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RULE 11-423. REVISORY POWER; POST-DISPOSITION HEARINGS

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 11-423
RULE 11-423. REVISORY POWER; POST-DISPOSITION HEARINGS
(a) Generally. The court may modify or vacate an order if the court finds that action to be in the best interest of the respondent or the public.
(b) On Motion, Own Initiative, or Recommendation.
(1) On Motion. The court may exercise its authority under this Rule on motion of any party. A motion shall state with particularity the grounds on which the relief is requested. The court may grant or deny the relief, in whole or in part, without a hearing.
(2) Own Initiative. The court may exercise its authority under this Rule on its own initiative. If it proposes to do so, the court shall notify the parties of its intent and inform them of the right to respond and request a hearing within 10 days. The court may not modify or vacate an order earlier than 10 days after the issuance of the notice. If a timely request for a hearing is made, the court shall conduct a hearing.
(3) On Recommendation. The court may exercise its authority under this Rule on written recommendation to the court by the appropriate governmental agency exercising supervision or custody of the respondent. The governmental agency making the recommendation shall (A) notify the parties of the recommendation and provide a copy of the recommendation to the parties, (B) inform the parties of the right to respond and request a hearing within 10 days from the date the notice was sent, and (C) provide a copy of the notice and recommendation to the court, accompanied by a statement of the date that notice was sent. A response or request for a hearing shall be filed with the clerk. The court may not act on the recommendation earlier than 10 days from the date that notice is issued, unless the parties consent in writing to the entry of an order implementing the recommendation. If a timely request for a hearing is made, the court shall conduct a hearing.
Committee note: This Rule is not intended to preclude a governmental agency from making a recommendation in writing in advance of a scheduled hearing or on the record in a court proceeding.
(c) Commitment to Maryland Department of Health. If the order sought to be modified or vacated committed the respondent to the Department of Health pursuant to Code, Courts Article, § 3-8A-19(h), (i), or (j), the court shall proceed in accordance with those sections.
Cross reference: Code, Courts Article, § 3-8A-19(h) addresses the commitment of a child to the custody of the Department of Health for inpatient care and treatment in a State mental hospital. Subsection (i) of that statute addresses commitment of a child to the custody of the Department of Health for inpatient care and treatment in a State mental retardation facility. Subsection (j) of that statute addresses the requirement that a commitment order issued under either subsection (i) or (j) must require the Department of Health to file certain progress reports.
Source: This Rule is derived in part from former Rule 11-116 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022. Amended Sept. 30, 2022, eff. Jan. 1, 2023.]
MD Rules, Rule 11-423, MD R JUV CAUSES Rule 11-423
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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