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RULE 11-505. PEACE ORDER PROCEEDINGS

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 11-505
RULE 11-505. PEACE ORDER PROCEEDINGS
(a) Applicability. This Rule applies to proceedings authorized under and governed by Code, Courts Article, §§ 3-8A-19.1 through 3-8A-19.5. Unless specifically incorporated in this Rule, the procedures set forth in Code, Courts Article, Title 3, Subtitle 15 and Rule 3-731 are not applicable.
Cross reference: See Code, Courts Article, § 3-1502 (b).
(b) Definition. In this Rule, “victim” means an individual against whom an act set forth in Code, Courts Article, § 3-8A-19.1 (b) was committed or is alleged to have been committed.
(c) Confidentiality of Records. The confidentiality provisions stated in Code, Courts Article, § 3-8A-27 and Title 16, Chapter 900 of the Maryland Rules apply to court records pertaining to a child who is or was the subject of a proceeding under this Rule.
(d) Request for Peace Order.
(1) Who May File. A request for a peace order may be filed by a Department of Juvenile Services intake officer pursuant to Code, Courts Article, § 3-8A-19.1 (b)(1) or a State's Attorney pursuant to § 3-8A-19.1 (b)(2).
(2) Where Filed. A request shall be filed in the county where the alleged act occurred subject to transfer as provided in Code, Courts Article, § 3-8A-09.
Cross reference: See Code, Courts Article, § 3-8A-08 (c).
(3) Content. The request shall allege that the child committed one or more of the acts set forth in Code, Courts Article, § 3-8A-19.1 (b) against a victim within 30 days before the filing of the request.
(4) Summons; Service. Upon the filing of a request, the clerk shall issue a summons for the child, the parent, guardian, or custodian of the child, and the victim to appear for a hearing at the time and place stated in the summons. The request and summons shall be served on the child and the parent, guardian, or custodian of the child pursuant to Rule 2-121. The summons shall be served on the victim. If the summons is not served within 180 days, the court shall dismiss the request.
(e) Right to Hearing. The child has a right to be heard on the question of whether a peace order should be issued.
(f) Issuance of Peace Order.
(1) Findings. The court may issue a peace order if:
(A) the court finds by clear and convincing evidence that the child has committed and is likely in the future to commit an act set forth in Code, Courts Article, § 3-8A-19.1 (b) against the victim; or
(B) the child consents to the issuance of the peace order.
(2) Order by Magistrate. Relief pursuant to this Rule may be ordered by a magistrate subject to review by a judge upon request. A request for review shall be made within two days after entry of the order.
(g) Forms of Relief.
(1) Generally. A peace order may contain any of the relief set forth in Code, Courts Article, § 3-8A-19.2 (c)(1).
(2) Limitations.
(A) The order shall contain only the relief that is minimally necessary to protect the victim.
(B) Relief granted in the peace order shall be effective for the period stated in the order, not to exceed six months.
(h) Service of Peace Order. A copy of the peace order shall be served on the victim, the child, the child's parent, guardian, or custodian, the appropriate law enforcement agency, and any other person directed by the court. If the person to be served is present at a hearing, the order shall be served at that time. Otherwise, the order shall be served by first class mail to the person's last known address.
(i) Modification; Rescission. After giving notice to the victim and the child, and conducting a hearing, the court may modify or rescind the peace order during the term of the order.
Cross reference: See Code, Courts Article, § 3-8A-19.5 regarding violations of a peace order.
Source: This Rule is new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-505, MD R JUV CAUSES Rule 11-505
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
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