Queen Anne's Cnty. Cir. Ct. Juvenile DCM Plan I

It is the goal of this plan to ensure that all juvenile matters be concluded within the Case

Time Standards adopted by the Judicial Council, Constitutional requirements and applicable Md.

Rules. To achieve this goal, the Circuit Court for Queen Anne’s County is committed to

resolving different categories of cases within a regular and predictable time frame warranted by

the needs of those cases.

A. DELINQUENCY

When a petition for continued detention is filed b y the Department of Juvenile Services

(DJS), the magistrate and/or the county administrative judge are notified for the purpose of

coordinating a date and time for a continued detention hearing with the state’s attorney, public

defender or defense counsel, and the DJS. A hearing on the petition is scheduled the next day

that court is in session, unless extended not more than five (5) business days for good cause

shown. (Md. Code, Courts and Judicial Proceedings, §3-8A-15(d)(2)).

The court holds two (2) regularly scheduled delinq uency dockets each month, but matters

may be specially set to accommodate specific circumstances and ensure compliance with time

standards. With very limited exceptions, delinquency proceedings are held in a closed

courtroom and only those individuals who are a party to the case, a representative of an agency

working with the family or otherwise have a direct interest in the proceeding are permitted in the

courtroom.

When a delinquency petition is filed by the state’ s attorney, the clerk schedules dates for

the initial appearance and adjudication on the dates designated on the court’s calendar and issues

appropriate summonses. The initial appearance will be removed from the docket if an attorney

enters his or her appearance for the juvenile respondent. At the initial appearance, the magistrate

confirms that the respondent and the respondent’s parents have received copies of the petition

and advises the juvenile of the right to representation by counsel and the location and availability

of the Office of the Public Defender. If the respondent is in detention, his/her detention status is

reviewed.

If the respondent is found to be involved as to an y of the allegations in the petition at the

adjudication, a disposition hearing will be scheduled at the conclusion of the adjudicatory

hearing. Disposition is set within thirty (30) days after adjudication. However, disposition can

be held on the same day as adjudication if the parties and the magistrate agree it is appropriate to

do so and a waiver of notice of separate disposition and waiver of the right to file exceptions

have been noted on the record.

If a juvenile is found to be delinquent (i.e., the child has committed a delinquent act and

requires guidance, treatment or rehabilitation), the court may place the respondent on probation

or commit respondent to the custody of the DJS for an appropriate placement. If a probation

order is issued, a review hearing may be scheduled depending on the circumstances of the case.

If the respondent is committed to the DJS for placement, the review is scheduled within thirty

(30) days to ensure that the placement has been made and that the respondent is not lingering in

detention. The DJS files a certificate of implementation (COI) in every case in which a juvenile

is found delinquent. A review hearing will be held in those cases where a COI is not timely

filed. Periodic reviews of cases may also be scheduled when requested by a party or agency and

deemed appropriate by the court.

If the DJS or the state’s attorney’s office determ ines that a respondent on probation is not

compliant with terms of supervision, it may file a petition for revocation or revision with the

court. Upon filing, the court will issue a show cause order establishing dates for both an initial

appearance and adjudication. A show cause hearing is set within 30-45 days, on one of the

designated delinquency dates on the court’s calendar. Proceedings on a petition for revocation or

revision (also referred to as “violation of probation”) occur in the same manner as described

above for an initial adjudication and disposition.

Juvenile delinquency matters are typically schedul ed before the magistrate. If exceptions

to the magistrate’s recommendations are filed, an exceptions hearing is scheduled before the

judge as soon as is practicable and in accordance with the timelines established by the Maryland

Rules.

B. CHILD WELFARE

(1) CHILD IN NEED OF ASSISTANCE (CINA)

When the Queen Anne’s County Department of Social Services (DSS) files a petition for

emergency shelter care of a child, counsel for the DSS contacts the assignment office so a

hearing may be scheduled. A hearing is held no later than the next day in which court is in

session, unless extended upon good cause shown. (Md. Code, Courts and Judicial Proceedings,

§3-815(c)(2)(ii). Once provided with a date and time, counsel for DSS contacts the Office of the

Public Defender CINA Division and the attorney for children as designated by contract with the

Maryland Department of Health, to notify them of the date and time of the hearing. Counsel for

the DSS also notifies CASA of Mid Shore, Inc. that a petition has been filed and provides CASA

personnel with a copy of the petition.

At the shelter care hearing, parents are advised of their right to counsel, the nature of the

proceedings and other obligations to the court. The court determines whether continued

placement of the child outside the home is warranted. Normally, shelter care and CINA petitions

are filed simultaneously, but a CINA petition may be filed without an initial request for shelter

care.

Adjudication on the CINA petition is scheduled within thirty (30) days of the date of

filing, unless a shelter care hearing occurs. A court appointed special advocate (CASA)

volunteer may be appointed through CASA of Mid Shore, Inc. before or after adjudication.

Unless good cause is shown, adjudication and disposition hearings are held on the same day. If

good cause is shown, disposition may be deferred for not more than thirty (30) days.

Following disposition, CINA cases are reviewed regularly depending upon the specific

needs and circumstances of the child. The court holds an initial permanency hearing no later than

11 months after an out-of-home placement and the plan is reviewed at least every six (6) months

thereafter.

(2) VOLUNTARY PLACEMENT

The DSS will file a petition for review of voluntary placement for a child who has been

placed out of the home pursuant to a voluntary placement agreement for more than six (6)

months. Within thirty (30) days after a voluntary placement petition is filed, the court holds a

voluntary placement hearing to determine if continuation of the placement is in the child’s best

interests. Reviews are scheduled every six (6) months thereafter until such time as the voluntary

placement agreement is terminated.

(3) GENERALLY

At least once every 12 months, the court consults on the record with the child in an age-appropriate manner.

The court holds one (1) regularly scheduled child welfare docket each month, but matters

may be specially set to accommodate specific circumstances and ensure compliance with time

standards. Child welfare review hearings are held in a closed courtroom, excluding those who

are not a party to the case, a representative of an agency working with the family or a

representative of CASA.

Child welfare matters are typically scheduled before the magistrate. If exceptions to the

magistrate’s recommendations are filed, an exceptions hearing is scheduled before the judge as

soon as is practicable and in accordance with the timelines established by the Maryland Rules.

C. TERMINATION OF PARENTAL RIGHTS (TPR)

When the Queen Anne’s County Department of Social Services files a petition for

guardianship, the case is forwarded to the magistrate or judge for immediate review and the

issuance of show cause orders.

A show cause hearing is set 45-60 days after the filing of the petition for guardianship

before the judge. The hearing and all orders emanating from the results of the hearing are

concluded and finalized within 180 days from the date the petition is filed.

If an order for guardianship is entered, the child’s CINA case is terminated and reviews

are scheduled by the juvenile court at least every six (6) months until an adoption is finalized.

Reviews are both scheduled and conducted in the same manner as in child welfare matters.

At least every 12 months, the court must consult on the record in an age-appropriate

manner with the child under guardianship to obtain the child’s views on permanency.

Guardianship reviews are typically scheduled before the magistrate. If exceptions to the

magistrate’s recommendations are filed, an exceptions hearing is scheduled before the judge as

soon as is practicable and in accordance with the timelines established by the Maryland Rules.

D. ADOPTION

When a petition for adoption is filed, the case is forwarded to the county administrative

judge for review. The case is reviewed by the county administrative judge, with the support of

the judge’s judicial clerk, using a checklist to ensure that it complies with all legal requirements.

To the extent required, a judge issues a show cause order, appoints counsel and causes the

preparation of a home study or investigation. If the petition is in order, and once all the

supporting documents are filed, the county administrative judge sets a date for a hearing as soon

as is practicable on the court’s calendar. The proceedings are closed to anyone who is not an

interested party or counsel for an interested party.