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RULE 11-205. CINA PETITION

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

West's Annotated Code of Maryland
Maryland Rules
Title 11. Juvenile Causes
Chapter 200. Child in Need of Assistance (Refs & Annos)
Effective: January 1, 2022
MD Rules, Rule 11-205
RULE 11-205. CINA PETITION
(a) Who May File. A CINA petition may be filed only by:
(1) a local department; or
(2) under the circumstances set forth in Code, Courts Article, § 3-809 (e), the person or agency that filed a complaint or caused a complaint to be filed with the local department.
Cross reference: See Rule 11-202 (a) for the definition of “CINA petition.” See Code, Courts Article, § 3-809 for administrative procedures relating to the decision whether to file a petition.
(b) Where Filed; Transfer.
(1) Where Filed. A CINA petition shall be filed in the county where:
(A) the child is residing when the petition is filed; or
(B) any act on which the petition is based allegedly occurred.
(2) Transfer. If a CINA petition is filed in a county other than the county in which the child resides, the court may transfer the case in accordance with Code, Courts Article, § 3-805 (b).
Cross reference: See Code, Courts Article, § 3-805 (a)(1) concerning venue for filing.
(c) Separate CINA Petition for Each Child. A separate CINA petition shall be filed for each child alleged to be a CINA.
(d) Caption. The CINA petition shall be captioned “In the Matter of ..........”
(e) Form; Contents. The CINA petition shall be filed in substantially the form approved by the State Court Administrator and posted on the Judiciary website and shall state:
(1) the name and address of the petitioner and the basis of the petitioner's authority to file the petition pursuant to section (a) of this Rule;
(2) the child's name, address, and, if known, date of birth, and the name and address of each parent, guardian, or custodian of the child;
(3) the basis for the court's jurisdiction over the child pursuant to Code, Courts Article, § 3-803 or § 3-804;
(4) that the child is in need of assistance and, in clear and simple language, the alleged facts in support of that allegation;
(5) the name and address 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
(6) whether the child is in shelter care, and, if so:
(A) the date the shelter care commenced;
(B) whether the child's parent, guardian, or custodian has been notified; and
(C) whether the petitioner is seeking continued shelter care.
(f) Signature; Affidavit.
(1) Who Must Sign. The CINA petition shall be signed by:
(A) the petitioner personally, if the petitioner is an individual; or
(B) an attorney for the petitioner in other cases.
(2) Effect of Signature. The signature constitutes a certification that the signer has read the petition, that to the best of the signer's knowledge, information, and belief, there is a legal and factual basis to support the petition, and that it is not filed for an improper purpose or delay.
(3) When Affidavit Required. A CINA petition filed under the Interstate Compact for Juveniles or the Interstate Compact on the Placement of Children shall be verified by affidavit and comply with the requirements of the applicable Compact.
Cross reference: For the Interstate Compact for Juveniles, see Code, Human Services Article, Title 9, Subtitle 3. For the Interstate Compact on the Placement of Children, see Code, Family Law Article, Title 5, Subtitle 6.
(g) Copies. The petitioner shall file a sufficient number of copies to provide for service on the parties.
Committee note: Electronic filing of pleadings and papers is allowed only as provided by the Rules in Title 20.
Source: This Rule is derived in part from former Rule 11-103 (2021). Section (f) is derived from former Rule 11-103 a 3 and Rule 1-311 (b).

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-205, MD R JUV CAUSES Rule 11-205
Current with amendments received through December 1, 2023. Some sections may be more current, see credits for details.
End of Document