Frederick Cnty. Cir. Ct. Juvenile/Child Welfare DCM Plan (introduction)

FREDERICK COUNTY CIRCUIT COURT

JUVENILE/CHILD WELFARE

DIFFERENTIATED CASE

MANAGEMENT PLAN

January 2023

This Plan has been approved by the County Administrative Judge of the Circuit Court for Frederick

County, upon authority of the Chief Justice of the Supreme Court of Maryland.

Juvenile/Child Welfare Differentiated

Case Management Plan

Table of Contents

Juvenile/Child Welfare Differentiated

Case Management Plan

OVERVIEW

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

County Administrative Judge to develop and, upon approval by the Chief Justice of the Supreme

Court of Maryland, 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, the Frederick County Circuit Court's Juvenile Division

seeks to handle each case fairly and to resolve each case promptly, according to applicable statutes,

Maryland Rules, and administrative case time standards.

Statement of Purpose

This Juvenile Differentiated Case Management Plan has been created to integrate statutorily

mandated time frames with caseflow events and court policy to promote the fair and efficient

management of sensitive 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 Differentiated Case Management Plan include (1) review of

court processes and services that impact children and families to ensure responsiveness and

efficiency and (2) evaluation of performance to address case processing issues as they arise.

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

assure:

 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 Juvenile Case

Management Judge and Juvenile Case Management Magistrate (as designated by the County

Administrative Judge), the Deputy Court Administrator, the Permanency Planning Liaison, and

various Assignment Office and Clerk’s Office staff. The Juvenile Case Management Judge and

Juvenile Case Management Magistrate report to the County Administrative Judge, who supervises

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

monitoring of this plan, pursuant to Md. Rule 16-302(b). The County Administrative Judge

designates certain magistrates and judges to hear the various juvenile matters and makes final

decisions about whether and to whom a case should be assigned, when necessary.

All judges are responsible to comply with, and implement in their rulings, the provisions of this

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

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

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

including adherence to the case time standards.

TRACK DESIGNATIONS AND STATUTORY DEADLINES

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

delinquency and dependency categories. Tracks are defined at filing by the Clerk’s Office, 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. Expected case duration is based on needed time to

reach resolution, which may be less than the time standard.

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

of the juvenile or appearance of counsel

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

children that are in a shelter and within 60 days for juveniles that are not in a shelter;

 Termination of parental rights cases – 100% should be concluded within 180 days; and

 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

 Voluntary placement

Juvenile Delinquency Cases

Table 1.1 – Juvenile Delinquency Tracks, Case Types and Outcomes

Track Case Subtypes Expected Case Duration and Notes

Track 0:

Peace Order

Petition for entry of Peace Order 25 days

Track 1:

Standard

Delinquency cases without a detention

petition

90 days – Adjudication within 60

days and Disposition within 90 days

Track 2:

Complex

Delinquency cases with a detention petition 90 days – Adjudication within 30

days and Disposition within 90 days

STATUTORY DEADLINES IN JUVENILE DELINQUENT CASES

HEARING DEADLINE SOURCE

Detention After Respondent is placed in detention, a petition requesting continued detention must be filed no later than

the next day the Court is sitting. A hearing shall be held on the day the petition is filed

Md. Rule 11-406

CJP §3-8A-15(d)(3)

Initial Appearance Only if Non-Detention: to be set within 14 days of the filing of the petition

Status Will be held within 14 days of the Initial Appearance, if the respondent does not obtain counsel

Adjudicatory Hearing Non‐Detained: an Adjudicatory hearing shall be held within 60 days after service of the Petition Md. Rule 11-421(2)

Detained: an Adjudicatory hearing shall be held within 30 day from the date on which the Court ordered

continued detention, community detention, or shelter

Md. Rule 11-421(3)

NOTE: Even if the case started out as a non-detention case, it falls within the statutory guidelines above once

the Respondent is detained, sheltered or placed on Community Detention (CD).

CJP §3-8A-15(d)

Competency To be heard 15 days after receipt of expert’s evaluation and report. (For good cause, the Court may extend the

time for an additional 15 days.)

Md. Rule 11-416(b)

Waiver Detained: the waiver hearing must be held within 30 days after the date a petition for detention or community

detention is granted

Md. Rule 11-410

(d)(3)(8)

Non‐Detained: if the child is not detained or on community detention, the waiver hearing shall be held within

30 days after service of the waiver petition

Md. Rule 11-

410(d)(3)(B)

Post Waiver

Adjudicatory Hearing

If a waiver is denied, the adjudicatory hearing shall commence within 30 days, unless the respondent is in

detention, community detention or shelter care and then the adjudicatory hearing shall commence within 14

days

Md. Rule 11-421(b)(4)

Disposition Non‐Detained: shall be held no later than 30 days after the conclusion of the Adjudicatory hearing Md. Rule 11-

422(b)(3)(A)

Detained: (includes CD) shall be held no later than 14 days after the Adjudicatory hearing Md. Rule 11-(b)(3)(B)

Pending Placement

Status

If the Respondent is detained for the specific act for which he/she has been adjudicated delinquent for more

than 25 days after the Court has made its disposition, a hearing shall be held on the first available court date

after the 25th day so that DJS can explain the reason for the continued detention to the Court. A hearing shall be

conducted every 25 days thereafter as long as the respondent remains detained.

Md. Rule 11-423(b)

Review Hearing If the Respondent is committed to the custody of the Maryland Department of Health pursuant to CJP §3-8A-

19(h) or CJP §3-8A-19(i), a review hearing shall be held no later than 6 months after the commitment and at

intervals no greater than every 6 months thereafter.

CJP §3-8A-19(J)

Child Welfare Cases

Table 1.2 – Child Welfare Tracks, Case Types and Outcomes

Track Case Subtypes Expected Case

Duration and Notes

Track 1:

CINA Shelter

Child in need of assistance (CINA) cases with

shelter care or shelter care petition

30 days

Track 2:

CINA Non-Shelter

Child in need of assistance (CINA) cases with

no shelter care or shelter care petition

60 days

Track 3:

Termination of Parental Rights