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§ 3-830. Court-appointed special advocates

West's Annotated Code of MarylandCourts and Judicial Proceedings

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)
MD Code, Courts and Judicial Proceedings, § 3-830
§ 3-830. Court-appointed special advocates
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Advocate” or “C.A.S.A.” means a Court-Appointed Special Advocate.
(3) “Program” means a Court-Appointed Special Advocate service that is created in a county with the support of the court for that county to provide trained volunteers whom the court may appoint to:
(i) Provide the court with background information to aid it in making decisions in the child's best interest; and
(ii) Ensure that the child is provided appropriate case planning and services.
Court-Appointed Special Advocate Program
(b)(1) There is a Court-Appointed Special Advocate Program.
(2) The purpose of the Program is to provide volunteers whose primary purpose is to ensure the provision of appropriate service and case planning consistent with the best interests of a child who is the subject of:
(i) A CINA proceeding;
(ii) A custody and guardianship proceeding under § 3-819.2 of this subtitle; or
(iii) A guardianship review proceeding under Title 5, Subtitle 3 of the Family Law Article.
(3) The Administrative Office of the Courts:
(i) Shall administer the Program;
(ii) Shall report annually to the Chief Judge of the Court of Appeals and, subject to § 2-1246 of the State Government Article, to the General Assembly regarding the operation of the Program; and
(iii) May adopt rules governing the implementation and operation of the Program including funding, training, selection, and supervision of volunteers.
Funding
(c) The Governor may include funds in the budget to carry out the provisions of this section.
Liability for acts or omissions of advocates or staff members
(d) An advocate or a member of the administrative staff of the Program is not liable for an act or omission in providing services or performing a duty on behalf of the Program, unless the act or omission constitutes reckless, willful, or wanton misconduct or intentionally tortious conduct.

Credits

Added by Acts 2001, c. 415, § 3, eff. Oct. 1, 2001. Amended by Acts 2001, c. 415, § 5; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2005, c. 507, § 1, eff. Oct. 1, 2005.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2001 Legislation
Acts 2001, c. 415, § 5, rewrote subsec. (c), which previously read:
“(c)(1) The Governor may include funds in the budget to carry out the provisions of this section.
“(2) Any State funds available for this Program shall be allocated to the counties on a 50% cost sharing basis. “
Acts 2001, c. 415, § 7, provides:
“SECTION 7. AND BE IT FURTHER ENACTED, That this Act does not affect the validity of any proceeding pending on the effective date of this Act and does not affect the release, extinguishment, or alteration, wholly or partly, of any penalty, forfeiture, or liability, whether civil or criminal, which shall have occurred under any statute amended or repealed by this Act and such statute shall be treated as still remaining in force for the purpose of sustaining any and all proper actions for the enforcement of such penalty, forfeiture, or liability and any judgment, decree, or order that can be rendered in such action.”
Acts 2001, c. 415, § 10, provides:
“SECTION 10. AND BE IT FURTHER ENACTED, That Section 5 of this Act shall take effect beginning with the fiscal year in which funding to offset the county funding is first enacted as part of the budget for the Judicial Branch.”
The contingency specified in Acts 2001, c. 415, § 10, has been met.
2005 Legislation
Acts 2005, c. 464, § 3, rewrote subsec. (b)(2).
Acts 2005, c. 507, § 1, also rewrote subsec. (b)(2).
Prior to amendment, subsec. (b)(2) read:
“[(b)](2) The purpose of the Program is to provide volunteers whose primary purpose is to ensure that children who are the subject of a CINA proceeding are provided with appropriate service and case planning that is in their best interest.”
Acts 2005, c. 464, § 3, contained the text:
“(2) The purpose of the Program is to provide volunteers whose primary purpose is to ensure the provision of appropriate service and case planning consistent with the best interests of a child who is the subject of:
“(i) A CINA proceeding; or
“(ii) A guardianship review proceeding under Title 5, Subtitle 3 of the Family Law Article.”
Acts 2005, c. 507, § 1, contained the text:
“(2) The purpose of the Program is to provide volunteers whose primary purpose is to ensure the provision of appropriate service and case planning consistent with the best interests of:
“(i) A child who is the subject of a CINA proceeding; or
“(ii) A child who is the subject of a custody and guardianship proceeding under § 3-819.2 of this subtitle.”
Acts 2005, c. 464, § 4, provides:
“SECTION 4. AND BE IT FURTHER ENACTED, That, except as expressly provided, this Act does not apply to any case pending on January 1, 2006, which case shall be governed by the law applicable as if this Act had not become effective.”
MD Code, Courts and Judicial Proceedings, § 3-830, MD CTS & JUD PRO § 3-830
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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