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RULE 11-502. CHILD IN NEED OF SUPERVISION

West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 500. Other Proceedings
Effective: January 1, 2023
MD Rules, Rule 11-502
RULE 11-502. CHILD IN NEED OF SUPERVISION
Currentness
(a) Applicability. This Rule governs child in need of supervision proceedings conducted pursuant to Code, Courts Article, Title 3, Subtitle 8A.
(b) Definitions.
(1) The definitions stated in Code, Courts Article, § 3-8A-01 apply to this Rule, to the extent relevant.
(2) “CINS petition” means the pleading filed with the court under Code, Courts Article, § 3-8A-13 alleging that a child is in need of supervision.
(c) Confidentiality of Records. The confidentiality provisions stated in Code, Courts Article, § 3-8A-27 and Title 16, Chapter 900 of the Maryland Rules apply to court records pertaining to a child who is or was the subject of a proceeding under this Rule.
(d) Attorney. Rule 11-404 applies with respect to the right to representation by an attorney at a proceeding under this Rule.
Cross reference: See Code, Courts Article, § 3-8A-20 (a).
(e) Taking Child into Custody. Rule 11-405 applies with respect to taking a child into custody, except that a child alleged to be in need of supervision may not be placed in detention or community detention.
(f) Shelter Care. A child alleged to be in need of supervision may be placed in shelter care in accordance with the applicable provisions of Code, Courts Article, § 3-8A-15 and Rule 11-406.
(g) Emergency Medical Treatment. The court may order emergency medical, dental, or surgical treatment for a child alleged to be in need of supervision in conformance with Code, Courts Article, § 3-8A-21 and Rule 11-417.
(h) CINS Petition.
(1) Who May File. A CINS petition may be filed only by an intake officer.
Cross reference: See Code, Courts Article, § 3-8A-13 (b).
(2) Where Filed. The CINS petition shall be filed in the county where the child resides.
Cross reference: See Code, Courts Article, § 3-8A-08 (a).
(3) When Filed. The CINS petition shall be filed within the applicable time limits set forth in Code, Courts Article, § 3-8A-10.
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).
(4) Form and Content. The CINS petition shall be captioned “In the Matter of ..........” and shall state:
(A) the name and address of the petitioner and the basis of the petitioner's authority to file the petition;
(B) the child's name, address, and date of birth, and the name and address of the child's parent, guardian, or custodian;
(C) that the child is alleged to be in need of supervision;
(D) in clear, simple, and concise language but with particularity, the facts which constitute the alleged need for supervision, including the date of the alleged act(s) and, as applicable, any law(s) allegedly violated by the child;
(E) the name of each witness, known at the time the petition is filed, whom the petitioner intends to call to testify in support of the petition; and
(F) whether the child is in shelter care and, if so, (i) when that placement commenced, (ii) whether the child's parent, guardian, or custodian has been notified, and (iii) whether the petitioner is seeking continued shelter care.
(5) Copies. The intake officer shall file with the clerk a sufficient number of copies of the CINS petition to provide for service on the parties.
(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.
(j) Subpoenas. The clerk shall issue a subpoena for each witness requested by a party pursuant to Rule 11-105
(k) Initial Appearance Hearing. The court may hold an initial hearing to ensure service and provide notice of the right to counsel in accordance with Rule 11-412.
(l) Response to CINS Petition; Admission. A party served with a CINS petition under this Rule may file a response in conformance with Rule 11-413.
(m) Amendments. A petition, a motion, or any other paper filed under this Rule may be amended in accordance with Rule 11-414.
(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.
(o) Discovery.
(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.
(4) Disclosures Not to Be Filed with the Court. Unless otherwise ordered by the court, disclosures made pursuant to this Rule shall not be filed with the court but may be used at a hearing or as an exhibit to support or oppose a motion.
(5) Failure to Comply. The failure of a party to comply with a disclosure obligation does not automatically disqualify a witness from testifying. If a motion is filed to disqualify the witness, disqualification is within the discretion of the court.
(p) Hearings--Generally. The court shall conduct all hearings in an informal manner. The court may exclude the general public from a hearing and admit only those persons having a direct interest in the proceeding and their representatives.
Cross reference: See Code, Courts Article, § 3-8A-13 (f)(1) and (2).
(q) Adjudicatory Hearing.
(1) Requirement; Purpose.
(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.
(B) The purpose of the hearing is to determine whether the allegations of the petition, other than allegations that the child requires guidance, treatment, or rehabilitation, are true.
(2) Timing.
(A) Unless the parties agree to an earlier date, an adjudicatory hearing may not be held earlier than 15 days after the filing of the CINS petition.
(B) If the child is not in shelter care, the hearing shall be commenced within 60 days after the later of service of the petition or the entry of appearance of counsel for the child.
(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.
(D) Once commenced, an adjudicatory hearing shall be completed with a reasonable degree of continuity.
(3) Evidence; Standard of Proof. The petitioner shall present the evidence in support of the petition and has the burden of proving the allegations of the petition by a preponderance of the evidence.
(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).
(s) Disposition Hearing and Order.
(1) Generally. Unless a CINS petition is dismissed, the court shall conduct a separate disposition hearing to determine whether the child is in need of supervision as defined in Code, Courts Article, § 3-8A-01(e).
(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.
(3) Priorities in Disposition. The priorities in making a disposition shall be consistent with the purposes set forth in Code, Courts Article, § 3-8A-02.
(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.
(t) Modification or Vacation of Order. The court may modify or vacate an order if the court finds that action to be in the best interest of the child or the public. The provisions of Rule 11-423 (a) and (b) shall apply to a proceeding under this section.
(u) Termination of Jurisdiction. The court may enter a final termination of its jurisdiction in accordance with Rule 11-425.
Source: This Rule is new.

Credits

[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.
End of Document