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§ 3-8A-14. Children taken into custody

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 3-8A-14
§ 3-8A-14. Children taken into custody
Methods of taking child into custody
(a) A child may be taken into custody under this subtitle by any of the following methods:
(1) Pursuant to an order of the court;
(2) By a law enforcement officer pursuant to the law of arrest;
(3) By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child is in immediate danger from the child's surroundings and that the child's removal is necessary for the child's protection;
(4) By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child has run away from the child's parents, guardian, or legal custodian; or
(5) In accordance with § 3-8A-14.1 of this subtitle.
Law enforcement officer taking child into custody
(b)(1)(i) If a law enforcement officer takes a child into custody, the officer shall immediately notify, or cause to be notified, the child's parents, guardian, or custodian in a manner reasonably calculated to give actual notice of the action.
(ii) The notice required under subparagraph (i) of this paragraph shall:
1. Include the child's location;
2. Provide the reason for the child being taken into custody; and
3. Instruct the parent, guardian, or custodian on how to make immediate in-person contact with the child.
(2) After making every reasonable effort to give actual notice to a child's parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
(i) Release the child to the child's parents, guardian, or custodian or to any other person designated by the court, upon their written promise to bring the child before the court when requested by the court, and such security for the child's appearance as the court may reasonably require, unless the child's placement in detention or shelter care is permitted and appears required by § 3-8A-15 of this subtitle; or
(ii) Deliver the child to the court or a place of detention or shelter care designated by the court.
Failure of parent, guardian, or custodian to bring child before court
(c) If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may:
(1) Issue a writ of attachment directing that the child be taken into custody and brought before the court; and
(2) Proceed against the parent, guardian, or custodian for contempt.
Detained child is suspected victim of sex trafficking or human trafficking
(d)(1)(i) In this subsection the following words have the meanings indicated.
(ii) “Qualifying offense” has the meaning stated in § 8-302 of the Criminal Procedure Article.
(iii) “Sex trafficking” has the meaning stated in § 5-701 of the Family Law Article.
(iv) “Victim of human trafficking” has the meaning stated in § 8-302 of the Criminal Procedure Article.
(2) In addition to the requirements for reporting child abuse and neglect under § 5-704 of the Family Law Article, if a law enforcement officer has reason to believe that a child who has been detained is a victim of sex trafficking or a victim of human trafficking, the law enforcement officer shall, as soon as practicable:
(i) Notify an appropriate regional navigator, as defined in § 5-704.4 of the Family Law Article, for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking or a suspected victim of human trafficking so the regional navigator can coordinate a service response;
(ii) Report to the local child welfare agency that the child is a suspected victim of sex trafficking or a suspected victim of human trafficking; and
(iii) Release the child to the child's parents, guardian, or custodian if it is safe and appropriate to do so, or to the local child welfare agency if there is reason to believe that the child's safety will be at risk if the child is returned to the child's parents, guardian, or custodian.
(3) A law enforcement officer who takes a child who is a suspected victim of sex trafficking or a suspected victim of human trafficking into custody under subsection (a)(3) of this section may not detain the child in a juvenile detention facility, as defined under § 9-237 of the Human Services Article, if the reason for detaining the child is a suspected commission of a qualifying offense or § 3-1102 of the Criminal Law Article.
Advise child of child’s rights in age-appropriate language
(e) The Supreme Court of Maryland may adopt rules concerning age-appropriate language to be used to advise a child who is taken into custody of the child's rights.

Credits

Added as Courts and Judicial Proceedings § 3-814 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 691, § 8; Acts 1975, c. 554, §§ 1, 3; Acts 1984, c. 255; Acts 1990, c. 6, § 2. Renumbered as Courts and Judicial Proceedings § 3-8A-14 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2002, c. 554, § 1, eff. July 1, 2002; Acts 2012, c. 229, § 1, eff. Oct. 1, 2012; Acts 2012, c. 230, § 1, eff. Oct. 1, 2012; Acts 2019, c. 559, § 1, eff. Oct. 1, 2019; Acts 2022, c. 50, § 1, eff. Oct. 1, 2022; Acts 2023, c. 686, § 1, eff. Oct. 1, 2023; Acts 2023, c. 687, § 1, eff. Oct. 1, 2023.
Formerly Art. 26, §§ 70-9, 70-10.
MD Code, Courts and Judicial Proceedings, § 3-8A-14, MD CTS & JUD PRO § 3-8A-14
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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