St. Mary's Cnty. Cir. Ct. Juvenile DCM Plan 2

Shelter Care cases:

CINA petitions are filed by the DSS’ attorney. The child who is

the subject of the petition is appointed an attorney pursuant to CJP

Section 3-813, to represent his/her position or his/her best interests.

The Office of the Public Defender will represent the parent(s) if they

qualify for services. If the parent(s) do not qualify for public defender

representation, they shall be advised that they have the right to hire

private counsel.

Shelter Care Hearing

CINA petitions requesting shelter care must be scheduled for a 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 DSS.

Upon the granting of shelter care, the adjudication hearing is scheduled within

30 days.

The Court may not order shelter care for more than 30 days, except that

shelter care may be extended for up to an additional 30 days if the Court finds

after a hearing held as part of an adjudication that continued shelter care is

needed to provide for the safety of the child.

Adjudication

The adjudication hearing will be held within 60 days of the non-emergency inquiry, and within 30 days of the emergency shelter care hearing,

unless shelter care was not granted. 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

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 DSS for appropriate placement. Disposition also includes court

orders for family services, such as mental health and substance abuse

evaluations, therapy and parenting classes.

If the Court orders a specific placement of a child, the DSS may not

remove the child from the placement without a hearing, absent an emergency.

The DSS 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 DSS’ motion is filed.

Permanency Planning Hearing

When a child is found to be a child in need of assistance, a 6 month

interim hearing is required to be scheduled within 180 days of the date of the

filing of the CINA petition. If the Court waives the DSS’ obligation to make

reunification efforts, a permanency planning hearing must be held within 30

days of the waiver. The DSS may request this waiver if aggravated

circumstances exist. A permanency planning review hearing is scheduled

within 180 days thereafter, and every 6 months for as long as the CINA case

remains open. The Court must consult, on the record and in an age-appropriate manner, the child about the permanency plan at least once each

year.

A Permanency Placement Hearing shall be held no later than 11 months

after commitment or within 30 days after the Court finds that reasonable

efforts to reunify a child with parents or guardians are not required.

Postponements

No postponements beyond the statutorily required timeframes are

permitted, unless extraordinary cause is shown.

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 Court shall promptly schedule an exceptions hearing.

Permanency Planning Mediation

Permanency planning mediation between the parties is highly encouraged

and 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 CJS Section 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. Reports from CASA volunteers shall be provided to the

parties and the Court.

Track 3 – Termination of Parental Rights

Petitions for termination of parental rights are filed by the DSS’ attorney

within 30 days pursuant to Department of Human Services, Code of Maryland

Regulations, Section 07.02.11.16ef. The child who is the subject of the petition

is appointed an attorney pursuant to CJS Section 3-813, to represent his/her

position or his/her best interests. The Office of the Public Defender will

represent the parent(s) if they qualify for services. If the parent(s) do not

qualify for public defender representation, they must be advised that they have

the right to hire private counsel.

Scheduling

After the filing of the petition, the judge will issue a scheduling order

containing all future court dates.

Status Conference

A status conference is scheduled within 30-45 days after the filing of the

petition. The status conference is held in the judge’s chambers. All attorneys

are expected to attend the status conference in person, or by telephone if given

advance permission to do so by the Court. Discussion at the status conference

include whether or not service has been accomplished, dates by which

objections must be filed, scheduling for mediation regarding any pending

issues as well as post adoption contact agreements, and any other concerns of

the Court or the attorneys.

Pretrial Conference

A pretrial conference is scheduled within 60 days after the status

conference is held. The pretrial conference is held in judge’s chambers. All

attorneys are expected to attend the pretrial conference. Discussions at the

pretrial conference include the outcome of mediation, discovery issues, and any

other concerns of the Court or the attorneys.

Merits Trial

The merits trial is scheduled within 90 days after the status conference

is held but no later than 150 days from the filing of the petition, and must be

concluded within 180 days from the filing of the petition.

Uncontested Termination of Parental Rights Hearing

If an agreement is reached between the parties and consents are filed by

the parents, the termination 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 so long as it does not

delay the disposition of the case.

Guardianship Review Hearings

After the termination of parental rights is granted, the Court shall

schedule a guardianship review hearing within 180 days of the date of the

order terminating parental rights. Subsequent guardianship review hearings

shall be held every year until the case is closed because the child is adopted,

placed in a permanent custody or guardianship arrangement, or is

emancipated.

Postponements

No postponements beyond the statutorily required timeframes are

permitted, unless extraordinary cause is shown.

Track 4 – Custom

1. Voluntary Placement

A voluntary placement occurs when a child has a developmental

disability or mental illness and the child needs treatment or care for the child’s

disability that the parent is unable to provide. The parent enters into an

agreement with the DSS, and the child is placed in an appropriate placement

that can address his/her disability and work towards reunification. The Court

must approve the voluntary placement within 180 days.

Filing

A petition for voluntary placement is filed by the DSS’ 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 pursuant to CJS Section 3-813, to represent his/her position or

his/her best interests at the preliminary inquiry. The Office of the Public

Defender will represent the parent(s) if they qualify for services. If the parents

do not qualify for public defender representation, they must be advised that

they have the right to hire private counsel.

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.

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

No postponements beyond the statutorily required timeframes are

permitted, unless extraordinary cause is shown.

2. Adoptions

A child who is under the Court’s jurisdiction as the subject of a CINA

proceeding is only 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 6 months. The child who is the subject of the petition is

appointed an attorney pursuant to CJS Section 3-813, to represent his/her

position or his/her best interests.

Adoption cases filed as a result of the termination of parental rights

proceedings are processed by the judge’s chambers and scheduled for a

hearing as soon as possible, but no sooner than 10 days after the notice of

filing has been served pursuant to Sections 5-333, 5-334 and 5-546 of the

Family Law Article of the Annotated Code of Maryland. 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 the prior termination of parental rights

can be filed by prospective adoptive parent(s) with the consent of the DSS. A

child may be eligible for adoption without prior termination of parental rights

when both parents and the DSS consent, or one parent consents and the other

parent is deceased or cannot be located. The child who is the subject of the

petition is appointed an attorney pursuant to CJS Section 3-813, to represent

his/her position or his/her best interests. The Office of the Public Defender

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

qualify for public defender representation, they must be advised that they have

the right to hire private counsel.

Adoption cases filed without prior termination of parental rights

proceedings are processed by the judge’s chambers and scheduled for a

hearing no earlier than 30 days after the petition is filed and includes the

parent(s)’ consent. 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 Sections 5-333, 5-334 and 5-546 of the Family Law Article

of the Annotated Code of Maryland. The 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 Court shall dismiss the petition.

Private Adoptions (not involving the Department of Social Services)

If both parents have consented to a private adoption, the hearing shall be

scheduled within 30 days after the petition has been filed. If the parent(s) do

not consent, the hearing shall be scheduled as soon as possible after answers

have been filed by the parents, or defaults have been granted, not to exceed

180 days after the petition has been filed.

INTERPRETERS

1. Request for Interpreters

The Maryland Judiciary provides court interpreters at no cost for

hearings and proceedings conducted in court, as well as certain court-related

services and events, for individuals who are parties or witnesses in civil, family,

criminal and juvenile proceedings.

Counsel or the parties should submit a Request for Spoken Language

Interpreter (CC-DCA87) to the court administrator not less than 30 days before

the proceeding for which the interpreter is requested. Uncommon languages

and dialects may require additional time to schedule an interpreter, based on

the availability of an interpreter for that language.

2. Cancellation of Interpreter

If it becomes apparent that an interpreter will not be needed on the

assigned trial or hearing date, counsel or the parties shall submit a written

notice to the court administrator no later than 48 hours prior to the scheduled

proceeding (not including legal holidays).