINA) cases with

shelter care or shelter care petition

30 days

Track 3

Termination of

Parental Rights

Termination of parental rights cases 180 days

Track 4

Custom

Voluntary placements

Adoption (After or Without TPR)

Custom

TRACK 1 - CHILD IN NEED OF ASSISTANCE, NON-SHELTER CARE

Filing/Preliminary Inquiry

The Department of Social Services’ attorney notifies the court that a non-emergency petition will

be filed. The court sets a preliminary inquiry date as soon as practical. CINA petitions are filed

by the Department of Social Services' attorney at the preliminary inquiry. The child who is the

subject of the petition is app ointed an attorney pursuant to C ourts and Judicial Proceedings § 3-

813 to represent his/her position or his/her best interests if the attorney determines that the child

does not have “considered judgment” at the preliminary inquiry. The Office of the Public Defender

will represent the parent(s) if they qualify for services. If they do not qualify for public defender's

services, they are advised that they have the right to hire private counsel

The parents shall be notified to bring the child to the preliminary inquiry unless the child's presence

is waived by the child's attorney. The department serves the parents and all parties the CINA

petition at the preliminary inquiry.

Adjudication

The adjudication hearing will be held within 60 days of the non- emergency preliminary inquiry.

Evidence is presented to determine whether the facts alleged in the petition establishing that the

child is a CINA are sustained.

Disposition

Disposition normally takes place immediately following adjudication, unless the court finds good

cause to delay disposition. If disposition does not take place following adjudication, it shall be

held within 30 days from adjudication. At disposition, a finding is made as to whether or not the

child is a child in need of assistance. If the child is found to be a CINA, the disposition may range

from an order controlling conduct to commitment to the care and custody of the Department of

Social Services for appropriate placement. Disposition also includes court orders for services to

the family, such as mental health and substance abuse evaluations, therapy, and parenting classes.

Permanency Planning Hearing/Permanency Planning Review Hearing

When a child is found to be a child in need of assistance, a permanency planning hearing is required

to be scheduled within 180 days of the date of the filing of the CINA petition. If the court waives

the department's obligation to make reunification efforts, a permanency planning hearing must be

held within 30 days of the waiver. The department may request this waiver if aggravated

circumstances exist. A permanency planning review hearing is scheduled within 180 days

thereafter, for as long as the CINA case remains open. The court must consult, on the record and

in an age-appropriate manner, with a child about the permanency plan at least once each year.

If the court orders a specific placement of a child, the department may not remove the child from

the placement without a hearing, absent an emergency. The department shall file a motion

requesting authorization to remove the child from the placement. The court shall hold an

emergency review placement hearing not later than the next day after the depa rtment's motion is

filed.

Postponements

For good cause shown, a hearing may be extended beyond the statutorily mandated time within

which the hearing shall be held. No other postponements beyond the statutorily required

timeframes are permitted.

Exceptions

For any CINA case heard before the family magistrate, the parties are entitled to file exceptions

within five business days of the filing of findings and recommendations by the family magistrate.

Upon the filing of the exceptions, the juvenile judge handling CINA matters shall promptly

schedule an exceptions hearing.

Permanency Planning Mediation

Permanency planning mediation between the parties may be scheduled at any time at the request

of any party or by the court.

CASA Appointment

Any party may request that the court appoint a CASA volunteer for the child pursuant to Courts

and Judicial Proceedings § 3- 830, with the purpose of providing the court with background

information to aid the court in making a decision in the child's best inter est and to ensure that the

child is provided appropriate case planning and services. The court may appoint a CASA volunteer

for a child. Reports from CASA volunteers shall be provided to the parties and the court.

TRACK 2 - CHILD IN NEED OF ASSISTANCE, EMERGENCY SHELTER CARE

Filing

CINA petitions are filed by the Department of Social Services' Attorney. The child who is the

subject of the petition is appointed an attorney pursuant to Courts and Judicial Proceedings § 3-

813 to represent his/her position or his/her best interests if the attorney determines that the child

does not have “considered judgment.” The Office of the Public Defender will represent the

parent(s) if they qualify for services. If they do not qualify for the Public Defender's services, they

are advised that they have the right to hire private counsel.

Shelter Care Hearing

CINA petitions requesting shelter care must be scheduled for hearing no later than the next day

the court is open, following the removal of a child. The parents are given verbal notification of

the shelter care hearing by the Department of Social Services. Upon granting of shelter care, the

adjudication hearing is scheduled within 30 days. If the court does not grant shelter care, the

adjudication hearing is scheduled within 60 days.

Adjudication

The adjudication hearing will be held within 30 days of the emergency shelter care hearing unless

shelter care was not granted and then the hearing will be held within 60 days. Evidence is

presented to determine whether the facts alleged in the petition establishing that the child is CINA

are sustained.

Disposition

Disposition normally takes place immediately following adjudication, unless the court finds good

cause to delay disposition. If disposition does not take place following adjudication, it shall be

held within 30 days from adjudication. At disposition, a finding i s made as to whether or not the

child is a child in need of assistance. If the child is found to be a CINA, the disposition may range

from an order controlling conduct to commitment to the care and custody of the Department of

Social Services for appropriate placement. Disposition also includes court orders for services to

the family, such as mental health and substance abuse evaluations, therapy, and parenting classes.

Permanency Planning Hearing/Permanency Planning Review Hearing

When a child is found to be a child in need of assistance (CINA), a permanency planning hearing

is required to be scheduled within 180 days of the date of the filing of the CINA petition. If the

court waives the department's obligation to make reunification efforts, a permanency planning

hearing must be held within 30 days of the waiver. The department may request this waiver if

aggravated circumstances exist. A permanency planning review hearing is scheduled within 180

days thereafter, for as long as the CINA case remains open. The court must consult, on the record

and in an age-appropriate manner, with a child about the permanency plan at least once each year.

If the court orders a specific placement of a child, the department may not remove the child from

the placement without a hearing, absent an emergency. The department shall immediately file a

motion requesting authorization to remove the child from the placement. The court shall hold an

emergency review placement hearin g no later than the next day after the department's motion is

filed.

Postponements

For good cause shown, a hearing may be extended beyond the statutorily mandated time within

which the hearing shall be held. No other postponements beyond the statutorily required

timeframes are permitted.

Exceptions

For any CINA case heard before the family magistrate, the parties are entitled to file exceptions

within five business days of the filing of findings and recommendations by the family magistrate.

Upon the filing of the exceptions, the juvenile judge handling CINA matters shall promptly

schedule an exceptions hearing.

Permanency Planning Mediation

Permanency planning mediation between the parties may be scheduled at any tim e at the request

of any party or by the court.

CASA Appointment

Any party may request that the court appoint a CASA volunteer for the child pursuant to Courts

and Judicial Proceedings § 3- 830, with the purpose of providing the court with background

information to aid the court in making a decision in the child's best interest and to ensure that the

child is provided appropriate case planning and services. The court may appoint a CASA volunteer

for a child. Reports from CASA volunteers shall be provided to the parties and the court.

TRACK 3 - TERMINATION OF PARENTAL RIGHTS (Petition for Guardianship)

Termination of parental rights (TPR) cases are filed when the Department of Social Services or

the court finds that reunification, custody, guardianship, or a nother planned permanent living

arrangement (APPLA) is no longer an appropriate permanency plan for a child that has been found

to be a CINA. After a child is in out-of-home care for 15 of the last 22 months, the Department of

Social Services must file a petition for guardianship, unless compelling reasons exist that make

termination of parental rights not in the child’s best interests.

Filing

Petitions for guardianship are filed by the Department of Social Services' attorney. The child who

is the subject of the petition is appointed an attorney pursuant to Courts and Judicial Proceedings

§ 3-813 to represent his/her position or his/her best interests if the attorney determines that the

child does not have “considered judgment.” The Office of the Public Defender will represent

parent(s) who qualify for services. If a parent does not qualify for public defender services, he/she

are advised that they have the right to private counsel.

Scheduling

After the filing of a petition, the juvenile judge’s chambers issues a scheduling order containing

all future court dates.

Status Conference

A status conference is scheduled within 45 days after the filing of the petition. The status

conference is held in the juvenile judge’s chambers. All attorneys are expected to attend the status

conference in person or by telephone. Discussions at the st atus conference include: whether or

not service has been accomplished; dates by which objections must be filed; scheduling for

mediation; and any other concerns of the court or the attorneys.

Pretrial Conference

A pretrial conference is scheduled withi n 120 days after the filing of the petition. The pretrial

conference is held in the juvenile judge’s chambers. All attorneys are expected to attend the

pretrial conference. Discussions at the pretrial conference include: outcome of mediation;

discovery issues; and any other concerns of the court or the attorneys.

Trial

The trial must be concluded within 180 days from the filing of the petition. The court’s practice

is to schedule the trial date within 150 days from the filing of the petition.

Uncontested Termination of Parental Rights Hearing

If an agreement is reached between the parties, the t ermination of parental rights hearing shall be

advanced to a date convenient to all parties.

Post Adoption Contact Mediation

Post adoption contact mediation between the parties may be scheduled at any time at the request

of any party or by the court. Mediation is mandatory for all contested termination of parental rights

cases.

Guardianship Review Hearings

After termination of parental rights, the court shall schedule a guardianship review hearing within

180 days of the date of the or der terminating parental rights. Subsequent guardianship review

hearings shall be held within 180 days until the case is closed because the child is adopted, placed

in a permanent custody or guardianship arrangement, or is emancipated between the ages of 18

and 21.

Postponements

For good cause shown, a hearing may be extended beyond the statutorily mandated time within

which the hearing shall be held. No other postponements beyond the statutorily required

timeframes are permitted.

TRACK 4 – CUSTOM

VOLUNTARY PLACEMENT

A voluntary placement occurs when a child has a developmental disability or mental illness and

the child needs treatment or care related to the child’s disability that the parent is unable to provide.

The parent enters into an agreement with the department, and the child is placed in an appropriate

placement that can address his/her disability and work towards reunification. Within 180 days of

a child being in a voluntary placement, the court must approve the voluntary placement.

Filing

A petition for voluntary placement is filed by the Department of Social Services' attorney within

150 days of the agreement to allow the child's attorney an opportunity to meet his/her client. The

child who is the subject of the petition is appointed an attorney pursuan t to Courts and Judicial

Proceedings § 3-813 to represent his/her position or his/her best interests if the attorney determines

that the child does not have “considered judgment.” The parent(s)/guardian(s) are advised that

they have the right to hire priv ate counsel. Upon filing of the petition, the court will schedule a

preliminary inquiry hearing.

Voluntary Placement Hearing

The court must hold a voluntary placement hearing within 180 days of the voluntary placement

agreement and determine whether continuation of the placement is in the child's best interest and

whether reasonable efforts have been made to reunify the child with the family or place the child

in a timely manner in accordance with the child's permanency plan.

Voluntary Placement Review Hearing

A voluntary placement review hearing is scheduled within 180 days of the initial voluntary

placement hearing, and within 180 days thereafter, for as long as the voluntary placement exists.

Postponements

For good cause shown, a hearing may be extended beyond the statutorily mandated time within

which the hearing shall be held. No other postponements beyond the statutorily required

timeframes are permitted.

ADOPTIONS

Adoption after Termination of Parental Rights

A child is eligible for adoption once the court terminates parental rights, the appeal period has

passed, and the child has been placed with the adoptive family for six months The child who is the

subject of the petition is appointed an attorney pursuant to Court s and Judicial Proceedings § 3-

813 to represent his/her position or his/her best interests if the child does not have “considered

judgment.”

Adoption cases filed as a result of the termination of parental rights proceedings are processed by

the juvenile judge’s chambers and scheduled for hearing as soon as possible, but no sooner than

10 days after the notice of filing has been served pursuant to Family Law § 5- 546. An adoption

petition must be ruled upon no later than 180 days after filing.

Adoption without Prior Termination of Parental Rights

A petition for adoption without prior termination of parental rights can be filed by prospective

adoptive parent(s) with the consent of the Department of Social Services. A child may be eligible

for adoption without prior termination of parental rights when both parents and the department

consent, or one parent consents and the other parent is deceased or cannot be located (an affidavit

of reasonable efforts to locate the missing parent must be submitted with the petition). The child

who is the subject of the petition is appointed an attorney pursuant to Courts and Judicial

Proceedings Section 3-813 to represent his/her position or his/her best interests if the child does

not have “considered judgment.” The Office of the Public Defender will represent the parent(s) if

they qualify for services. If they do not qualify for public defenders services, they are advised to

hire an attorney.

Adoption cases filed without prior termination of parental rights proceedings are processed by the

juvenile judge’s chambers and scheduled for hearing no earlier than 30 days after the petition,

including the parent(s)’ consent, is filed. The court shall provide notice to the parent(s), unless

waived; the attorney for the child; and the attorney(s) for the parent(s), as soon as possible, but no

sooner than 10 days after the notice of filing has been served pursuant to Family Law § 5-546. An

adoption petition must be ruled upon no later than 180 days after filing.

If a petition for adoption without prior termination of parental rights is contested, the juvenile court

shall dismiss the petition.

INTERPRETERS

If any party becomes aware of the need for an interpreter for any party or witne ss, the party shall

promptly notify the court by using the Request for Interpreter form, which is available on the

Maryland Judiciary web site (www.mdcourts.gov). 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 that is

needed. The request must also specify for whom the interpreter is needed.

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

been scheduled and shall notify the court immediately if the need for the interpreter changes. If a

request for interpreter is not canceled at least 48 hours in advance of the trial or hearing, the court

will be billed for the interpreter’s services.