St. Mary's Cnty. Cir. Ct. Juvenile DCM Plan (introduction)

ST. MARY’S COUNTY CIRCUIT COURT

Juvenile

Differentiated Case Management Plan

September 1, 2017

TABLE OF CONTENTS

Juvenile Differentiated Case Management Plan

Track 1 - Child In Need of Assistance, Non-Shelter Care

Track 2 – Child In Need of Assistance, Emergency Shelter Care

Track 3 – Termination of Parental Rights (Petition for Guardianship)

Track 4 – Custom

Adoptions without Prior Termination of Parent al Rights. . . 15

Private Adoptions (not involving the Departme nt of

Interpreters

ADA Accommodations

Juvenile Differentiated Case Management Plan

This Juvenile Differentiated Case Management (DCM) Plan is established

in accordance with Maryland Rule 16-302(b)(1)(A) which requires the County

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

Maryland Court of Appeals, implement and monitor a case management plan

for the prompt and efficient scheduling and disposition of cases filed in the

circuit court.

Statement of Purpose

This Juvenile DCM 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.

Essential components of the Juvenile DCM Plan include the review of

court processes and services that impact children and families to ensure

responsiveness and efficiency, and the 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 that will assure:

1. Equal treatment of all juveniles and families by the Court;

2. Timely disposition of cases consistent with circumstances of the

individual case;

3. Enhancement of the quality of the juvenile case process; and

4. Public confidence in the court as an institution.

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 all juvenile delinquency cases reach disposition

within 90 days of the filing of the petition; all child in need of assistance cases

reach disposition within 30-60 days of the filing of the petition, depending

upon its classification; and all Termination of Parental Rights cases are

resolved within 180 days of the filing of the petition.

Arraignments

Arraignments are scheduled within three weeks of the filing of the

petition. All juveniles are eligible for representation by the Office of the Public

Defender, and an attorney employed by the Office of the Public Defender will

enter his/her appearance in the respondent’s case, unless the appearance of

private counsel has been entered.

The respondent’s status pending the next hearing may be raised at the

arraignment by the State or the respondent’s attorney.

Discovery

Pursuant to Md. Rule 11-109, the State is required to provide discovery

to, and request discovery from the respondent within five days after the

arraignment hearing. The respondent shall furnish any discovery requests

within 10 days after a request is made.

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

facility or on community detention, in which case the adjudication hearing is

scheduled 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 allege 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 (DJS) is

requested, the disposition must be held within 30 days of adjudication, or

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

facility or is on community detention.

If a respondent is committed to the DJS for appropriate placement 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 placement plan review hearing must be

held annually, with reviews at 11 month intervals (or sooner) thereafter.

Postponements

No postponements beyond the statutorily required timeframes are

permitted, unless a finding of extraordinary cause by the administrative judge

or designee is determined.

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, shall stay

all proceedings and order that the Department of Health 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 say

imposed, and resume the matter in accordance with the standards specified in

this DCM Plan and the Maryland Rules.

If the respondent is found not competent, the Court may enter an order

for competency attainment services and schedule a review hearing within 90

days, and every 6 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 a result of a violation of probation, a

detention hearing will be scheduled for the next business day.

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 files a petition requesting the juvenile court to waive

jurisdiction over the respondent and transfer the case to adult criminal court,

the Court shall order the DJS to conduct a wavier investigation and issue a

report. A waiver hearing is scheduled prior to adjudication. The DJS requests

45 days to prepare the investigation report. A waiver hearing is scheduled

approximately one week after the due date of the report.

If the waiver petition is denied, adjudication in the juvenile court will

occur within 30 days of the denial. If the wavier petition is granted, the

juvenile petition, along with the order transferring the matter to adult

jurisdiction, shall serve as the charging document.

If the judge orders that the respondent be detained, the respondent will

be taken into custody by the sheriff and transported to the 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 may 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 DJS, the respondent/respondent’s attorney, or the State 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. Any case wherein the

respondent has reached the age of 21 or the respondent has received a

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

CHILD WELFARE TRACKS

CHILD WELFARE TRACK CHART

Track Case Subtype Expected Case

Duration

Track 1

CINA Protective

Supervision

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

Agency Adoption (After or

Without TPR)

Custom

Children in Need of Assistance (CINA) cases are fi led when the

Department of Social Services (DSS) asserts that a child needs court

intervention because the child has been abused or n eglected, has a

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

are unable or unwilling to give proper care and att ention 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 Ass istance – Emergency

Shelter Care. CINA cases are heard by the family magistrate.

Termination of Parental Rights cases are filed by the DSS. If the Court

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

living arrangement (APPLA) are no longer appropriate, at that time, the DSS

requests a change of plan to adoption. After a child is in care for 15 of the last

22 months, the DSS 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

a judge.

Voluntary Placement and Adoptions are Track 4 cases. Voluntary

placements are heard by the family magistrate and adoptions are heard by a

judge.

Filing/Preliminary Inquiry