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RULE 11-422. DISPOSITION HEARING AND ORDER

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 11-422
RULE 11-422. DISPOSITION HEARING AND ORDER
(a) Generally. Upon a finding that the allegations of the delinquency petition that the child committed one or more delinquent acts or citation have been proven beyond a reasonable doubt, the court shall hold a separate disposition hearing, unless such hearing is waived in writing by all of the parties.
(b) Time for Hearing.
(1) Citation. In a citation proceeding, the disposition hearing shall be held on the same day as the adjudicatory hearing unless the court, for good cause, orders otherwise.
(2) Delinquency Petition. In a delinquency petition proceeding, the disposition hearing may be held on the same day as the adjudicatory hearing if notice of the disposition hearing is waived on the record by all parties.
(3) If Not Held on Same Day
(A) If the disposition hearing is not held on the same day as the adjudicatory hearing and the respondent is not in detention or community detention, the disposition hearing shall be held not later than 30 days after the conclusion of the adjudicatory hearing.
(B) If the respondent is in detention or community detention, the disposition hearing shall be held no later than 14 days after the conclusion of the adjudicatory hearing, unless the detention is extended in conformance with Code, Courts Article, § 3-8A-15 (d)(6).
(c) Priorities in Disposition. The priorities in making a disposition shall be consistent with the purposes set forth in Code, Courts Article, § 3-8A-02.
(d) Permitted Dispositions--Delinquency Petition.
(1) Generally. In a proceeding based on a delinquency petition, the court may enter a disposition authorized by Code, Courts Article, § 3-8A-19(d), (f), (g), (h), (i), or (j), subject to the conditions and limitations set forth in those sections and in Code, Courts Article, §§ 3-8A-19.6, 3-8A-22, 3-8A-24, and 3-8A-35.
Cross reference: Code, Courts Article, § 3-8A-19(d) addresses the court's disposition generally. Subsection (f) of that section addresses the guardian appointed under the section. Subsection (g) of that section addresses placement of a child in an emergency facility on an emergency basis under Code, Health-General Article, Title 10, Subtitle 6, Part IV. Subsections (h) and (i) of that section address commitment of a child to the custody of the State Department of Health for inpatient care and treatment in a State mental hospital or State mental retardation facility, respectively. Subsection (j) of that section addresses the requirement that a commitment order issued under either subsection (h) or (i) must require the State Department of Health to file certain progress reports.
(2) Probation with Stay of Delinquency Finding. In addition to the dispositions permitted in subsection (d)(1) of this Rule, the court may, subject to Code, Courts Article, § 3-8A-19.6, enter a disposition of probation with stay of delinquency finding, which is a status created by a court order in which the court, with the consent of the respondent, places the respondent in a probationary status with appropriate conditions after the court has made a finding that the respondent committed a delinquent act, but without making a finding that the respondent is a delinquent child.
Cross reference: See Code, Courts Article, § 3-8A-19.6 for limitations on the term of probation that may be imposed by the court.
(e) Permitted Disposition--Citation. In a proceeding based on a citation, the court may enter a disposition authorized by Code, Courts Article, § 3-8A-19(e), subject to the conditions and limitations set forth in that section.
(f) Procedure
(1) Disposition Hearing Conducted by Judge. If a judge conducts the disposition hearing, the judge shall enter a written disposition order and shall either file or announce and dictate into the record (A) a statement of reasons for any order that includes placement of the respondent outside the respondent's home, and (B) a statement of each condition for any probation.
(2) Disposition Hearing Conducted by Magistrate. If a magistrate conducts the disposition hearing, the proceeding shall be in accordance with Rule 11-103. A commitment recommended by a magistrate is subject to approval by the court in accordance with Rule 11-103 but may be implemented in advance of court approval, subject to a stay if requested by a party, pending a hearing on exceptions.
Cross reference: See Rule 11-101 (b) concerning application of the Rules in Title 5 to a disposition hearing.
(g) Restitution.
(1) Generally. As part of a disposition, the court may order that the respondent, the respondent's parents, or both pay restitution to a victim subject to the conditions and limitations as set forth in Code, Criminal Procedure Article, Title 11, Subtitle 6. Restitution may not be ordered unless:
(A) the individual ordered to pay is given reasonable notice that restitution is being sought and of the amount that is being requested;
(B) the individual is given a fair opportunity to defend against the request;
(C) sufficient evidence is admitted to prove: (i) the amount of loss or expense incurred for which restitution is allowed and (ii) that such loss or expense was the direct result of the respondent's delinquent act; and
(D) sufficient evidence is admitted of the individual's ability to comply with the restitution order.
Cross reference: Under Code, Courts Article, § 3-8A-28 the court may enter restitution against the child's parent, the child, or both, as provided by Code, Criminal Procedure Article, Title 11, Subtitle 6. That subtitle sets out the process for restitution orders. See also In re Ramont K., 305 Md. 482 (1986) and cases cited therein.
(2) Evidence; Burden of Proof. In a hearing to determine whether restitution should be ordered, a written statement or bill for medical, dental, hospital, counseling, funeral, or burial expenses is sufficient evidence of the amount, fairness, and reasonableness of the charges and the necessity for the services or materials provided. An individual who challenges the fairness or reasonableness of the charges or necessity for the services or materials has the burden of proving that the amount is not fair and reasonable.
Source: This Rule is derived in part from former Rule 11-115 (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 11-422, MD R JUV CAUSES Rule 11-422
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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