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§ 3-805. Venue

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2013

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8. Juvenile Causes--Children in Need of Assistance (Refs & Annos)
Effective: October 1, 2013
MD Code, Courts and Judicial Proceedings, § 3-805
§ 3-805. Venue
Currentness
Petitions alleging child is CINA
(a)(1) A petition alleging that a child is a CINA shall be filed in the county where:
(i) The child is residing when the petition is filed; or
(ii) The act on which the petition is based allegedly occurred.
(2) A voluntary placement petition shall be filed in the county where:
(i) The parent or legal guardian resides;
(ii) The former CINA's commitment to the local department was rescinded; or
(iii) The former CINA receives voluntary placement services.
Transfer of case to appropriate county
(b)(1) Whenever a petition is filed other than in the county where the child resides, the court, on its own motion or on motion of a party, may transfer the case at any time to any appropriate county, including a county where:
(i) Another case involving custody, visitation, or support of the child is pending;
(ii) The child resides;
(iii) A parent of the child resides; or
(iv) The court determines it is in the child's best interests for further proceedings concerning the child to take place.
(2)(i) Before the court transfers a case to another court in the State, the court shall communicate with the juvenile judge of the other court or the judge's designee.
(ii) The court shall advise the parties of the decision made to transfer the case and the basis for the decision.
(3) Before the court transfers a case to a court outside the State, the court shall communicate with the other court in accordance with the Maryland Uniform Child Custody Jurisdiction Act.1
(4)(i) Within 15 days after the court orders a transfer, the clerk of the sending court shall forward to the receiving court every document on file with the sending court.
(ii) If a case is transferred to another court in this State, the receiving court shall treat the case as if it had been filed with that court initially and shall set hearing dates as close as practicable to those set forth in any pending orders issued by the sending court.
Motion for information about child
(c) If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.

Credits

Added by Acts 2001, c. 415, § 3, eff. Oct. 1, 2001. Amended by Acts 2003, c. 250, § 1, eff. Oct. 1, 2003; Acts 2013, c. 22, § 2, eff. Oct. 1, 2013.

Footnotes

1
Family Law, § 9-201 et seq.
MD Code, Courts and Judicial Proceedings, § 3-805, MD CTS & JUD PRO § 3-805
Current through legislation effective through July 1, 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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