§ 3-8A-19. Disposition of child
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 3-8A-19
§ 3-8A-19. Disposition of child
(a) The provisions of this section do not apply to a peace order request or a peace order proceeding.
(b)(1) After an adjudicatory hearing the court shall hold a separate disposition hearing, unless the petition or citation is dismissed or unless such hearing is waived in writing by all of the parties.
(c) The priorities in making a disposition are consistent with the purposes specified in § 3-8A-02 of this subtitle.
(d)(1) In making a disposition on a petition under this subtitle, the court may:
(ii) Subject to the provisions of paragraphs (2) and (3) of this subsection, commit the child to the custody or under the guardianship of the Department of Juvenile Services, the Maryland Department of Health, or a public or licensed private agency on terms that the court considers appropriate to meet the priorities set forth in § 3-8A-02 of this subtitle, including designation of the type of facility where the child is to be accommodated, until custody or guardianship is terminated with approval of the court or as required under § 3-8A-24 of this subtitle; or
(4) A child committed under paragraph (1)(ii) of this subsection may not be accommodated in a facility that has reached budgeted capacity if a bed is available in another comparable facility in the State, unless the placement to the facility that has reached budgeted capacity has been recommended by the Department of Juvenile Services.
(6)(i) If the court finds that a child enrolled in a public elementary or secondary school is delinquent or in need of supervision and commits the child to the custody or under the guardianship of the Department of Juvenile Services, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child has been found to be delinquent or in need of supervision and has been committed to the custody or under the guardianship of the Department of Juvenile Services.
(ii) If the court rescinds the commitment order for a child enrolled in a public elementary or secondary school, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child is no longer committed to the custody of the Department of Juvenile Services.
(e)(1)(i) Subject to the provisions of subparagraphs (iii) and (iv) of this paragraph, in making a disposition on a finding that the child has committed the violation specified in a citation, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days.
(iii) In making a disposition on a finding that the child has committed a violation of § 10-113 of the Criminal Law Article specified in a citation that involved the use of a driver's license or a document purporting to be a driver's license, the court may order the Motor Vehicle Administration to initiate an action under the Maryland Vehicle Law1 to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration:
(iv) In making a disposition on a finding that the child has committed a violation under § 26-103 of the Education Article, the court shall order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days.
(3)(i) In making a disposition on a finding that the child has committed a violation of Title 4, Subtitle 5 or § 9-504 or § 9-505 of the Criminal Law Article, the court may order the Motor Vehicle Administration to initiate an action, under the Maryland Vehicle Law, to suspend the driving privilege of a child for a specified period not to exceed:
(4)(i) In making a disposition on a finding that the child has committed a violation under § 21-1128 of the Transportation Article, the court shall order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days.
(f) A guardian appointed under this section has no control over the property of the child unless he receives that express authority from the court.
(g) A child may be placed in an emergency facility on an emergency basis under Title 10, Subtitle 6, Part IV of the Health--General Article.
(h) The court may not commit a child to the custody of the Maryland Department of Health under this section for inpatient care and treatment in a State mental hospital unless the court finds on the record based upon clear and convincing evidence that:
(i) The court may not commit a child to the custody of the Maryland Department of Health under this section for inpatient care and treatment in a State mental retardation facility unless the court finds on the record based upon clear and convincing evidence that:
(j)(1) Any commitment order issued under subsection (h) or (i) of this section shall require the Maryland Department of Health to file progress reports with the court at intervals no greater than every 6 months during the life of the order. The Maryland Department of Health shall provide the child's attorney of record with a copy of each report. The court shall review each report promptly and consider whether the commitment order should be modified or vacated. After the first 6 months of the commitment and at 6-month intervals thereafter upon the request of any party, the Department or facility, the court shall grant a hearing for the purpose of determining if the standards specified in subsection (h) or (i) of this section continue to be met.
(2) If, at any time after the commitment of the child to a State mental hospital under this section, the individualized treatment plan developed under § 10-706 of the Health--General Article recommends that a child no longer meets the standards specified in subsection (h) of this section, then the court shall grant a hearing to review the commitment order. The court may grant a hearing at any other time for the purpose of determining if the standards specified in subsection (h) of this section continue to be met.
(3) If, at any time after the commitment of the child to a State mental retardation facility under this section, the individualized plan of habilitation developed under § 7-1006 of the Health--General Article recommends that a child no longer meets the standards specified in subsection (i) of this section, then the court shall grant a hearing to review the commitment order. The court may grant a hearing at any other time for the purpose of determining if the standards specified in subsection (i) of this section continue to be met.
Credits
Added as Courts and Judicial Proceedings § 3-820 by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1975, c. 554, §§ 1, 3; Acts 1976, c. 463; Acts 1978, c. 680; Acts 1978, c. 814; Acts 1980, c. 697; Acts 1981, c. 511; Acts 1981, c. 795; Acts 1982, c. 770, § 4; Acts 1982, c. 844; Acts 1984, c. 229; Acts 1984, c. 255; Acts 1986, c. 457; Acts 1986, c. 661; Acts 1987, c. 290; Acts 1988, c. 6, § 1; Acts 1989, c. 539, § 7; Acts 1990, c. 6, § 2; Acts 1991, c. 304; Acts 1991, c. 457; Acts 1994, c. 110, § 1, eff. Oct. 1, 1994; Acts 1994, c. 483, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1995, c. 8, § 4, eff. June 1, 1995; Acts 1995, c. 11, § 1, eff. Oct. 1, 1995; Acts 1995, c. 425, § 1, eff. Oct. 1, 1995; Acts 1996, c. 610, § 1, eff. Oct. 1, 1996; Acts 1999, c. 329, § 1, eff. July 1, 1999; Acts 1999, c. 619, § 1, eff. Oct. 1, 1999; Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2000, c. 404, § 1, eff. Oct. 1, 2000; Acts 2001, c. 35, § 1, eff. Oct. 1, 2001. Renumbered as Courts and Judicial Proceedings § 3-8A-19 and amended by Acts 2001, c. 415, § 6, eff. Oct. 1, 2001. Amended by Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2002, c. 396, § 1, eff. Oct. 1, 2002; Acts 2002, c. 397, § 1, eff. Oct. 1, 2002; Acts 2002, c. 406, § 1, eff. Oct. 1, 2002; Acts 2003, c. 20, § 1, eff. April 8, 2003; Acts 2003, c. 53, § 4, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 253, § 1, eff. Oct. 1, 2005; Acts 2009, c. 662, § 1, eff. July 1, 2009; Acts 2010, c. 114, § 1, eff. Oct. 1, 2010; Acts 2010, c. 115, § 1, eff. Oct. 1, 2010; Acts 2010, c. 188, § 1, eff. July 1, 2010; Acts 2012, c. 198, § 1, eff. June 1, 2012; Acts 2013, c. 651, § 1, eff. Oct. 1, 2013; Acts 2014, c. 135, § 1, eff. June 1, 2014; Acts 2014, c. 158, § 1, eff. Oct. 1, 2014; Acts 2017, c. 62, § 6; Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019; Acts 2020, c. 35, § 1, eff. Oct. 1, 2020; Acts 2020, c. 628, § 1, eff. May 8, 2020; Acts 2021, c. 393, § 1, eff. Oct. 1, 2021; Acts 2022, c. 41, § 1, eff. June 1, 2022; Acts 2022, c. 42, § 1, eff. June 1, 2022; Acts 2022, c. 135, § 5; Acts 2023, c. 698, § 1, eff. Oct. 1, 2023; Acts 2023, c. 699, § 1, eff. Oct. 1, 2023.
Footnotes
Transportation, § 11-101 et seq.
MD Code, Courts and Judicial Proceedings, § 3-8A-19, MD CTS & JUD PRO § 3-8A-19
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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