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RULE 11-406. DETENTION; COMMUNITY DETENTION; SHELTER CARE

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 400. Delinquency and Citation Proceedings (Refs & Annos)
Effective: January 1, 2023
MD Rules, Rule 11-406
RULE 11-406. DETENTION; COMMUNITY DETENTION; SHELTER CARE
(a) Placement in Detention, Community Detention, or Shelter Care.
(1) Who May Authorize. Only the court or an intake officer may authorize detention, community detention, or shelter care for a child alleged to be a delinquent child.
(2) Limitation on Place of Detention. A child alleged to be a delinquent child may not be detained in a jail or other facility for the detention of adults.
Cross reference: See Code, Courts Article, § 3-8A-15 (a) and (g).
(b) Emergency Placement Prior to Hearing.
(1) Emergency Detention. A child taken into custody may be placed in emergency detention prior to a hearing under the conditions set forth in Code, Courts Article, § 3-8A-15 (b).
(2) Emergency Shelter Care. A child taken into custody may be placed in emergency shelter care prior to a hearing under the conditions set forth in Code, Courts Article, § 3-8A-15 (c).
(3) Emergency Community Detention. A child may be placed in emergency community detention prior to a hearing under the conditions set forth in Code, Courts Article, § 3-8A-15 (b) or (c).
(c) Continued Detention, Community Detention, or Shelter Care
(1) Who May Authorize. Only a judge or a magistrate may order continued detention, community detention, or shelter care.
(2) Basis, Conditions, and Limitations. Continued detention, community detention, and shelter care may be ordered subject to the conditions and limitations set forth in Code, Courts Article, § 3-8A-15(d) through (f).
(3) Requirement of Petition. Unless a child placed in emergency detention, community detention, or shelter care has been released, an intake officer, on or before the next day after the placement, shall file a petition to authorize continued detention, community detention, or shelter care.
(4) Contents of Petition
(A) Generally. A petition to authorize continued detention, community detention, or shelter care shall state the allegations supporting the relief sought.
(B) Detention. If continued detention is sought, the petitioner shall:
(i) state sufficient details of the alleged delinquent act for the court to make a determination as to whether there is probable cause to believe that the juvenile committed the act;
(ii) state the reasons for emergency detention;
(iii) state sufficient information for the court to make a determination that the detention is permitted by Code, Courts Article, §§ 3-8A-15(b)(3) and 3-8A-19.7; and
(iv) attach to the petition a copy of the results of a risk scoring instrument as defined by Code, Courts Article, § 3-8A-15(b)(2).
(C) Shelter Care. If continued shelter care is sought, the petition shall state:
(i) that continuation of the child in the child's home is contrary to the welfare of the child and removal of the child from the child's home is reasonable under the circumstances due to an alleged emergency situation and in order to provide for the safety of the child; or
(ii) that reasonable but unsuccessful efforts have been made to prevent or eliminate the need for removal from the child's home and, as appropriate, reasonable efforts are being made to return the child to the child's home.
Cross reference: See Code, Courts Article, § 3-8A-15(e) concerning the grounds for continued detention or community detention and Code, Courts Article, â3-8A-15(f) concerning the grounds for continued shelter care.
(d) Notice. The petitioner shall give reasonable notice, oral or written, of the time, place, and purpose of the hearing to the child and to the child's parent, guardian, or custodian, if that person can be found.
(e) Grounds for Continued Detention, Community Detention, or Shelter Care
(1) Detention or Community Detention
(A) Generally. Detention or community detention may not be continued unless, in an order entered at or after a hearing, the court finds that (i) there was probable cause for the detention or community detention and (ii) there are reasonable grounds to find either (a) that continued detention or community detention is required to protect the child or others or (b) that the child is likely to leave the jurisdiction of the court. For a child in detention, the court also shall make a finding that the detention is permitted by Code, Courts Article, §§ 3-8A-15(b)(3) and 3-8A-19.7.
(B) Release on Conditions. If the time requirements of Code, Courts Article, § 3-8A-15(d)(6)(i) are not met, the court shall release the child from detention or community detention on such terms and conditions as the court deems appropriate for the protection of the child and the safety of the community.
(2) Shelter Care. Shelter care may not be continued unless, in an order entered at or after a hearing, the court makes the findings set forth in Code, Courts Article, § 3-8A-15(f).
(f) Child in Detention--Required Actions
(1) Plan for Release. Within 10 days after a court orders detention of a child, the Department of Juvenile Services shall submit a plan to the court for releasing the child into the community.
Cross reference: See Code, Courts Article, § 3-8A-15(l).
(2) Review Hearing. Within 14 days after the court orders detention of a child, and every 14 days thereafter, the Department of Juvenile Services shall appear at a hearing before the court with the child to explain the reasons for continued detention.
Cross reference: See Code, Courts Article, § 3-8A-15(k).
(g) Review of Magistrate's Continued Detention, Community Detention, or Shelter Care Determination.
(1) Request. If a hearing under this Rule was conducted by a magistrate, a party may request immediate review of an order orally at the hearing or in writing.
(2) Review by Judge. Not later than the next day following a request for immediate review, a judge of the court shall review the file, any exhibits, and the magistrate's findings and order and shall afford the parties an opportunity for a hearing on the record or de novo review.
Cross reference: See Code, Courts Article, § 3-8A-04 and § 3-807(d).
Source: This Rule is derived in part from former Rule 11-112 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021 and amended Dec. 22, 2021, eff. Jan. 1, 2022. Amended Sept. 30, 2022, eff. Jan. 1, 2023.]
MD Rules, Rule 11-406, MD R JUV CAUSES Rule 11-406
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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