Home Table of Contents

§ 3-8A-17.6. Competency attainment services

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 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-8A-17.6
§ 3-8A-17.6. Competency attainment services
Currentness
Order to provide competency attainment services
(a) At a competency hearing, if the court determines that the child is incompetent to proceed, but that there is a substantial probability that the child may be able to attain competency in the foreseeable future and that services are necessary to attain competency, the court may order the Maryland Department of Health to provide competency attainment services for the child for an initial period of not more than 90 days.
Services provided in least restrictive environment
(b) Any competency attainment services shall be provided in the least restrictive environment.
Placement of child in facility
(c) Subject to subsection (d) of this section, the court may order a child to be placed in a facility for children if:
(1) The child is detained under § 3-8A-15 of this subtitle at the time of the competency hearing; and
(2) The court finds after a hearing on the issue that:
(i) Placement in a facility is necessary to protect the child or others, or the child is likely to leave the jurisdiction of the court; and
(ii) No less restrictive alternative placement is available that will protect the child or the community or prevent the child from leaving the jurisdiction of the court.
Group services, detention facilities, and psychiatric facilities prohibited
(d) A child may not be:
(1) Unless the child's individualized treatment plan developed under § 10-706 of the Health--General Article otherwise indicates, provided services in any group with persons who are at least 18 years old;
(2) Placed in a detention facility; or
(3) Placed in a psychiatric hospital, except in accordance with Title 10, Subtitle 6 of the Health--General Article.

Credits

Added by Acts 2006, c. 387, § 1, eff. Oct. 1, 2006. Amended by Acts 2017, c. 62, § 6.
MD Code, Courts and Judicial Proceedings, § 3-8A-17.6, MD CTS & JUD PRO § 3-8A-17.6
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document