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RULE 11-503. VOLUNTARY PLACEMENT

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 500. Other Proceedings
Effective: January 1, 2022
MD Rules, Rule 11-503
RULE 11-503. VOLUNTARY PLACEMENT
Currentness
(a) Applicability; Definitions.
(1) Applicability. This Rule applies to voluntary placement proceedings under Code, Courts Article, Title 3, Subtitle 8 and Code, Family Law Article, § 5-525.
(2) Definitions. In this Rule, the following definitions apply:
(A) Former CINA. “Former CINA” means an individual who (i) has been found to be a CINA, (ii) is at least 18 years old but under the age of 21 years, and (iii) is subject to the jurisdiction of the court pursuant to Code, Courts Article, § 3-804 (a)(2).
(B) Voluntary Placement Agreement. “Voluntary placement agreement” has the meaning stated in Code, Family Law Article, § 5-501 (m).
(C) Voluntary Placement Petition. “Voluntary placement petition” means a petition filed pursuant to this Rule.
(b) Who May File. A voluntary placement petition may be filed only by a local department.
(c) Where Filed.
(1) Child under Age 18. The voluntary placement petition for a child under the age of 18 years shall be filed in the county where a parent or legal guardian of the child resides.
(2) Former CINA. The voluntary placement petition for a former CINA shall be filed in the county where:
(A) the former CINA's commitment to the local department was rescinded; or
(B) the former CINA receives voluntary placement services.
(3) Transfer. If a voluntary placement petition is filed in a county other than the county in which the child or the former CINA resides, the court may transfer the case in accordance with Code, Courts Article, § 3-805 (b).
Cross reference: See Code, Courts Article, § 3-805 (a)(2) concerning venue for filing.
(d) Caption. The voluntary placement petition shall be captioned “Matter of the Voluntary Placement of ..........”
(e) Content.
(1) Child under Age 18. The voluntary placement petition for a child under the age of 18 years shall be accompanied by a copy of the voluntary placement agreement and shall state:
(A) the name and address of the petitioner and the basis of the petitioner's authority to file the petition pursuant to section (b) of this Rule;
(B) the name, address, and birth date of the child who is the subject of the petition;
(C) the name of the person with whom the child is placed and the address of the child's out-of-home placement;
(D) the name and address of each parent or guardian of the child, if known;
(E) the facts supporting the finding that it is in the best interest of the child that the voluntary placement continue; and
(F) the name and address of each witness known at the time the petition is filed whom the petitioner intends to call to testify in support of the petition.
(2) Former CINA. The voluntary placement petition for a former CINA shall be accompanied by a copy of the voluntary placement agreement and shall state:
(A) the name and address of the petitioner and the basis of the petitioner's authority to file the petition pursuant to section (b) of this Rule;
(B) the name, address, and birth date of the former CINA who is the subject of the petition;
(C) that the former CINA's commitment to a local department was rescinded after the individual reached the age of 18 years but before the individual reached the age of 20 years and 6 months;
(D) that the former CINA did not exit foster care due to reunification, adoption, guardianship, marriage, or military duty;
(E) the facts supporting the finding that it is in the best interest of the former CINA that the voluntary placement continue; and
(F) the name and address of each witness known at the time the petition is filed whom the petitioner intends to call to testify in support of the petition.
(3) Amendment. With the approval of the court, a voluntary placement petition may be amended at any time prior to the conclusion of the first voluntary placement hearing.
(f) Signature. The voluntary placement petition shall be signed by an attorney for the petitioner.
(g) Summons; Service.
(1) Summons. Upon the filing of a petition, the clerk shall issue a summons in accordance with Rule 11-106.
(2) Service.
(A) Generally. Service shall be made in accordance with Rule 11-107.
(B) Child under Age 18. The petition for a child under the age of 18 years shall be served on the child, the attorney for the child, each living parent, and each guardian.
(C) Former CINA. The petition for a former CINA shall be served on the former CINA and the last attorney of record in the CINA proceeding for the former CINA.
(h) Response. A party served with a petition may file a written response that admits or denies all or any of the facts alleged in the petition. Any allegation not admitted in the response is deemed denied. At any time before disposition, the court, in the interest of justice, may permit an admission in a response to be withdrawn.
(i) Confidentiality of Records.
(1) Generally. All court records in a proceeding under this Rule are confidential and may not be disclosed, by subpoena or otherwise, except by order of court on good cause shown, or as permitted by Code, Courts Article, § 3-827 or Code, Human Services Article, § 1-202.
(2) Sealing. On motion, petition, or on its own initiative, and for good cause shown, the court may order the court records of a child sealed and shall order them sealed after the child has reached the age of 21 years. If sealed, court records of a child may not be opened, for any purpose, except by order of court for good cause shown.
(j) Representation of Child or Former CINA.
(1) Generally. A child or former CINA who is the subject of a petition for voluntary placement shall be represented by an attorney. The right to an attorney for a child under the age of 18 years may not be waived.
(2) Source of Attorney. Unless the court finds that it would not be in the best interests of the child or former CINA, the court shall (A) appoint an attorney with whom the Department of Human Services has contracted to provide that service, and (B) if another attorney has entered an appearance for the child or former CINA, strike the appearance of that attorney.
(k) Discovery. The court may enter orders pertaining to disclosures as justice may require.
(l) Study or Examination; Emergency Medical Treatment.
(1) Study; Examination. The court may order a study or examination as provided in Code, Courts Article, § 3-816.
(2) Emergency Medical Treatment. The court may order emergency medical, dental, surgical, or psychiatric treatment of a child who is the subject of a petition under this Rule as provided in Code, Courts Article, § 3-824 and Rule 11-211.
(m) Hearing.
(1) Requirement. Within 30 days after a voluntary placement petition is filed, the court shall hold a voluntary placement hearing and make findings as required by subsection (m)(2) of this Rule. For a child under the age of 18 years, the hearing shall be held prior to the child's 18th birthday.
(2) Findings.
(A) Child under Age 18. For a child under the age of 18 years, the court shall make findings as to whether:
(i) continuation of the placement is in the child's best interests; and
(ii) reasonable efforts have been made to reunify the child with the family or to place the child in a timely manner in accordance with the child's permanency plan.
Cross reference: See Code, Family Law Article, § 5-525 (b)(1)(i) and (iii) regarding minor children. See Code, Family Law Article, § 5-525 (b)(2)(ii), requiring approval of a juvenile court for a continuation beyond 180 days of an out-of-home placement pursuant to a voluntary placement agreement.
(B) Former CINA. For a former CINA, the court shall make findings as to whether a continuation of the voluntary placement is in the best interest of the former CINA.
Cross reference: See Code, Family Law Article, § 5-525 (b)(3) regarding former CINAs.
(3) Review Hearings. The court shall conduct a hearing to review the status of the child as required by Code, Courts Article, § 3-816.2.
(n) Disposition.
(1) Child under Age 18. Following the hearing for a child under the age of 18 years, the court shall enter an order making a disposition in accordance with Code, Courts Article, § 3-819.1 (b).
(2) Former CINA. Following the hearing for a former CINA, the court shall enter an order making a disposition in accordance with Code, Courts Article, § 3-819.1 (c).
Cross reference: See Code, Courts Article, § 3-819.1 concerning voluntary placement hearings.
(o) Modification or Vacation of Order. An order of the court entered in a voluntary placement proceeding may be modified or vacated if the court finds that action to be in the best interest of the child unless a provision in Code, Courts Article, Title 3, Subtitle 8 provides otherwise.
(p) Permanency Plan Hearing.
(1) Determination of Permanency Plan. The court shall hold a permanency plan hearing to determine the permanency plan for a child under the age of 18 years no later than 11 months after a child continued in a voluntary placement under Code, Courts Article, § 3-819.1 (b) enters an out of home placement. At that hearing, the court shall determine the child's permanency plan in accordance with Code, Courts Article, § 3-823 (e), (f), and (g).
(2) Periodic Reviews.
(A) Once a permanency plan has been approved pursuant to subsection (p)(1) of this Rule, the court shall hold periodic review hearings at the times set forth in Code, Courts Article, § 3-823 (h)(1) to review the current plan.
(B) Notice of the hearing and an opportunity to be heard shall be provided to the parties and other individuals as required by Code, Courts Article, § 3-816.3.
Cross reference: See Code, Courts Article, § 3-816.3 for notice to the child's foster parent, preadoptive parent, or caregiver.
(C) At the review hearing, the court shall consider any written report of a local out-of-home care review board required under Code, Family Law Article, § 5-545 and make the determinations and take the actions required by Code, Courts Article, § 3-823 (h)(2).
(D) At least every 12 months, the court, at a review hearing, shall consult on the record with the child as required by Code, Courts Article, § 3-823 (j).
(q) Continuing Jurisdiction. If the court obtains jurisdiction over a child, that jurisdiction continues in that case until the child reaches the age of 21 years, unless the court terminates the case.
Cross reference: See Code, Courts Article, § 3-804 (b), providing that jurisdiction over a child in voluntary placement continues until the child is age 21, unless the court terminates the case.
Source: This Rule is new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-503, MD R JUV CAUSES Rule 11-503
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
End of Document