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§ 3-809. Petitions filed by local department

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: July 1, 2017

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: July 1, 2017
MD Code, Courts and Judicial Proceedings, § 3-809
§ 3-809. Petitions filed by local department
In general
(a) On receipt of a complaint from a person or agency having knowledge of facts which may cause a child to be subject to the jurisdiction of the court under this subtitle, the local department shall file a petition under this subtitle if it concludes that the court has jurisdiction over the matter and that the filing of a petition is in the best interests of the child.
Reasons for decision not to file petition
(b) Within 5 days after reaching a decision not to file a petition, the local department shall inform in writing the following persons of the decision and the reasons for the decision:
(1) A child over the age of 10 who would have been the subject of the petition, if appropriate;
(2) The parent, guardian, or custodian of the child who would have been the subject of the petition; and
(3) Each person or agency that requested that a petition be filed.
Request for review by Secretary of Human Services
(c) Within 15 days after notice that a local department has decided not to file a petition, the person or agency that requested that a petition be filed may request review by the Secretary of Human Services.
Review by Secretary of Human Services
(d) Within 15 days after a request for review is received, the Secretary of Human Services or the Secretary's designee, in consultation with the director of the local department, shall review the report and may direct the local department to file a petition within 5 days.
Refusal to direct local department to file petition
(e) If the Secretary of Human Services or the Secretary's designee refuses to direct the local department to file a petition, the person or agency that filed the complaint under subsection (a) of this section or caused it to be filed may file the petition.

Credits

Added by Acts 2001, c. 415, § 3, eff. Oct. 1, 2001. Amended by Acts 2017, c. 62, § 6.
MD Code, Courts and Judicial Proceedings, § 3-809, MD CTS & JUD PRO § 3-809
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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