RULE 11-219. POST DISPOSITION REVIEW AND MODIFICATION; PERMANENCY PLANS
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023
Effective: July 1, 2023
MD Rules, Rule 11-219
RULE 11-219. POST DISPOSITION REVIEW AND MODIFICATION; PERMANENCY PLANS
Cross reference: See Code, Courts Article, § 3-816.2 regarding considerations at a review hearing under this section.
(1) In General. If a child has been committed for inpatient care and treatment in a psychiatric facility or facility for developmentally disabled individuals pursuant to Code, Courts Article, § 3-819(h) or (i), the court, on request of any party, the child's custodian, or the facility, shall hold a hearing after the first six months of the commitment and at six month intervals thereafter to determine whether the standards specified in those sections of the Code continue to exist. The court may hold a hearing at any other time for that purpose.
(2) Other Hearings Based on Individualized Treatment Plans. If an individualized treatment plan developed under Code, Health-General Article, § 7-1006 or § 10-706 recommends that a child no longer meets the requirements of Code, Courts Article, § 3-819(h) or (i), as applicable, the court shall hold a hearing to review the commitment order.
(A) If, after or as part of a CINA disposition, the court orders a specific placement of the child and the local department, acting pursuant to Code, Courts Article, § 3-820(a), removes the child from that placement, gives the notice required by § 3-820(b), and files a motion to authorize a new placement, the court shall hold an emergency review hearing on the motion not later than the next day after the motion is filed.
(2) Hearing on the Merits. Unless all parties agree to the order entered following an emergency hearing, the court, at that hearing, shall schedule a full review hearing on the merits of the local department's action to be held within 30 days after the date of removal or, if agreed to by the parties or for good cause shown, at a later date.
(1) Determination of Permanency Plan. If the court has ordered an out-of-home placement, as defined in Code, Family Law Article, § 5-501(i), it shall, within the times set forth in Code, Courts Article, § 3-823(b) or (c), hold a hearing to determine a permanency plan for the child. At that hearing, the court shall determine the child's permanency plan in accordance with Code, Courts Article, § 3-823(e), (f), and (g) and make findings in accordance with Code, Courts Article, § 3-816.2(a)(2).
Committee note: Federal law requires the court to continue to conduct a hearing to review the status of each child under its jurisdiction at least every six months. At that hearing, the court must make the findings required by Code, Courts Article, § 3-816.2(a)(2). See 42 U.S.C. § 675(5)(B).
Cross reference: See Code, Courts Article, § 3-816.3 for notice to the child's foster parent, preadoptive parent, or caregiver.
(C) At the review hearing, the court shall consider any written report of a local out-of-home care review board required under Code, Family Law Article, § 5-545 and make the determinations and take the actions required by Code, Courts Article, § 3-823(h)(2) and make the findings required by Code, Courts Article, § 3-816.2(a)(2).
(D) At least every 12 months, the court, at a review hearing, shall consult on the record with the child, in an age-appropriate manner. If the court determines that the child is medically fragile or that it would be detrimental to the child's physical or mental health to be transported to the place where the consultation would occur, the consultation may occur remotely pursuant to Code, Courts Article, § 3-823(j)(3) and the Rules in Title 21.
Credits
[Adopted Nov. 9, 2021, eff. Jan. 1, 2022. Amended Sept. 30, 2022, eff. Jan. 1, 2023; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 11-219, MD R JUV CAUSES Rule 11-219
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document |