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§ 3-8A-17.8. Additional competency hearings

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-17.8
§ 3-8A-17.8. Additional competency hearings
Currentness
Opinions of Department relating to competency of child and likelihood of attaining competency
(a) If the court orders the Maryland Department of Health to provide competency attainment services under § 3-8A-17.6 of this subtitle, the Maryland Department of Health shall file a written report with the court, with notice to counsel of the submission of the report, within 90 days after the court order, stating whether, in the opinion of the Department, the child:
(1) Has attained competency;
(2) Remains incompetent to proceed, but may be able to attain competency in the foreseeable future; or
(3) Remains incompetent to proceed, and is unlikely to attain competency in the foreseeable future.
Deadline for competency hearing
(b)(1) The court shall hold a competency hearing in accordance with § 3-8A-17.4 of this subtitle within 15 days after the court receives the report described in subsection (a) of this section.
(2) For good cause shown, the hearing date may be continued for a reasonable period of time.
Case management and supervision of child transferred to Department of Juvenile Services
(c)(1) At the competency hearing, if the court determines that the child is competent, the court shall proceed in accordance with § 3-8A-17.5 of this subtitle.
(2) Case management and supervision of the child shall be transferred to the Department of Juvenile Services to continue proceedings under this subtitle.
(3)(i) Subject to the time periods for dismissal of the case specified in § 3-8A-17.9 of this subtitle, if the court determines that the child remains incompetent to proceed, but may be able to attain competency in the foreseeable future, the court may order that services be continued in increments of not more than 6 months.
(ii) Within 6 months after the court orders additional services under subparagraph (i) of this paragraph, the Maryland Department of Health shall file a written report as described in subsection (a) of this section.
(iii) 1. The court shall hold a competency hearing in accordance with § 3-8A-17.4 of this subtitle within 15 days after the court receives the report described in subparagraph (ii) of this paragraph.
2. For good cause shown, the hearing date may be continued for a reasonable period of time.
(4) If the court determines that the child remains incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court shall proceed in accordance with § 3-8A-17.7 of this subtitle.

Credits

Added by Acts 2006, c. 387, § 1, eff. Oct. 1, 2006. Amended by Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2017, c. 62, § 6.
MD Code, Courts and Judicial Proceedings, § 3-8A-17.8, MD CTS & JUD PRO § 3-8A-17.8
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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