§ 3-819. Disposition hearing to determine whether child is a CINA
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2019
Effective: October 1, 2019
MD Code, Courts and Judicial Proceedings, § 3-819
§ 3-819. Disposition hearing to determine whether child is a CINA
(a)(1) Unless a CINA petition under this subtitle is dismissed, the court shall hold a separate disposition hearing after an adjudicatory hearing to determine whether the child is a CINA.
(b)(1) In making a disposition on a CINA petition under this subtitle, the court shall:
(ii) In making a disposition on a CINA petition under this subtitle, a disability of the child's parent, guardian, or custodian is relevant only to the extent that the court finds, based on evidence in the record, that the disability affects the ability of the parent, guardian, or custodian to give proper care and attention to the child and the child's needs.
(b-1)(1) If the court finds that a child enrolled in a public elementary or secondary school is in need of assistance and commits the child to the custody of a local department, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child has been found to be in need of assistance and has been committed to the custody of a local department.
(2) If the court rescinds the commitment order for a child enrolled in a public elementary or secondary school, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child is no longer committed to the custody of a local department of social services.
(c) In addition to any action under subsection (b)(1)(iii) of this section, the court may:
(d) If guardianship of a child is awarded to the local department under this subtitle, the local department shall notify the parents of the child and their attorneys as soon as practicable of any emergency decision made by the guardian with respect to the child under § 3-801(o) of this subtitle.
(e) If the allegations in the petition are sustained against only one parent of a child, and there is another parent available who is able and willing to care for the child, the court may not find that the child is a child in need of assistance, but, before dismissing the case, the court may award custody to the other parent.
(f) If the disposition removes a child from the child's home, the order shall:
(g)(1) A guardian appointed under this section has no control over the property of the child unless the court expressly grants that authority.
(h) The court may not commit a child for inpatient care and treatment in a psychiatric facility unless the court finds on the record based on clear and convincing evidence that:
(i) The court may not commit a child for inpatient care and treatment in a facility for the developmentally disabled unless the court finds on the record based on clear and convincing evidence that:
(j)(1)(i) Each commitment order issued under subsection (h) or (i) of this section shall require the custodian to file progress reports with the court at intervals no greater than every 6 months during the life of the order.
(k) An order vesting legal custody of a child in a person or agency is effective for an indeterminate period of time, but is not effective after the child reaches the age of 21.
(l) After giving the parent a reasonable opportunity to be heard, and determining the income of the parent, the court may order either parent or both parents to pay a sum in the amount the court directs to cover wholly or partly the support of the child under this subtitle.
(m) An order directing the provision of services to a child under subsection (c)(3) of this section is effective until:
Credits
Added by Acts 2001, c. 415, § 3, eff. Oct. 1, 2001. Amended by Acts 2002, c. 151, §§ 1, 2, eff. Oct. 1, 2002; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2003, c. 250, § 1, eff. Oct. 1, 2003; Acts 2005, c. 253, § 1, eff. Oct. 1, 2005; Acts 2005, c. 404, § 1, eff. Oct. 1, 2005; Acts 2005, c. 504, § 2, eff. Oct. 1, 2005; Acts 2005, c. 507, § 1, eff. Oct. 1, 2005; Acts 2006, c. 38, § 1, eff. April 8, 2006; Acts 2007, c. 461, § 1, eff. Oct. 1, 2007; Acts 2009, c. 60, §§ 1, 5, eff. April 14, 2009; Acts 2009, c. 567, § 1, eff. Oct. 1, 2009; Acts 2009, c. 568, § 1, eff. Oct. 1, 2009; Acts 2010, c. 188, § 1, eff. July 1, 2010; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2016, c. 423, § 1, eff. Oct. 1, 2016; Acts 2017, c. 62, § 6; Acts 2017, c. 655, § 1, eff. Oct. 1, 2017; Acts 2019, c. 304, § 1, eff. Oct. 1, 2019.
MD Code, Courts and Judicial Proceedings, § 3-819, MD CTS & JUD PRO § 3-819
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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