RULE 11-502. CHILD IN NEED OF SUPERVISION
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2023
Effective: January 1, 2023
MD Rules, Rule 11-502
RULE 11-502. CHILD IN NEED OF SUPERVISION
Cross reference: See Code, Courts Article, § 3-8A-20 (a).
Cross reference: See Code, Courts Article, § 3-8A-13 (b).
Cross reference: See Code, Courts Article, § 3-8A-08 (a).
Committee note: For administrative proceedings and requirements prior to the filing of a CINS petition, see Code, Courts Article, §§ 3-8A-10 and 3-8A-13. A court may dismiss a petition for failure to comply with the requirements of § 3-8A-10 only if the child demonstrates actual prejudice. See also In re Keith G., 325 Md. 538 (1992).
(i) Summons; Service. Unless the court orders otherwise, the clerk, upon the filing of the CINS petition, shall promptly issue a summons, substantially in the form approved by the State Court Administrator and posted on the Judiciary website, for each party other than the petitioner. The summons, together with a copy of the CINS petition, shall be served in accordance with Rule 11-107 and shall be returnable as provided in Rule 2-126.
(n) Study; Examination. The court may direct the Department of Juvenile Services or another qualified agency to make a study concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the case, in accordance with the applicable provisions of Code, Courts Article, § 3-8A-17.
(1) Generally. Without the necessity of a request, the petitioner shall furnish to the defense (A) all material or information in any form, whether or not admissible, that is possessed by or is in the control of the Department of Juvenile Services and that (i) the petitioner intends to offer into evidence or (ii) tends to negate the allegations of the petition or mitigate the severity of a disposition, and (B) all written and oral statements of the child that relate to the allegations of the petition and all material and information that relate to the acquisition of such statements. For good cause, the court may require such other disclosures and inspections as justice may require.
(2) Matters Not Required to Be Disclosed. Notwithstanding any other provision of this Rule, the Department of Juvenile Services is not required to disclose (A) mental impressions, trial strategy, personal beliefs, or other privileged attorney work product, or (B) any other material or information if the court finds that its disclosure is not Constitutionally required and would entail a substantial risk of harm to any person that outweighs the interest of disclosure.
(3) Time for Completion. To the extent practicable, the disclosure and inspection of all matters and information required or permitted by this Rule shall be completed in time to permit its beneficial use at a hearing in which the material or information may be relevant. If the material or information is not so disclosed, the court may grant a continuance or postponement of the hearing to permit the disclosure or inspection.
Cross reference: See Code, Courts Article, § 3-8A-13 (f)(1) and (2).
(A) After a CINS petition is filed, the court shall hold an adjudicatory hearing, unless the court refers the matter for informal adjustment in accordance with Rule 11-420.1. If the court refers the matter for informal adjustment, “delinquency petition” as used in Rule 11-420.1 shall be construed to refer to a “CINS petition” under this Rule.
(C) If the child remains in shelter care, the hearing shall be commenced within 30 days after the date on which the court ordered continued shelter care. If the hearing is not held within that time, the child shall be released from shelter care on reasonable conditions set by the court pending an adjudicatory hearing.
(r) Adjudication; Adjudicatory Order. If the adjudicatory hearing is conducted by a judge, the judge shall prepare and file a written adjudicatory order accompanied by a written statement or an oral statement dictated into the record stating (1) a finding whether or to what extent the petitioner has proved the allegations of the petition, and (2) the grounds on which the finding is based. If the hearing is conducted by a magistrate, the magistrate shall prepare and file a report in accordance with Rule 11-103 (c) or (d).
(2) Scheduling. The disposition hearing may be held on the same day as the adjudicatory hearing if notice of the disposition hearing is waived on the record by all parties. If the disposition hearing is not held on the same day as the adjudicatory hearing and the child is not in shelter care, the disposition hearing shall be held no later than 30 days after the conclusion of the adjudicatory hearing. If the child is in shelter care, the disposition hearing shall be held no later than 14 days after the conclusion of the adjudicatory hearing, unless shelter care is extended in conformance with Code, Courts Article, § 3-8A-15(d)(6). If shelter care is extended, the disposition hearing shall be held before expiration of the extended shelter care.
(4) Procedure. If a judge conducts the hearing, the judge shall enter a written disposition order and shall either file or announce and dictate into the record (A) a statement of reasons for any order that includes placement of the child outside the child's home, and (B) a statement of each condition for any probation. If a magistrate conducts the hearing, the proceeding shall be in accordance with Rule 11-103.
[Adopted Nov. 9, 2021, eff. Jan. 1, 2022. Amended Sept. 30, 2022, eff. Jan. 1, 2023.]
MD Rules, Rule 11-502, MD R JUV CAUSES Rule 11-502
Current with amendments received through October 1, 2023. Some sections may be more current, see credits for details.
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