Frederick Cnty. Cir. Ct. Juvenile/Child Welfare DCM Plan 3

Custom

Track Designations Set at Filing

Track designations are automatically set at filing, based on the type, subtype and characteristics of

the petition. The track designation will be automatically assigned based upon the type of petition

filed. A child who 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 in shelter care on a

dependency case. The Clerk’s Office will enter the appropriate case subtype into the case

management system, and it will automatically be assigned to the appropriate track.

STATUTORY DEADLINES IN CINA AND TERMINATION OF PARENTAL RIGHTS CASES

HEARING DEADLINE SOURCE

CHILD IN NEED OF ASSISTANCE CASES

Shelter Once a child is placed in shelter and a petition is filed, a Shelter Hearing shall be held the same day or no later CJP §3-815(c)(ii)

than the next day that Court is in session and may be postponed or continued no more than eight days Md. Rule 11-204(c)

following the commencement of the child’s emergency shelter care for good cause shown

Initial Appearance Only if Non-Shelter Case – to be set within 15 days if within County or 20 days if outside of County

Adjudicatory Hearing Shelter: hearing shall be commenced within 30 days from initial shelter hearing, and may only be extended for CJP §3-815

no more than an additional 30 days for good cause Md. Rule 11-213(b)(2)

Non‐Shelter – hearing shall be commenced within 60 days after the petition and summons are served on the CJP §3-817

attorney for the child Md. Rule 11-213(b)(3)

Disposition The disposition shall be held on the same day as the Adjudicatory hearing unless the Court finds that there is Md. Rule 11-216(b)

good cause to delay it. If delayed, it shall be held no later than 30 days after the conclusion of the Adjudicatory

hearing

CINA Review The review hearing must be held within 6 months from the date the petition is filed. This review will be Md. Rule 11-219(a)(1)

scheduled at disposition

Voluntary Placement Within 30 days after filing of the voluntary placement petition, the Court shall hold a voluntary placement Md. Rule 11-503(m)

hearing

Permanency Planning If a child is in an “out of home” placement and has been for 11 months and 30 days, the Court must hold a Md. Rule 11-219

permanency planning hearing at the time (usually set between 10-11 months). This hearing will be scheduled at

the Disposition hearing

Post Permanency Review The Court shall conduct a hearing to review the permanency plan at least every 6 months after the permanency Md. Rule 11-219

planning hearing, until the commitment is rescinded

NOTE: Yearly review is permissible if the Court determines that the “child shall be continued in out-of-home CJP §3-823(h)(1)(ii)

placement with a specific caregiver who agrees to care for the child on a permanent basis”

Merits on Removal A hearing shall be held within 30 days of removal from court-ordered placement. This applies to cases in a post‐ CJP §3-820

dispositional posture.

Annual consultation with At least every 12 months at a hearing under this section, the Court shall consult on the record with the child in CJP §3-823(j)

Child an age-appropriate manner to obtain the child’s view on permanency Fam. Law §5-326

TERMINATION OF PARENTAL RIGHTS CASES

TPR To be ruled upon within 180 days of petition being filed AND within 45 days of consents or trial on the merits Fam. Law §5-319

Md. Rule 11-313(b)

Initial Guardianship Set no later than 180 days after the entry of Final Order of Guardianship (This applies to those cases where Fam. Law §5-

Review parental rights have been terminated.) 324(b)(1)(vi)

Md. Rule 11-316

Subsequent Annual At least once each year after the initial guardianship review hearing until the Juvenile Court’s jurisdiction Fam. Law §5-

Review of Guardianship terminates 324(b)(1)(vi)

Case Md. Rule 11-316

JUVENILE DELINQUENCY PROCESS AND TIMELINES BY TRACK

Diagram 1.0, Diagram 1.1, and Diagram 1.2 illustrate the events and times required for juvenile

delinquency case processing by track in flowchart form and are located immediately following each

Track Description and Timeline.

Track 0 – Peace Orders

Process Summary

Pursuant to Courts and Judicial Proceedings (CJP) §3-8A-19.1, the Maryland Department of Juvenile

Services (DJS) or the Office of the State’s Attorney (SAO) may file a request for a peace order, if the

alleged act to the victim occurred within 30 days before the filing of the request.

A Juvenile Peace Order Hearing will be scheduled to be heard within 14 days after the request is

filed with the Court. The Clerk’s Office will mail notices of the hearing by first class mail to all

parties. During the hearing, the respondent will be given an opportunity to be heard on whether the

Court should issue a peace order. If the respondent does not appear at the first scheduled hearing,

the hearing will be postponed for approximately 14 days and a summons with notice of the new

hearing date will be served by the Sheriff. If the respondent does not appear after proper service, a

peace order may be issued in the respondent’s absence.

Pursuant to CJP §3-8A-19.2(c)(3), if the Court grants a request for Peace Order, all relief granted

shall be effective for the period stated, but not to exceed 6 months.

 A respondent is not entitled to counsel in a peace order proceeding (CJP §3-8A-20(c)(1).

 A respondent is entitled to counsel in a contempt proceeding regarding the peace order

(CJP §3-8A-20(c)(2)).

 The Court may modify or rescind the peace order during the term of the peace order after

giving notice to the victim and the respondent and holding a hearing (CJP §3-8A-19.4).

 A violation of any of the provisions of a peace order specified in CJP §3-8A-19.2(c)(1) (i),

(ii), (iii) or (iv) is a separate delinquent act (CJP §3-8A-19.5(a)).

TRACK 0 – Peace Orders

Diagram 1.0

Peace Order

Request Filed

Notice of Hearing

mailed to all parties

Respondent fails

Peace Order Hearing held to appear

within 14 days of filing

Hearing reset within 14 days

– summons and notice of

Peace Order Peace Order hearing issued

Granted and Issued Denied

Peace Order Hearing

Held within 28 days of

filing

Violation

Peace Order

Granted and Issued Peace Order

(may be granted and Denied

issued in

Respondent’s

Violation by absence)

separate delinquent Violation of service

act ordered in Peace

Order

DJS Intake

Contempt Petition filed

Delinquency Process

Track 1 – Non‐Detention

Process Summary

Delinquency Petition Filed

Pursuant to CJP §3-8A-13(b), all petitions alleging delinquency shall be filed by the SAO within 30

days after the receipt of a referral from the intake officer, unless the time is extended by the Court

for good cause. The Clerk’s Office issues and mails summonses for the respondent and the

respondent’s parents, guardian, or custodian to appear at an Initial Appearance Hearing, which is

scheduled no more than 14 days after the delinquency petition is filed.

Initial Appearance Hearing

As stated above, these are scheduled within 14 days of the filing of the petition. At the Initial

Appearance Hearing, the respondent and the respondent’s parents, guardian, or custodian are

served with the delinquency petition(s), advised of the charges, advised of his/her right to an

attorney, and an Adjudicatory Hearing, as well as a Status Hearing and/or Pre-Trial Conference (if

needed) will be scheduled. If, at the first scheduled Initial Appearance Hearing, a respondent

appears without a parent, guardian, or custodian, or a parent, guardian, or custodian appears

without a respondent, service of a new summons and petition(s) will be made by the Sheriff or by

certified mail, if ordered, with a Status Conference scheduled approximately 14 days later.

Counsel entering appearances on behalf of respondents must file a line of appearance with the

Clerk’s Office in order for the Initial Appearance Hearing to be removed from the calendar, at which

point the file is sent to the Assignment Office for scheduling of the Adjudicatory Hearing.

Status Conference

A Status Conference will be set within 14 days at the Initial Appearance hearing if the respondent

has not obtained counsel. At the Status Conference, the Court will determine if the respondent

and/or the respondent’s parents, guardian, or custodian has obtained counsel, and if not, will

appoint counsel to represent the respondent. (The Assignment Office will be responsible for

notifying the appointed counsel at least 10 days prior to the next scheduled hearing). If set, a Status

Conference may be removed when counsel enters an appearance for the respondent with the

Clerk’s Office.

Discovery

Discovery should be completed within 30 days of the date the delinquency petition is filed. All

matters and information to which a party is entitled must be disclosed in time to permit their

beneficial use at a hearing in which the material or information may be relevant. If the material or

information is not so disclosed, the Court may grant a continuance or postponement of the hearing

to permit the disclosure or inspection. A motion to compel discovery shall be filed no later than 10

days before the next scheduled hearing, and any response may be filed within five days after service

of the motion. Applicability and time for completion is outlined in Md. Rule 11-418.

Waiver Hearing

If the SAO files a petition requesting that the Court waive its exclusive jurisdiction over the

respondent (or the Court considers a waiver on its own motion), then the Court shall order a waiver

investigation and schedule a Waiver Hearing prior to adjudication. If the Waiver Petition is denied,

then the case must be brought to adjudication within 30 days.

Competency Hearing

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 or any other qualified expert conduct an evaluation of the

child's competency to proceed. At a Competency Hearing, if the Court determines that the child is

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

and proceed with the delinquency petition or violation of probation petition in accordance with the

time periods specified in the Maryland Rules.

Pre‐Trial Conference

At the discretion of the Court and/or the request of a party, a Pre-Trial Conference may be

scheduled. If needed, a Pre-Trial Conference will be set approximately one week prior to

adjudication. At the Pre-Trial Conference, the Court will determine if the case can be resolved

without an Adjudicatory Hearing. Cases not resolved will proceed to the Adjudicatory Hearing. Any

postponement beyond the statutory deadline requires a finding of extraordinary cause by the

County Administrative Judge or designee.

A plea of involvement may be taken at the Initial Appearance Hearing, or on any date prior to the

Adjudicatory Hearing. The Adjudication Hearing shall not be removed from the calendar until a plea

of involvement is taken by the Court or a petition is dismissed.

Adjudicatory Hearing

The Adjudicatory Hearing is held within 60 days of the appearance or waiver of counsel (usually

scheduled to be held within 30 – 40 days), unless the respondent has been detained and then must

be held within 30 days. In the event a petition is filed to waive jurisdiction, the Adjudicatory

Hearing is held within 30 days of the Court’s decision whether to retain jurisdiction.

At the Adjudicatory Hearing, the Court will hear the evidence in the case. If the respondent

(juvenile) is found involved (to have committed the alleged acts), the case proceeds to disposition.

Disposition Hearing

The Disposition Hearing is held to determine whether the respondent, having been found involved,

that is, to have committed the delinquent act as alleged in the petition, is in need of guidance,

treatment, or rehabilitation. In some cases, the Disposition Hearing may be held the same day as the

Adjudicatory Hearing, if the parties waive notice on the record, pursuant to CJP §3-8A-19(b).

If the respondent is detained or on community detention:

The Disposition Hearing must be held within 14 days of the Adjudicatory Hearing, but may be

postponed upon a finding of good cause. If the respondent remains detained or on community

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

Disposition Hearing is held.

If the respondent is NOT detained or on community detention:

The Disposition Hearing must be held within 30 days if the respondent is in the community pending

disposition.

Permitted dispositions include the following, pursuant to CJP §3-8A-19(d) (i) (ii) and (iii):

Upon a finding that the respondent is delinquent:

 The respondent may be placed on probation or under supervision in the respondent’s own

home or in the custody or guardianship of a relative or other fit person, upon terms the

Court deems appropriate, including community detention.

 The child may be committed to the custody or under the guardianship of the DJS, the

Department of Health, or a public or licensed private agency on terms that the Court

considers appropriate to meet the priorities set forth in CJP §3-8A-02 of this subtitle,

including designation of the type of facility where the child is to be accommodated, until

custody or guardianship is terminated with approval of the Court or as required under CJP

§3-8A-24.

 Order the child, parents, guardian or custodian of the child to participate in rehabilitative

services that are in the best interest of the child and family.

Restitution Hearing

If there is a restitution issue that will be contested by the respondent or the respondent’s parents,

guardian, or custodian, a hearing must be held post-adjudication and no later than disposition. If

the Court determines the respondent owes restitution, the Court may enter a judgment of

restitution against the parents of a child, the child, or both (CP §11-604, CJP §3-8A-28, and Md. Rule

11-422).

Review Hearings

If the respondent is released to the community with conditions, then Review Hearings may be set at

the Court’s discretion. If the respondent is committed to DJS and remains in a detention facility

awaiting placement, the Court must schedule a Review Hearing every 25 days that the respondent

remains in the facility until the respondent is placed.

Once the respondent is placed, Review Hearings should be scheduled at 6-month and 11-month

intervals, if the respondent is placed, pursuant to the Adoption and Safe Families Act, Title IV-E. If

the respondent is committed to a state mental hospital or facility for children with intellectual

disabilities, then Review Hearings will be held every 6 months.

Track 1 – Non‐Detention: Timeline

Day 1: Delinquency petition filed

Up to Day 14: Initial Appearance Hearing

Up to Day 25: Status Conference (if needed)

Up to Day 30: Discovery completed (continuin g duty to disclose - Md. Rule §11-418)

Day 35 - 50: Pre-Trial Conference (if needed)

Up to Day 60: Adjudicatory Hearing

Up to Day 74: Disposition Hearing (if respond ent is detained or on community detention)

Up to Day 90: Disposition Hearing (if respondent is NOT detained or on community detention)

Up to Day 180: Review Hearing (may be at the discretion of the Court)

Up to Day 365: Permanency Planning Hearing (if respondent remains in Title IV-E facility)

Every 6 months: Review Hearings (if resp ondent remains in Title IV-E facility)

Track 1: Juvenile Delinquency – Non‐Detention

Diagram 1.1

Initial Appearance Hearing Status Hearing

Clerk sets Arraignment hearing within 10 days – Set during Arraignment Hearing

14 days after filing of petition within 14 days of Arraignment

SAO files (vacated if attorney enters) (removed if attorney enters)

Delinquency Petition and

Summons Issued

SAO files

Waiver to Pre-Trial Conference Petition Dismissed

Adult (can be set upon request at discretion of the

Jurisdiction Court – usually reserved for complex cases)

before Judge AO to set 1 week PRIOR to Adjudication

Found NOT

involved

Adjudicatory Hearing

YES Respondent NO AO sets within 30 days of Arraignment

Expedited admits to (must be w/in 60 days of arraignment/entry

Adjudication/Disposition involvement of attorney unless waived)

Same Day Disposition

Disposition Hearing

Hearing (if notice waived)

within 30 days after Adjudication

Child Released to Community

Yes No

with conditions (i,e. probation,

Commitment Order

Child treatment, etc.)

Issued

Committed?

Detained in

Facility Prior to

bed date?

Review every

25 days Review of DHMH

commitment –

Restitution Periodic Reviews upon

mandated 6-

Issue? request and at the

month reviews

discretion of the Court

Yes

Review of DJS

Commitment – Adjudicatory Hearing must be held within 60 days and

held within 11 Disposition within 30 days. (If detained, adjudication must take

months from place within 30 days and disposition, within 14 days of

Restitution Hearing adjudication The petition can be dismissed at any point in the

commitment –

process. A child can also be detained, sheltered or ordered to

thereafter every 6

community detention at any time in the process. The

months

magistrate sets the status and adjudication dates at the

arraignment based upon dates supplied by the AO. The

Release Hearing If ordered, Restitution Status Conference is to determine if an attorney has been

obtained, if there are any pending motions or requests to have

requested by DJS Judgment entered

a judge assigned. If an attorney is obtained, the Status

Held on Tues or Thurs, max. $10,000/ incident against

Conference is canceled and AO sets the Adjudicatory Hearing

generally child and/or parents

prior to 30 days from entry of the attorney.

Track 2 – Detention

Process Summary

Pursuant to CJP §3-8A-15(a), only the Court or an intake officer may authorize detention,

community detention, or shelter care for a child who may be in need of supervision or is delinquent.

File a Detention Petition

If the child is not released, the intake officer from the DJS who authorized detention, community

detention, or shelter care must immediately file a petition requesting its continuation.

Detention Hearing

The Court must conduct a Detention Hearing no later than the next day that the Court is in session,

following the filing of a detention petition. Reasonable notice, oral or written, shall be given to the

respondent and the respondent’s parents, guardian or custodian.1 An Adjudicatory Hearing is

scheduled at this hearing within 30 days (available dates provided by AO).

Detention Review Hearing

If the respondent remains detained or on community detention, a hearing to review the

respondent’s detention status must be held every 14 days until the Disposition Hearing is held (CJP

§3-8A-15(d)(6) and Md. Rule 11-406).

Discovery

Discovery should be completed within 30 days of the date the delinquency petition is filed. All

matters and information to which a party is entitled must be disclosed in time to permit their

beneficial use at a hearing in which the material or information may be relevant. If the material or

information is not so disclosed, the Court may grant a continuance or postponement of the hearing

to permit the disclosure or inspection. A motion to compel discovery shall be filed no later than 10

days before the next scheduled hearing, and any response may be filed within five days after service

of the motion. Applicability and time for completion is outlined in Md. Rule 11-418.

1 Note that the SAO may file a detention petition prior to filing a delinquency petition. The rules for

conducting review hearings apply.

Waiver Hearing

If the SAO files a petition requesting that the Court waive its exclusive jurisdiction over the

respondent (or the Court considers a waiver on its own motion) then the Court shall order a waiver

investigation and schedule a Waiver Hearing prior to adjudication. If the Waiver Petition is denied,

then the case must be brought to adjudication within 30 days.

Competency Hearing

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 or any other qualified expert conduct an evaluation of the

child's competency to proceed. At a Competency Hearing, if the Court determines that the child is

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

and proceed with the delinquency petition or violation of probation petition in accordance with the

time periods specified in the Maryland Rules.

Suppression Hearing

A Suppression Hearing may be set approximately 14 days prior to adjudication, only if requested by

motion. At the Suppression Hearing, the Court will determine if certain evidence will be admissible

during adjudication.

Pre‐Trial Conference

At the discretion of the Court and/or the request of a party, a Pre-Trial Conference may be

scheduled. If needed, a Pre-Trial Conference will be set approximately one week prior to

adjudication. At the Pre-Trial Conference, the Court will determine if the case can be resolved

without an Adjudicatory Hearing. Cases not resolved will proceed to the Adjudicatory Hearing. Any

postponement beyond the statutory deadline requires a finding of extraordinary cause by the

County Administrative Judge or designee.

A plea of involvement may be taken at the Initial Appearance Hearing, or on any date prior to the

Adjudicatory Hearing. The Adjudicatory Hearing shall not be removed from the calendar until a

plea of involvement is taken by the Court.

Adjudicatory Hearing

The Adjudicatory Hearing is held within 30 days of the Detention Hearing. In the event a petition is

filed to waive jurisdiction, the Adjudication Hearing is held within 30 days of the Court’s decision

whether to retain jurisdiction, if the Juvenile Court retains jurisdiction.

At the Adjudicatory Hearing, the Court will hear the evidence in the case. If the respondent is found

involved (to have committed the alleged acts), the case proceeds to disposition.

Disposition Hearing

The Disposition Hearing is held to determine whether the respondent, having been found involved,

that is, to have committed the delinquent act as alleged in the petition, is in need of guidance,

treatment, or rehabilitation and is therefore delinquent. In some cases, the Disposition Hearing may

be held the same day as the Adjudicatory Hearing if the parties waive notice on the record,

pursuant to CJP §38A-19(b).

If the respondent is detained or on community detention:

The Disposition Hearing must be held within 14 days of the Adjudicatory Hearing but may be

postponed upon a finding of good cause. If the respondent remains detained or on community

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

Disposition Hearing is held.

If the respondent is NOT detained or on community detention:

The Disposition Hearing must be held within 30 days if the respondent is in the community without

detention or in the community.

Permitted dispositions include the following, pursuant to CJP §3-8A-19(d) (i) (ii) and (iii):

Upon a finding that the respondent is delinquent:

 The respondent may be placed on probation or under supervision in the respondent’s own

home or in the custody or guardianship of a relative or other fit person, upon terms the

Court deems appropriate, including community detention.

 The child may be committed to the custody or under the guardianship of the DJS, the

Department of Health, or a public or licensed private agency on terms that the Court

considers appropriate to meet the priorities set forth in CJP §3-8A-02 of this subtitle,

including designation of the type of facility where the child is to be accommodated, until

custody or guardianship is terminated with approval of the Court or as required under CJP

§3-8A-24.

 Order the child, parents, guardian or custodian of the child to participate in rehabilitative

services that are in the best interest of the child and family.

Restitution Hearing

If there is a restitution issue that will be contested by the respondent or the respondent’s parents,

guardian, or custodian, a hearing must be held post-adjudication and no later than disposition. If

the Court determines the respondent owes restitution, the Court may enter a judgment of

restitution against the parents of a child, the child, or both (CP §11-604, CJP §3-8A-28 and Md. Rule

11-422).

Review Hearings

If the respondent is released to the community with conditions, then Review Hearings may be set at

the Court’s discretion. If the respondent is committed to DJS and remains in a detention facility

awaiting placement, the Court must schedule a Review Hearing every 25 days that the respondent

remains in the facility until the respondent is placed.

Review Hearings if Placement

Once the respondent is placed, Review Hearings shall be scheduled at 6-month and 11-month

intervals pursuant to the Adoption and Safe Families Act, Title IV-E. If the respondent is committed

to a State mental hospital or facility for children with intellectual disabilities, Review Hearings will

be held every 6 months.

Track 2 – Detention Care: Timeline

Day 1: Delinquency petition filed

Day 2: Detention Hearing

Up to Day 15: Discovery completed (continu ing duty to disclose – Md. Rule §11-418

Day 12-19: Suppression Hearing (if needed)

Day 17-23: Pre-Trial Conference (if needed)

Up to Day 30: Adjudicatory Hearing

Up to Day 44: Disposition Hearing (if respond ent is detained or on community detention)

Up to Day 60: Disposition Hearing (if respondent is NOT detained or on community detention)

Up to Day 180: Review Hearing (may be at the discretion of the court)

Up to Day 365: Permanency Planning Hearing (if respondent remains in Title IV-E facility)

Every 6 months: Review Hearing (if resp ondent remains in Title IV-E facility)

Diagram 1.2

Track 2: Juvenile Delinquency – Detention

Delinquency/Detention/

Shelter Care Petition

Filed by DJS

Detention Hearing held SAME DAY as filed.

Arraignment Hearing also held at same time

Child Returned to

community with Conditions

Order Issued Continuing Child in Detention/CD

State’s Attorney Reviews Formal Delinquency

Petition Filed OR State Files for Dismissal

Pre-Trial Conference

May be set upon request at the discretion of the Court

set 1 week PRIOR to Adjudication

Respondent

admits to

Involvement

Expedited Adjudication/Disposition

Adjudication Hearing

Held w/in 30 days from Detention Hearing –

Set by magistrate or AO

Disposition Hearing

w/in 30 days of Adjudication on Tues or Thurs

Set by magistrate in Court or by AO

“Separate” Disposition

Hearing Waived

Child Released to Community held

with conditions (i.e., probation,

treatment, etc.)

Child

Committed

Commitment Order

Issued

Restitution

Issue?

Periodic Reviews upon request

and at discretion of the Court

Review of DJS

Commitment –held

within 11 months

from commitment –

thereafter every 6

months

Restitution Hearing

If ordered, Restitution Judgment

Entered max. $10,000/incident

against child and/or parents

Petition Dismissed

YES

NO

YES

NO

YES

Suppression Hearing

Held before Judge or Magistrate at

least 1 week prior to PTC

Once DJS takes custody of a child, a hearing must be held immediately to determine if the child should remain in custody or be released. The SAO reviews the

charges to determine if they will go forward. Serious cases may require a PTC. An Adjudicatory Hearing shall be held within 30 days of the Detention Care

Hearing If the respondent is in detention or shelter care, the Adjudicatory Hearing shall be held within 30 days from the date the Court ordered the detention.

The Disposition Hearing shall be held no later than 30 days after the conclusion of the Adjudicatory Hearing unless the respondent is detained. Then the

Disposition Hearing must be held within 14 days.

Follow Track 1 (track

does not change) SAO files Waiver to Adult

Jurisdiction before judge

found NOT

involved

Review of DHMH

commitment –

mandated every 6

months

Detained prior to

bed date? Review

every 25 days

Release Hearing

requested by DJS

CHILD WELFARE PROCESS AND TIMELINES BY TRACK

TRACK 1 CINA Shelter

Diagram 2.1 and Diagram 2.2

Diagrams 2.1, 2.2, and 2.3 illustrate the events and times required for child welfare case processing by

track in flowchart form and are located immediately following each Track Description and Timeline

Track 1 – CINA Shelter

Process Summary

CINA Petition Filed

After placing a child in Emergency Shelter Care, the Frederick County Department of Social Services

(DSS) must immediately file a petition requesting continuation of shelter care if the child is not

returned to the parents, guardian, or custodian.

Shelter Care Hearing

The Court must hear the petition no later than the next day the Court is in session, with reasonable

notice, oral or written, given to the parents, guardian or custodian, if they can be found. If the child is

returned to the custody of the parents, an appropriate order is issued, and the Track designation is

changed to Track 2 by the Assignment Office. If the Court authorizes continued shelter care, an

appropriate order is issued, and the Adjudicatory Hearing must be held within 30 days. Hearing dates

are set in Court as provided by the Assignment Office.

Pre‐Trial Conference

A Pre-Trial Conference may be set upon request of the parties or if the Court determines one is needed.

These will normally be set approximately one week prior to the Adjudicatory Hearing. If an agreement

is reached, an expedited Adjudicatory Hearing is held, the agreement is placed on the record, and an

order is entered. The Child In Need of Assistance (CINA) case will immediately proceed to a separate

Disposition Hearing, unless the Court finds good cause to delay up to a maximum of 30 days. If an

agreement is reached with only one parent, that agreement will also be placed on the record. However,

the Adjudicatory Hearing will remain on the docket. If no agreement is reached with at least one parent

or guardian the Adjudicatory Hearing will remain on the docket.

Adjudicatory Hearing

The Adjudicatory Hearing will be held no more than 30 days from the Shelter Care Hearing. At the

Adjudicatory Hearing, the Court will hear the evidence in the case. If the allegations in the petition are

proven, the case will proceed to the Disposition Hearing immediately, unless the Court makes a finding

of good cause to delay the hearing, up to a maximum of 30 days.

Disposition Hearing

The Disposition Hearing is held to determine if the proven allegations are sufficient to find that the

child is CINA pursuant to CJP §3-819 and Md. Rule 11-216. Depending on the circumstances, the Court

will either order that the child be returned to the home, be placed in the care of a relative or other

individual, or be committed to the care, custody and limited guardianship of the DSS or another agency

for placement outside the home, including designation of the type of facility child is to be placed,

pursuant to CJP §3-819. At this time, the Court may also order the child and the child’s parent, guardian,

or custodian to participate in rehabilitative services that are in the best interest of the child and family.

Review Hearing

The Court must conduct a Review Hearing within 6 months after the filing of the petition and at least

every 6 months thereafter, if the child remains under the Court’s jurisdiction, to review the status of

that child.

Permanency Planning Hearing

When a child is in an out-of-home placement, the Court is required to hold a Permanency Planning

Hearing to determine the permanency plan and the reasonable efforts to finalize the plan for the child.

Possible permanency plans range from reunification to adoption. If the Court changes the plan to

adoption at any point, then DSS will be ordered to file a petition to terminate parental rights (TPR), and

the Court will schedule a Termination of Parental Rights Hearing in lieu of the next Permanency

Planning Hearing, pursuant to CJP §3-823(g).

The first Permanency Planning Hearing is to be held within 11 months plus 30 days of shelter care

placement, unless reasonable efforts toward reunification are waived due to aggravated circumstances.

DSS can file a petition for waiver and a hearing will be set by the Assignment Office. If the petition for

waiver is granted, the Court must then hold the Permanency Planning Hearing within 30 days of the

reasonable efforts being waived (CJP §3-812(e)).

Permanency Planning Review Hearing

If the child remains out of the home, the Court must review the permanency plan every 6 months until

the commitment is rescinded or the TPR petition is granted. If the child is placed with a specific

caregiver, who agrees to care for the child on a permanent basis, the Review Hearing will take place

every 12 months.

Track 1 – CINA Shelter: Timeline

Day 1: Shelter Care Hearing

Day 10: Discovery completed

Day 14 to 21: Pre-Trial Conference (may be held if requested/necessary)

Up to Day 30: Adjudicatory Hearing

Up to Day 60: Disposition Hearing (if not held same day as Adjudicatory Hearing)

Up to Day 180: Review Hearing

Up to Day 365: Permanency Planning Hearing

Every 6 months: Permanency Planning Review Hearing

TRACK 1 CINA Shelter

Diagram 2.1

Shelter Care Hearing held same day as petition filed

Shelter Petition Filed

or no later than the next day court is in session.

Petition Dismissed

NO YES

Child Order Issued continuing

Sheltered Child in Shelter Care

CINA

Non- Order Issued

Shelter Returning Child to

Home

Adjudicatory Hearing, Maximum 30 days from

Shelter.

Note: Pretrial

conference may be set

Change to Track 2 prior to adjudication, at

Same Day Disposition or Disposition set within 30 days of request of parties. If

agreement reached

Adjudicatory Hearing on finding of good cause

hold expedited

If child not found CINA, case is dismissed.

adjudication.

NO

Order Issued

Child placed Returning Child

out of home? to Home

YES

Reasonable Efforts Ongoing reviews set to review

Waiver Petition Filed Order Issued Committing Child status of child under Court’s

jurisdiction, at least every 6

months until case closed.

Review Hearing held within 6 months (usually set at 5 months)

NO of Shelter. (usually set at 5 months)

Reasonable

Efforts Note: Permanency

Waived? Permanency Planning Hearing held within 11 mediation can occur any

time prior to or after the

months and 30 days of shelter placement.

Permanency Planning

YES (usually set between 10-11 months)

Hearing at the request of

the parties.

Expedited Permanency Planning Hearing

must be held w/in 30 days of Order

Review of Permanency Plan

Child Remains Hearing held w/in 6 months of

Reunification. Further in out of home Permanency Planning Hearing

review not mandated placement? and every 6 months thereafter

but set at least every NO YES (usually set at 5 months)

6 months until case is

closed. (usually set at

5 months)

Annual review (until case is closed)

if child is placed with specific YES

caregiver who agrees to care for Child Placed

child on permanent basis. in permanent

Order DSS to file a TPR petition

Courts §3-823(h) home?

within 30 days if there is

TPR consensus or within 60 days if

NO

DSS does not support the plan

Track 2 – CINA Non-Shelter

Process Summary

CINA Petition Filed

The Frederick County Department of Social Services (DSS) files a petition requesting that a child be

found a Child In Need of Assistance (CINA). A Preliminary Inquiry Hearing is scheduled within 14

days, and the Clerk’s Office issues summonses for the parents, guardian, or custodian of the child

and prepares the order for appointment of counsel for the child.

Preliminary Inquiry Hearing

A Preliminary Inquiry Hearing is held within 14 days of the filing of the petition. At the Preliminary

Inquiry Hearing, the child and the child’s parents, guardian or custodian are served with the CINA

petition, Notice of Court-Appointed Attorney for the child, a Guide for Parents and Guardians in

Child Protection Cases, and parents and guardians are advised of their right to counsel. Hearing

dates are set in open court as provided by the Assignment Office (AO).

Pre‐Trial Conference

A Pre-Trial Conference may be set upon request of the parties or if the Court determines one is

needed. These will normally be set approximately one week prior to the Adjudicatory Hearing. If an

agreement is reached, an expedited Adjudicatory Hearing is held and the agreement is placed on

the record, and an order is entered. The CINA case immediately will proceed to a separate

Disposition Hearing, unless the Court finds good cause to delay up to a maximum of 30 days. If an

agreement is reached with only one parent or guardian, that agreement will also be placed on the

record. However, the Adjudicatory Hearing will remain on the docket. If no agreement is reached

with at least one parent or guardian, the Adjudicatory Hearing will remain on the docket.

Adjudicatory Hearing

The Adjudicatory Hearing will be held no more than 60 days from the date of service. At the

Adjudicatory Hearing, the Court will hear the evidence in the case. If the allegations in the petition

are proven, the case will proceed to the Disposition Hearing immediately unless the Court makes a

finding of good cause to delay the hearing, up to a maximum of 30 days.

Disposition Hearing

The Disposition Hearing is held to determine if the proven allegations are sufficient to find that the

child is CINA pursuant to CJP §3-819 and Md. Rule 11-216. Depending on the circumstances, the

Court will either order that the child be returned to the home, be placed in the care of a relative or

other individual, or be committed to the care, custody and limited guardianship of DSS or another

agency for placement outside the home, including designation of the type of facility the child is to be

placed, pursuant to CJP §3-819. At this time, the Court may also order the child and the child’s

parent, guardian, or custodian to participate in rehabilitative services that are in the best interest

of the child and family.

Review Hearing

The Court must conduct a Review Hearing within 6 months after the filing of the petition and at

least every 6 months thereafter, if the child remains under the Court’s jurisdiction, to review the

status of that child.

Permanency Planning Hearing

When a child is in out-of-home placement, the Court is required to hold a Permanency Planning

Hearing to determine the permanency plan and the reasonable efforts to finalize the plan for the

child. Possible permanency plans range from reunification to adoption. If the Court changes the

plan to adoption, at any point, then DSS will be ordered to file a petition to terminate parental rights

(TPR), and the Court will schedule a Termination of Parental Rights Hearing in lieu of the next

Permanency Planning Hearing, pursuant to CJP §3-823(g).

This hearing is to be held within 11 months plus 30 days of shelter care placement, unless

reasonable efforts toward reunification are waived due to aggravated circumstances. A petition for

waiver is filed, and a hearing set. If the petition for waiver is granted, the Court must then hold the

Permanency Planning Hearing within 30 days of the reasonable efforts being waived (CJP §3-

812(e)).

Permanency Planning Review Hearing

If the child remains out of the home, the Court must review the permanency plan every 6 months

until the commitment is rescinded or the TPR petition is granted. If the child is placed with a

specific caregiver who agrees to care for the child on a permanent basis, the Review Hearing will

take place every 12 months.

Track 2 – CINA Non‐Shelter: Timeline

Day 1: CINA Petition filed

Up to Day 14: Preliminary Inquiry Hearing

Up to Day 20: Discovery completed

Day 35-50: Pre-Trial Conference (m ay be held if requested/necessary)

Up to Day 60: Adjudicatory Hearing

Up to Day 90: Disposition Hearing (if not held same day as Adjudicatory Hearing)

Up to Day 180: Review Hearing

Up to Day 365: Permanency Planning Hearing

Every 6 months: Permanency Planning Review Hearing

TRACK 2 CINA Non‐Shelter

Diagram 2.2

Note: Pre-trial conference may be

CINA Petition Filed Preliminary Inquiry Hearing

set prior to adjudication, at request

Md. Rule 11-205 held w/in 14 days from filing.

of parties. If agreement reached,

All parties served with petition

hold expedited Adjudication.

Adjudication Hearing, within 60

days from service of Petition

Disposition held same day or within 30

days from end of Adjudication Hearing if

judge finds good cause for delay.

Child found not to be a NO NO

Child placed Order issued

CINA/petition dismissed

out of home? returning Child

Child returned to home

to home

YES

Reasonable Efforts Waiver

Order issued – Committing Child Ongoing reviews set to

Requested?

review status of child under

Court’s jurisdiction, at least

every 6 months until case is

closed. (usually set at 5

Review Hearing Held within 6 months months.)

NO from first petition.

Reasonable

Efforts (usually set at 5 months)

Waived?

Note: Permanency mediation

can occur any time prior to or

YES after the Permanency

Permanency Planning Hearing Held

within 11 months and 30 days of shelter. Planning Hearing, at the

Expedited PP Hearing must be request of the parties.

(usually set between 10-11 months)

held within 30 days of Order

Order issued returning NO YES Review of Permanency Plan

Respondent home. Ongoing Hearing Held within 6 months of

Child

reviews set to review status of Permanency Planning Hearing

Remains out

child under the Court’s of home? and every 6 months thereafter.

jurisdiction, at least every 6 (Usually set at 5 months)

months until case is closed.

Annual Review if child is continued in

YES

an out-of-home placement with a

Child Placed

specific caregiver who agrees to care

in permanent

for the child on a permanent basis. home?

Order DSS to file TPR petition within 30 days if

TPR

there is consensus or with 60 days if DSS NO

does not support plan.

Track 3 – Termination of Parental Rights

Case Process Summary

The Juvenile Court has exclusive jurisdiction over Guardianship and Termination of Parental Rights

(TPR) cases for children who have been adjudicated CINA. (CJP §3-803(a)). Within 30 days after

the Court has granted the request of the DSS to change the permanency plan in a CINA case to

adoption, DSS will file a petition that seeks the termination of parental rights as court ordered. If

DSS does not support the plan change, they will file a petition within 60 days as court ordered.

Upon receiving the petition for termination of parental rights, the Clerk’s Office will issue show

cause orders and a notice of filing, pursuant to Md. Rule 11-305 and 11-306, which must be served

within 90 days on the child’s attorney, parents, and their attorney(s), as well as the parent’s last

attorney of record in the CINA case. The Assignment Office will then schedule a Service/Status

Hearing within 60 days from the date of filing pursuant to Md. Rule 11-305(c), and a trial date

within 180 days from the filing date. All TPR hearings and determinations will be handled by a

judge.

Status Hearing (Service)

The Status Hearing (Service) for TPRs is to be held within 60 days. This Hearing is to be used to

review the status of the case. If service has not been obtained, then the hearing will be rescheduled

until service of all parties is obtained. If needed, the Court may reissue a new show cause order for

service or allow service by publication. Once service has been obtained on all parties, the Court will

determine the need for future court proceedings.

If Uncontested: (both parents consent or do not file an objection), DSS will request to

remove the previously set trial date and the Court will schedule an Uncontested

Termination of Parental Rights Trial after the 30-day revocation period (if anyone has the

right to revoke consent, FL §5-321).

If Contested: (at least one parent has timely filed an objection), any parent may file an

objection within the timelines prescribed by Md. Rule 9-107. If the Court grants a motion for

service by publication, objections must be filed within 30 days of the last day of posting on

the Department of Human Resources website at https://dhs.maryland.gov. Failure to file a

timely objection after being served constitutes a deemed consent that cannot be revoked.

The Court will set a mediation date in open court as coordinated with the Permanency

Planning Liaison. A Pre-Trial Conference may also be scheduled one week prior to the

previously scheduled trial date if needed.

Mediation

Mediation is generally scheduled between days 90-120 days in an attempt to resolve any

outstanding issues in the case before trial. If the mediation session results in an agreement, the

agreement will be placed on the record the same day or the agreement will be placed on the record

at a Pre-Trial Conference. If an agreement is not reached, any party may request an additional

mediation session, or the case will proceed to trial.

Pre‐Trial Conference

A Pre-Trial Conference is only set if determined to be necessary by the Court and is generally held

within between 120 – 150 days to address the outcome of mediation, outstanding discovery issues,

etc., and to ensure all parties are ready for trial.

Trial – Termination of Parental Rights

A trial date is set at the time of filing within between 130 – 170 days. All cases must go forward on

the record even if an agreement is reached, or consent is given.

If the case is uncontested, the trial/hearing will be set as soon as practicable before a

judge, usually on a Monday. The Petition to Terminate is granted as found in the best

interest of the child and an immediate Judgment of Guardianship is issued, as well as an

immediate Closure Order for the CINA case, both of which are submitted in open court by

DSS.

If the case is contested, a court trial is held before a judge to determine if terminating the

parental rights is in the best interest of the child. The Court may deny the petition and

immediately issue a Closure Order, which is submitted by DSS, reverting back to the CINA

case and setting a Review Hearing within 180 days in said CINA case. The Court may grant

the Petition for Termination of Parental Rights after finding it is in the best interest of the

child and issue an immediate Judgment of Guardianship, as well as an immediate Closure

Order for the CINA case, both of which are submitted in open court by DSS.

Guardianship Review Hearing

Pursuant to Md. Rule 11-316, the Initial Guardianship Review Hearing is scheduled within 6 months

of the Judgment for Guardianship. Subsequent Guardianship Review Hearings are required every

year, but are generally held every 6 months thereafter until the Court’s jurisdiction terminates. See

also emergency review hearings (FL §5-326(b)) and failed conditional placement during

guardianship hearings (FL §5-327).

Track 3 – TPR Timeline:

Day 1: Petition to Terminate Parental Rights filed

Up to Day 60: Status Hearing (for service)

Day 90-120: Mediation (if objections are filed/contested)

Day 120-150: Pre-Trial Conference (m ay be held if requested/necessary)

Day 130-170: Trial - Termin ation of Parental Rights

Up to Day 360: Guardianship Review Hearing – set within 180 days of TPR being granted

and Guardianship Order being issued (Subsequent hearings will be

scheduled at least yearly, but often every 180 days until the Court’s

jurisdiction terminates).

TRACK 3 – Termination of Parental Rights

Diagram 2.3

Petition filed w/in 30 days of

permanency planning hearing or w/in

60 days if DSS does not support plan

Show Cause Order and

Notice of Filing issued

Objections/Consent Revocation

filed or Objections/Revocation

Deadlines lapsed

Parties served? Status Hearing (Service)

held within 60 days of the

petition being filed.

Motion for Alternative Service

Order granted and

service complete

Pre-Trial

Conference

Mediation

Trial - Termination of

Parental Rights

Contested Held

Petition Dismissed

TPR Granted?

Guardianship Order

Issued After period for

objection/revocations of

consents lapses, w/in

180 days after filing of

petition

Guardianship Order Issued

Case Settled?

CINA case terminated

and initial Guardianship

Review scheduled

Revert to CINA case and

hold Review within 180

days of order denying TPR

Annual Review until Court

terminates jurisdiction

Order entered denying

guardianship

Uncontested

Termination of

Parental Rights

Trial Held

No

Yes

No Yes

Yes

No

Track 4 – Other Child Welfare Case Types

Other juvenile case types will be custom managed according to the following schedule of

expectations:

Table 1.3 – Other Child Welfare Case Types

Other Child Welfare Case Types Expected Duration

Interstate compact requests

Voluntary placements

30 days to voluntary placement

11 months to permanency planning hearing

permanency planning reviews every 6

months

Adoptions 180 days

Interstate Compact Requests

These cases are custom managed.

Adoptions – Process Summary

A Petition for Adoption along with a Notice of Filing, any other exhibits and consents obtained from

the child and agency, and any accounting statements will be filed. The child’s counsel must be

served with the Notice of Filing unless notice is waived in writing, pursuant to Md. Rule 9-103.

Once the Court has received all the necessary exhibits and consents, an Adoption Hearing, in which

a judgment is entered, will be scheduled by the Assignment Office. The judge who entered the Final

Order of Guardianship in the associated TPR case will hear the adoption proceeding of the child.

The Adoption Petition must be ruled on no later than 180 days from the date the petition was filed,

pursuant to FL §5-336(a) and (b), as well as FL §5-348(a) and (b). As a best practice, the Adoption

Hearing is set within 30 days from when the petition was filed, or as soon thereafter as possible

depending on the Court’s scheduled.

At the Adoption Hearing, the Judgment of Adoption is entered and the Adoption Decree is issued

and distributed to DSS, child’s counsel, and the adoptive parent(s).

Voluntary Placements – Process Summary

A “voluntary placement agreement” means a binding, written agreement entered into between the

Frederick County Department of Social Services (DSS) and the parents, guardian, or custodian of a

minor child that specifies, at a minimum, the legal status of the child and the rights and obligations

of the parents, guardian or custodian, the child, and DSS, while the child is in placement (FL §5-

501(m)).

The Juvenile Court has exclusive jurisdiction over voluntary placement hearings. A Voluntary

Placement Hearing is scheduled by the Assignment Office within 30 days after DSS files the petition

to continue a voluntary placement agreement. The voluntary placement can remain in place only if

all parties continue to agree. If the Court continues the voluntary placement, then a Permanency

Planning Hearing must be held no later than 11 months after the out-of-home placement began.

Hearings to review the permanency plan must be held at least every 6 months thereafter until the

voluntary placement is terminated. If the child is placed in a psychiatric facility or a facility for the

developmentally disabled, then the appropriateness of the placement must be reviewed every 6

months. If the Court terminates the voluntary placement, then an order will be issued returning the

child to the child’s home with the necessary services and supports (CJP §3-819.2 (b)(1)).

The Court may order DSS to file a CINA Petition if necessary to ensure the care, protection, safety,

and mental and physical development of the child (CJP §3-819.1(b)(4)). The case would then

proceed as a CINA case.

Mediation is available to assist the parties with the resolution of the issues relating to the

permanency plan and is coordinated by the Permanency Planning Liaison.

VARIOUS OTHER PROCEDURES – JUVENILE/CHILD WELFARE

Postponements

Motions for postponement of hearings that do not need a finding of extraordinary cause which are

filed in Juvenile/Child Welfare matters will be ruled on by the County Administrative Judge or

his/her designee. These motions will only be granted on a showing of good cause.

Motions for postponement of any hearing that request the matter be postponed beyond the

statutorily mandated deadlines and that needs a finding of extraordinary cause will be ruled on by

the Juvenile Case Management Judge in Charge or the designee of the County Administrative Judge.

These motions will only be granted on a showing of extraordinary cause. Extraordinary cause is

that which is not foreseeable, usual or predictable.

Generally, scheduling conflicts and joint requests on their face do not constitute extraordinary

cause.

Postponement Procedures

PLEASE SEE THE ADMINISTRATIVE ORDERS THAT OUTLINE THE POSTPONEMENT POLICY FOR

CHILD WELFARE CASES IN THE CIRCUIT COURT FOR FREDERICK COUNTY AT:

https://www.mdcourts.gov/sites/default/files/import/clerks/frederick/pdfs/postponementtpran

dcina20220826.pdf

AND

https://www.mdcourts.gov/sites/default/files/import/clerks/frederick/pdfs/actingadminjudge20

220826.pdf

Emergency Hearings

If DJS or DSS file a request to hear one of the following types of emergencies, a hearing will be

scheduled as soon as possible and normally no later than 1:30pm on the same day:

 Request for Shelter Care

 Detention Hearing

 Change of Placement

 Request for Juvenile Warrant

 Apprehension on a Juvenile Warrant

 Violation of Home Electronic Monitoring

REQUESTS FILED AFTER 11:30 AM MAY NOT BE HEARD UNTIL THE FOLLOWING DAY THAT

THE COURT IS OPEN FOR BUSINESS.

Other requests for an Emergency Hearing filed by any party will be promptly reviewed by a judge

who will determine whether and when a hearing should be scheduled.

EXCEPTION TO REQUIREMENT TO FILE BY 11:30 AM – TRANSFER CASES

When a case is transferred from Adult to Juvenile Court and the youth remains detained, an

Emergency Hearing will be scheduled, without a request, on the next 1:30 p.m. emergency docket

after the State files the Delinquency Petition.

When the youth is not detained and a party requests an Emergency Hearing, the hearing will be

scheduled on the next 1:30 p.m. emergency docket after the State files a Delinquency Petition. A

motion for Emergency Hearing that sets out the relief requested must be filed.

Motions Process

All pleadings and motions must be filed with the Juvenile Division of the Office of the Clerk of the

Court and must comply with Md. Rule 1-321 – Service of pleadings and papers other than original

pleadings.

• Pursuant to Md. Rule 11-104(b) – Response, the motion will be held for the appropriate

length of time for written responses to be filed.

• When positions/responses are received from all parties or when the appropriate length of

time for filing written responses has expired, the file will be sent to a judge for review and

ruling.

• If a party wishes to shorten the normal response time to a motion, a motion to shorten time

to respond must be filed along with a separate proposed order. If the motion to shorten

time is made in the same pleading as the underlying motion, the title shall clearly state that

the party is requesting that the time be shortened, e.g., “Motion to Postpone Adjudication

Hearing and Motion to Shorten Time for Response.”

• A party making a motion to shorten time sh all specify a date and time to which the party

requests that the response time be shortened. The motion shall also include all attempts to

obtain positions from the other parties in the case. If a position cannot be ascertained, then

the moving party shall include all efforts made to contact that party, such as dates, times,

and forms of contact.

• The motion to shorten time and proposed orde r should be filed with the Juvenile Clerk’s

Office. The motion to shorten time will be reviewed by the case manager and parties whose

positions are not advanced in the motion shall be contacted for their positions, if time

permits. The file will then be sent to the appropriate judge for review and ruling.

• If a party desires a hearing, a request for hearing must be included in the underlying motion

or response. Pursuant to Md. Rule 11-104(c), the Court shall determine in each case

whether a hearing will be held.