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§ 3-8A-17.7. Incompetent children unlikely to attain competency

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-17.7
§ 3-8A-17.7. Incompetent children unlikely to attain competency
Currentness
Children with mental disorders
(a) At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, has a mental disorder, as defined in § 10-620 of the Health--General Article, and is a danger to the life or safety of the child or others, the court may order a petition for emergency evaluation under § 10-622 of the Health--General Article.
Children with developmental disabilities
(b) At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, and has a developmental disability, as defined in § 7-101 of the Health--General Article, the court may order the Developmental Disabilities Administration to evaluate the child within 30 days to determine the child's eligibility for services under Title 7 of the Health--General Article.
Dismissal of delinquency or violation of probation petitions
(c) At a competency hearing, if the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court:
(1) May dismiss the delinquency petition or violation of probation petition; and
(2) After the expiration of the time periods for dismissal specified in § 3-8A-17.9 of this subtitle, shall dismiss the delinquency petition or violation of probation petition.

Credits

Added by Acts 2006, c. 387, § 1, eff. Oct. 1, 2006.
MD Code, Courts and Judicial Proceedings, § 3-8A-17.7, MD CTS & JUD PRO § 3-8A-17.7
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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