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RULE 11-415. STUDY; EXAMINATION

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 400. Delinquency and Citation Proceedings (Refs & Annos)
Effective: January 1, 2022
MD Rules, Rule 11-415
RULE 11-415. STUDY; EXAMINATION
(a) Generally. After a delinquency petition or citation has been filed, the court may direct the Department of Juvenile Services or another qualified person to make a study concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the action in accordance with Code, Courts Article, § 3-8A-17.
(b) Examination.
(1) As part of the study, the court may order that the child or any parent, guardian, or custodian of the child be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified individual.
(2) Any order for a physical or mental examination pursuant to this Rule shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. Any examination of a parent, guardian, or custodian of the child shall be on an outpatient basis. The court shall order that the examination of a child be conducted on an outpatient basis if, considering the child's condition, that is feasible and appropriate. The order may regulate the filing of a report of findings and conclusions and the testimony at a hearing by the examining physician, psychiatrist, psychologist, or other professionally qualified person, the payment of the expenses of the examination, and any other relevant matters. The court may not place a child in detention, community detention, or shelter care solely for the purpose of conducting an examination.
(c) Copies of Report. The person making a report of a study or examination shall provide the report to the Department. Promptly upon receipt of the report, the Department shall file it with the court and deliver a copy of it to the State's Attorney and to the attorney for the child.
(d) Admissibility. The report of the study and examination is admissible as evidence at a waiver hearing and a disposition hearing but not at an adjudicatory hearing. The admissibility of any statement by the child is protected by the child's privilege against self-incrimination. Prior to the offering of the report, the attorney for each party may challenge or impeach findings in the report or study and present appropriate evidence with respect to it.
Cross reference: See Code, Courts Article, §§ 3-8A-12 (b) and 3-8A-17 (c).
Source: This Rule is derived in part from former Rule 11-105 a (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-415, MD R JUV CAUSES Rule 11-415
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
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