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RULE 11-213. ADJUDICATORY HEARING

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 11-213
RULE 11-213. ADJUDICATORY HEARING
Currentness
(a) Requirement. After a CINA petition has been filed, the court shall hold an adjudicatory hearing.
(b) Timing.
(1) Generally. Unless all parties agree to an earlier date, an adjudicatory hearing may not be held earlier than 15 days after the filing of the CINA petition.
(2) Child in Shelter Care.
(A) If the respondent child is in shelter care, the adjudicatory hearing shall be commenced within 30 days after the date on which the court ordered continued shelter care.
(B) For good cause, the court may extend the time for the hearing for a period not to exceed an additional 30 days. The court may not order continued shelter care for more than 30 days, except that it may extend the shelter care for an additional period not exceeding 30 days if it finds, by a preponderance of the evidence after a hearing held as part of an adjudicatory hearing, that continued shelter care is needed to provide for the safety of the child.
Cross reference: See In re Vanessa C., 104 Md. App. 452 (1995), holding that, although an adjudicatory hearing need not be completed within the permissible 30-day period, it must be commenced within that period, continue, insofar as possible, on a day-to-day basis, and be completed with a reasonable degree of continuity. See also In re Keith W., 310 Md. 99 (1987), holding that failure to hold an adjudicatory hearing within the time allowed by the Rule does not require dismissal of the petition.
(3) Child Not in Shelter Care. If the respondent child is not in shelter care, the adjudicatory hearing shall be held within 60 days after the CINA petition and the summons issued pursuant to Rule 11-206 are served on the attorney for the respondent child. On motion of a party made within that period, the county administrative judge, or the judge designated by the administrative judge, for extraordinary cause shown, may extend the time within which the adjudicatory hearing may be held. The judge shall state on the record the cause that requires an extension and specify the number of days of the extension.
(c) Presentation of Evidence; Burden of Proof. The petitioner shall present the evidence in support of the CINA petition and shall have the burden of proving the allegations in the petition by a preponderance of the evidence. Any other person authorized by the court may present evidence in support of the CINA petition.
Committee note: If the local department seeks to withdraw the CINA petition over the objection of the child, the child may elect to proceed on the CINA petition, in which event the child shall become the petitioner for the purposes of this section. See In re Najasha B., 409 Md. 20 (2009).
(d) Adjudication; Findings; Adjudicatory Order.
(1) Hearing Conducted by Magistrate. If the adjudicatory hearing was conducted by a magistrate, the magistrate shall announce into the record at the conclusion of the hearing the (A) findings of fact and conclusions of law supporting the recommended adjudication, and (B) a finding as required by Code, Courts Article, § 3-816.1.
(2) Hearing Conducted by Judge. If the adjudicatory hearing was conducted by a judge, the judge shall:
(A) prepare and file with the clerk an adjudicatory order specifying the adjudication; and
(B) either announce and dictate into the record at the conclusion of the hearing, or include in the adjudicatory order or attached memorandum, (i) the findings of fact and conclusions of law supporting the adjudication, and (ii) a finding as required by Code, Courts Article, § 3-816.1.
Source: This Rule is derived in part from former Rule 11-114 (2021) and is in part new.

Credits

[Adopted Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 11-213, MD R JUV CAUSES Rule 11-213
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document