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RULE 11-101. APPLICABILITY

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

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 100. General Provisions
Effective: January 1, 2022
MD Rules, Rule 11-101
RULE 11-101. APPLICABILITY
(a) Rules in Title 11. The Rules in this Title govern procedure in juvenile causes under Code, Courts Article, Title 3, Subtitles 8, 8A, and 8C; public agency guardianships under Code, Family Law Article, Title 5, Subtitle 3, Part II; and criminal proceedings against an adult under Code, Courts Article, §§ 3-828 and 3-8A-30 and Code, Education Article, § 7-301. The Rules in this Title do not govern adoption proceedings.
Cross reference: For procedures governing adoptions under Code, Family Law Article, Title 5, Subtitle 3, Parts III, IV, V, and VI, see the Rules in Title 9, Chapter 100.
(b) Rules of Evidence.
(1) In all proceedings under this Title, lawful privileges shall be respected and the Rules governing competency of witnesses shall apply.
(2) The Rules of Evidence in Title 5 of these Rules apply to the following proceedings under this Title:
(A) Adjudicatory hearings conducted in:
(i) CINA proceedings under Chapter 200;
(ii) delinquency proceedings under Chapter 400; and
(iii) CINS, truancy, and peace order proceedings under Chapter 500;
(B) A hearing on waiver of reunification efforts under Rule 11-217;
(C) A hearing on a guardianship petition under Rule 11-312;
(D) A hearing following a failed conditional consent under Rule 11-317;
(E) A hearing on the merits of an emergency removal of a child from a court ordered placement under Chapters 200 and 300; and
(F) Proceedings in which an adult is charged in juvenile court under Rule 11-507, to the same extent that the Rules of Evidence would apply to the proceeding in adult criminal court.
(3) Subject to subsection (b)(1) of this Rule, the Rules of Evidence in Title 5 of these Rules do not apply to the following proceedings under this Title:
(A) Shelter care and detention hearings under Chapters 200 and 400;
(B) Emergency hearing proceedings following the removal of a child from a court-ordered placement under Chapters 200 and 300; and
(C) Guardianship review hearings under Rule 11-316.
(4) Subject to subsection (b)(1) of this Rule, the court, in the interest of justice, may decline to require strict application of the Rules of Evidence in Title 5 of these Rules in all other proceedings.
(c) Interstate Compacts; Indian Child Welfare Act. The Rules in this Title are subject to the applicable provisions of Code, Human Services Article, Title 9, Subtitle 3 (Interstate Compact for Juveniles); Code, Family Law Article, Title 5, Subtitle 6 (Interstate Compact on the Placement of Children); and 25 U.S.C. § 1901 et seq. (the Indian Child Welfare Act).
Source: This Rule is new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-101, MD R JUV CAUSES Rule 11-101
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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