STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

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NOTICE OF PROPOSED RULES CHANGES

The Rules Committee has submitted its Two Hundred and

Eighth Report to the Court of Appeals, recommending rescission

of current Title 11 (Juvenile Causes) of the Maryland Rules of

Procedure and replacement of it by proposed new Title 11

(Juvenile Causes); amendments to current Rules 1-101, 2-111, 4101, 4-501, 5-101, 8-202, 9-101, 9-102, 9-103, 9-104, 9-105, 9106, 9-109, 9-111, 10-101, 16-807, and 16-914; rescission of

current Form 9-102.1 and renumbering of Forms 9-102.2, 9-102.3,

9-102.4, 9-102.5, 9-102.6, 9-102.7, 9-102.8, 9-102.9, and 9102.10; and rescission of Appendix: Forms, Forms for Juvenile

Causes, Forms 903-P/C, 903-P/A, 904-R, 904-S, 904-R/WS, 904-WS,

904-WA, 905-OE, 912-A, 912-N, 912-P/CDSC, 912-O/CDSC, 913-P/W,

913-O/W, 914-O/A, 915-O/PDC, 915-O/CJ, 915-O/PS, 915-O/PA, 916P/RPC, 916-P/RPSC, 916-SCO, 916-O/RCAS, 916-O/TPPS, 918-O/S,

918-O/JR, and 920-FOT.

The Committee’s Two Hundred and Eighth Report and the

proposed Rules changes are set forth below.

Interested persons are asked to consider the Committee’s

Report and proposed Rules changes and to forward on or before

August 26, 2021 any written comments they may wish to make to:

Sandra F. Haines, Esquire

Reporter, Rules Committee

Judiciary A-POD

580 Taylor Avenue

Annapolis, Maryland

21401

Suzanne Johnson

Clerk

Court of Appeals of Maryland

THE COURT OF APPEALS OF MARYLAND

STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

Hon. ALAN M. WILNER, Chair

SANDRA F. HAINES, Reporter

COLBY L. SCHMIDT, Deputy Reporter

HEATHER COBUN, Assistant Reporter

MEREDITH A. DRUMMOND, Assistant Reporter

Judiciary A-POD

580 Taylor Avenue

Annapolis, Maryland 21401

(410) 260-3630

FAX: (410) 260-3631

July 27, 2021

The Honorable Mary Ellen Barbera,

Chief Judge

The Honorable Robert N. McDonald

The Honorable Shirley M. Watts

The Honorable Michele D. Hotten

The Honorable Joseph M. Getty

The Honorable Brynja M. Booth

The Honorable Jonathan Biran,

Judges

Your Honors:

The Rules Committee submits this, its Two Hundred and

Eighth Report and recommends that the Court adopt the new Rules

and amendments to existing Rules transmitted with this Report.

Introduction

This Report contains substantial revisions to Title 11 of

the Maryland Rules that govern proceedings in the Juvenile

Courts, along with conforming amendments to other Rules. It is

the culmination of a project that began more than ten years ago

that was interrupted by matters of greater temporal urgency,

that later was picked up by a Work Group of the Judicial

Council, and that ultimately was completed by the Rules

Committee working with members of that Work Group and with

consultants from the Attorney General’s Office, the Department

of Juvenile Services, the Department of Human Services, the

Public Defender’s Office, State’s Attorneys’ Offices, and

Maryland Legal Aid.

The Juvenile Courts are unique in several respects. Unlike

the Circuit, District, appellate, and Orphans’ Courts, they are

not Constitutionally created courts but are a special statutory

division of the Circuit Courts, and also unlike those other

courts, their focus and their jurisdiction is narrow, although

critically important – the welfare of children. They deal with

children who, mostly through family circumstances, are not

properly cared for (children in need of assistance (CINA)),

children who are ungovernable and beyond the control of their

parents (children in need of supervision (CINS)), children who

commit acts that would be criminal if committed by an adult

(delinquent), children in need of a public guardian, often

leading to adoption, because of circumstances that make a

continuation of the parental relationship detrimental to the

child’s best interest (termination of parental rights (TPR)),

children who are persistently truant from school, and children

against whom a peace order has been sought. As noted near the

end of this Report, they also have a concurrent criminal

jurisdiction regarding certain offenses committed by adults.

Although their jurisdiction is narrow in scope, within that

scope the authority of the Juvenile Courts is very broad. They

exercise both dispute resolution and problem-solving functions,

and the Rules that govern their proceedings must accommodate

both of those functions. Unlike the situation with most

judicial proceedings, which are governed largely just by Rules

of the Court of Appeals, Juvenile Court proceedings are governed

also by detailed substantive and procedural requirements set

forth in statutes – Title 8, Subtitles 3, 3A, and 3C of the

Courts and Judicial Proceedings Article (CJP) and, with respect

to TPR proceedings, in Title 5, Subtitle 3 of the Family Law

Article.

That presented a drafting issue. Although the statutes are

detailed in many respects, they do not cover all of the

necessary procedural requirements. Anyone dealing with a

Juvenile Court needs to be aware of both the statutory

provisions and the Rules because they mesh. Our goal was to

make the process as transparent and efficient as possible by

alerting the judges, magistrates, attorneys, parties, and other

participants, in the Rules, to all of what they need to know,

either by copying relevant statutory procedural provisions in

the Rules, when that is practicable, or by adding crossreferences to those provisions when they are lengthy or are

accompanied by extensive annotations.

The current Title 11 Rules are not subdivided by the kind

of jurisdiction that is being exercised. Any distinction

between the requirements for a CINA and a delinquency case, for

example, is noted in a section, subsection, or phrase in the

current Rule dealing with the general matter.

The Committee believes that the various kinds of cases that

the Juvenile Courts deal with are sufficiently different to

require that they be treated separately, so that, with limited

exception, the participants can look in one place to see the

composite procedural requirements applicable to that kind of

case. This is done by dividing Title 11 into five distinct

Chapters – Chapter 100 dealing with a few general provisions

that, with limited exceptions, apply to all proceedings; Chapter

200 dealing with CINA cases; Chapter 300 dealing with TPR cases;

Chapter 400 dealing with delinquency and citation cases; and

Chapter 500 dealing with miscellaneous cases appearing less

frequently, which are themselves dealt with in separate Rules in

Chapter 500 (CINS, Voluntary Placement, Truancy, Peace Orders,

Expungement, and Adults Charged Criminally With Contributing or

School Attendance Violations). That also makes it easier to

blend in the relevant statutory provisions.

Chapter 100 – General Provisions

Chapter 100 contains an Applicability Rule, definitions

used throughout Title 11, and Rules dealing generally with

magistrates, motions, subpoenas, summonses, service, hearings,

producing the child in court, juvenile restraints, controlling

the conduct of persons before the court, and the translation of

papers into foreign languages. Most of those Rules are derived

from the current Rules or statutes or follow current practice.

We call special attention to Rules 11-101 (b) and (c) and 11112, which are new.

Rule 11-101

Rule 11-101 is an “Applicability” Rule. Section (a) simply

describes the kinds of proceedings covered by the Title.

Section (b) puts in one place the evidentiary Rules that apply

to the various kinds of proceedings conducted by the Juvenile

Courts, and section (c) calls attention to the fact that there

are two Interstate Compacts and a Federal statute that may apply

to proceedings under Title 11 and, if any of them are applicable

in a particular case, they will control, to the extent of any

conflict.

With respect to section (b), there are many kinds of

hearings conducted by the Juvenile Courts, and the Rules of

Evidence applicable in those hearings differ. The basic Rules

of Evidence are set forth in Title 5. Rule 1-101 (e) provides

that those Rules in Title 5 apply “to all actions in the courts

of this State, except as otherwise provided by statute or rule.”

That statement is copied as well in Rule 5-101 (a). Exceptions

-- and exceptions to the exceptions -- are provided in sections

(b) and (c) of Rule 5-101.

Rule 5-101 (b) lists 12 kinds of proceedings in which the

Title 5 Rules are inapplicable, two of which relate to Juvenile

Court proceedings: subsection (b)(11) – detention and shelter

care hearings, and subsection (b)(12) – “[a]ny other proceeding

in which, prior to the adoption of the rules in this Title, the

court was traditionally not bound by the common law rules of

evidence.”

Rule 5-101 (c) lists ten kinds of proceedings in which the

Title 5 Rules apply but, “in the interest of justice, the court

may decline to require strict application” of them. Included in

that list are waiver, disposition, and modification hearings in

Juvenile Court and “[a]ny other proceeding in which, prior to

the adoption of the rules in this Title, the court was

authorized to decline to apply the common law rules of

evidence.”

The two “catchall” provisions, themselves, can create

uncertainty as to what the 24 Juvenile Courts in the State were

doing prior to the taking effect of Title 5 on July 1, 1994 and

thus what they may continue to do. All of it is subject to two

clear mandates stated in Rule 5-101: lawful privileges must be

respected and the Rules relating to the competence of witnesses

apply in all cases.

The Committee believed that clarity was needed and

considered two options – putting a provision in each of the

Rules that provide for a hearing specifying what rules of

evidence are applicable, or putting that in one general

provision Rule – and chose the latter, mostly for convenience.

Unlike the approach in Rule 5-101, in which strict application

of that Rule is the default, the Committee chose to specify in

Rule 11-101 (b) the hearings in which strict application is

either required or not allowed and leave the discretionary

approach as the default for all other hearings. That preserves

what mostly is the practice now.

Rule 11-112

Rule 11-112 is a new Rule designed both as a matter of

important judicial policy (access to justice) and to protect

fundamental due process rights.

Increasingly, people who become parties to a Juvenile Court

proceeding are not fluent in English. In open court

proceedings, an interpreter would be provided for them. See Rule

1-333. The focus of this Rule is on documents that require a

response or that can subject a person to a significant

disadvantage if no response is timely filed or there is no

timely compliance. Those documents need to be in a language

that the non-English speaker can understand or, if in English,

translated by an interpreter or translator made available by the

filer of the document. The Committee note explains that this is

statutorily required for Executive Branch agency documents and

is feasible and already in place with respect to judicial

documents. Where the foreign language is a rare one in Maryland,

an interpreter or translator may be required rather than having

the documents preprinted in that language.

Chapter 200 – CINA Cases

Chapter 200 contains the Rules that govern CINA

proceedings. They are derived mostly from current Rules,

statutes, or practice. Rule 11-211 (Emergency Medical

Treatment) is new but is derived from CJP §3-824. The Committee

believed it important for that authority to be in a Rule, to

help assure that it is not overlooked.

Rule 11-212 (Discovery) also is new. The current Rule (11109 b) states only that the court, on good cause shown, may pass

such orders in aid of discovery and inspection of evidence as

justice may require. The scope and procedures for discovery in

CINA cases are limited by Federal and State statutes designed to

protect the confidentiality of sensitive information in certain

social service records. The disclosure of that information

cannot be required by a general Rule but only by a court order

specific to the case. See Code, Human Services Article, §§1-202

through 1-212 and 70 Op. Atty. Gen. 331 (1994). The Committee

nonetheless believes that something more than the current Rule

is desirable. It favors requiring the parties to seek relevant

information on an informal basis and to resort to a court order

only when that effort fails or is incomplete, and it sets both a

standard for obtaining an order and sanctions for failure to

comply.

Rule 11-216 (Disposition Hearing and Order) is derived in

part from current Rule 11-115 but adds a list of permissible

dispositions taken from Code, CJP §3-819.

Rule 11-217 is new. It incorporates the provisions of

Code, CJP §3-812 and allows the court, on request of the local

department of social services, to waive the requirement that the

department make reasonable efforts to reunify a child with the

child’s parents when a condition set forth in §3-812 exists

(mostly serious abuse or neglect of the child or certain

criminal behavior by the parent).

Much of Rule 11-219 (Post Disposition Review and

Modification; Permanency Plans) is new and is taken from Code,

CJP §§, 3-816.2, 3-820, and 3-823.

Chapter 300 – TPR Cases

Chapter 300 contains the Rules governing TPR cases. They

are mostly derived from current Rule 11-501, Title 9, Chapter

100 of the Md. Rules, and Code, Family Law Article (FL), §§5-313

through 5-328.

Rule 11-301 makes clear that the Rules in this Chapter do

not apply to ordinary guardianships under Title 10 of the Md.

Rules or to the termination of parental rights under Code, FL,

Title 5, Subtitle 14 (Title 9, Chapter 400 of the Md. Rules)

(child conceived as the result of nonconsensual sexual conduct

committed against a parent by the other parent).

The TPR process begins after a child has been found to be a

CINA, with the filing of a petition by the local department of

social services or, as rarely occurs, by the child. That is

dealt with in Rule 11-304 – who may file, where filed, timing,

contents, and that it is a new case. Although the child must

have already been found to be a CINA, the CINA case may still be

open, and the TPR case may be consolidated with the CINA case.

See Rule 11-311.

Upon the filing, the court must send notice to the parents

and attorneys for the parents (Rule 11-305) and enter a show

cause order (Rule 11-306). The show cause order informs the

parents, in plain English (or in the foreign language known to a

non-English speaker) of the three options the parent has:

return an enclosed objection form that contains a request for

the appointment of an attorney (Rule 11-307 and Form 11-307);

file an enclosed affirmative consent form (Rule 11-309 and Form

11-309); or do nothing, in which event, after 30 days, the

parent will be deemed by operation of law to have consented to

the guardianship. If a parent objects and either has a

disability that prevents him or her from effectively

participating in the case or is a minor, an attorney must be

appointed for the parent (Rule 11-308).

Rule 11-312 deals with when a hearing may or must be held.

Rule 11-313 provides time limits for a decision; Rule 11-314

recites the statutory standards for determining whether to grant

the petition; and Rule 11-315 provides for the guardianship

order. The next three Rules govern post-guardianship

proceedings: review hearings (Rule 11-316); when a conditional

consent fails (Rule 11-317); and termination of a guardianship

(Rule 11-318). Rule 11-319 requires the clerk to keep a

separate docket for these proceedings and requires that all

papers in the guardianship proceeding be sealed. Because these

proceedings are shifted to Title 11, conforming amendments are

proposed to the Rules and Forms in Title 9, Chapter 100.

Chapter 400 – Delinquency and Citation Cases

Most of the Chapter 400 Rules are derived from the current

Rules and the statutory provisions in CJP Title 3, Subtitle 8A.

Rule 11-404 – the right to an attorney – has been

rewritten. The current Rule on the right to an attorney (Rule

11-106) attempts to deal with that right in CINA, CINS, and

delinquency cases. Rule 11-404 deals just with delinquency and

citation cases and incorporates by reference the applicable

provisions of the Code regarding those cases. Section (b) of

the Rule is new. It precludes an attorney for a child who is

entitled to representation at State expense from striking his or

her appearance unless another attorney has entered an appearance

but terminates an appearance automatically 30 days after the

order of termination is entered. Rule 11-405 (Taking Child into

Custody) also is new but incorporates CJP §3-8A-14.

Rule 11-406 (Detention; Community Detention; Shelter Care)

is derived from current Rule 11-112 and incorporates CJP §3-8A15.

Rule 11-407 deals with the delinquency petition and is

derived from current Rules 11-103 and 11-104 and CJP §3-8A-13.

Rule 11-408 (Citation) is new. It is derived from CJP §§38A-10 and 3-8A-33. A citation constitutes a charging document

and an initial pleading against the child.

The next three Rules deal with the transfer of cases from

or to another court. Rule 11-409 sets forth the procedure to be

followed upon the transfer of a case from the criminal court

pursuant to §4-202 or §4-202.2 of the Criminal Procedure

Article. It is derived from current Rule 11-102A. Rule 11-410

deals with the waiver of Juvenile Court jurisdiction and the

transfer of a case to the criminal court pursuant to CJP §3-8A06. It is derived from current Rule 11-113. Rule 11-411 deals

with the transfer of a case from one county to another, when the

case was filed in a county other than where the child resides or

is domiciled. It is a new Rule but incorporates provisions in

CJP §3-8A-09.

Rule 11-412 is new. It provides for an initial appearance

hearing when, following the filing of a petition or citation, no

attorney has entered an appearance for the child. The purpose

is to determine whether the petition has been served (and, if

not, to effect service), to explain the nature of the

allegations in the petition and the possible dispositions if the

child is found delinquent, and to explain the right of the child

and the parents to an attorney. This is comparable to the

procedure applicable in criminal cases pursuant to Rule 4-213.

Rules 11-413 (Response to Petition; Admission) and 11-414

(Amendments) are derived from current Rules 11-107 and 11-108,

respectively. Rule 11-415 (Study; Examination) is derived from

current Rule 11-105 and CJP §3-8A-17.

Rule 11-416 (Competence of Child) is new. It is derived

from CJP §§3-8A-17.1 through 3-8A-17.11. Rule 11-417 (Emergency

Medical Treatment) also is new. It incorporates CJP §3-8A-21.

Rule 11-418 (Discovery and Inspection) also is new. The

current discovery Rule is Rule 11-109 – a long Rule patterned on

Rule 4-263 applicable in criminal cases. Rule 11-418 does not

change the substance of the current Rule but simply incorporates

by reference Rule 4-263 with modifications only to some of the

terminology (respondent in place of defendant, for example). As

does the current Rule, Rule 11-418, recognizing the expedited

procedure in Juvenile cases, requires disclosure of matters and

information in time to permit their beneficial use at a hearing

in which the material may be relevant, rather than as provided

in Rule 4-263 (h).

Rule 11-419 (Motions) is new. It is based on Rule 4-252,

with modifications necessary to accommodate the expedited

procedure in Juvenile cases, particularly with respect to

mandatory motions. Rather than requiring such motions to be

filed within 30 days after the first appearance of the defendant

of counsel, the deadline is five business days before the first

scheduled adjudicatory hearing, unless the court, for good

cause, orders otherwise.

Rule 11-420 (Stet) is new. It is based on Rule 4-248 but

requires that the delinquency petition be deemed terminated by

operation of law when the respondent reaches age 21.

Rule 11-421 (Adjudicatory Hearing) is derived in part from

current Rule 11-114 and CJP §§3-8A-15 and 3-8A-18. It retains

the time limits on conducting the hearing (60 days from service

of the petition generally, 14 days after denial or withdrawal of

a waiver petition, 30 days after an order of continued

detention, community detention, or shelter care) but adds, in

subsection (b)(5) that, once commenced, an adjudicatory hearing

shall be completed with a reasonable degree of continuity.

Rule 11-422 (Disposition Hearing and Order) is derived from

current Rule 11-115 and CJP §3-8A-19. Section (e), dealing with

citations, is new. Section (g), dealing with restitution, is

derived in part from current Rule 11-118 and from Criminal

Procedure Article, §11-603 and CJP §3-8A-28.

Rule 11-423 (Revisory Power; Post Disposition Hearings) is

derived from current Rule 11-116 and CJP §3-8A-15. A concern

was expressed regarding recommendations for modification made by

agencies having supervision of the child that parents or other

interested parties may not be aware of. To address that

problem, the Committee has added the requirement in subsection

(a)(4) that the agency notify the parties, who will have the

right to request a hearing on the recommendation.

Rule 11-424 (Violation of Probation) is new. It is derived

in part from current Rule 11-116 c and Rule 4-347.

Rule 11-425 (Final Order of Termination) is derived in part

from current Rule 11-120. Section (b) is new and is modeled on

language proposed in Rule 11-423 (a)(3) and (4).

Chapter 500 – Other Proceedings

Chapter 500 consists of a “Scope” Rule (11-501) and

separate Rules for each of the other kinds of cases over which

the Juvenile Courts have jurisdiction.

Rule 11-502 – Child in Need of Supervision

“Child in need of supervision” is defined in CJP §3-8A-01

(e) as a child who requires guidance, treatment, or

rehabilitation and: (1) is required to attend school and is

habitually truant; (2) is habitually disobedient, ungovernable,

and beyond the control of the person having custody of him/her;

(3) deports him/herself so as to injure or endanger him/herself

or others; or (4) has committed an offense applicable only to

children. The guidance, treatment, or rehabilitation is

intended to repair family relationships and, through behavior

modification, avert the child’s moving into delinquency. At one

time, CINS cases constituted a more significant part of Juvenile

Court dockets. In more recent times, it has fallen by the

wayside; very few CINS cases are being filed. 1 The statutory

provisions governing CINS cases are lumped together with

delinquency and peace order cases in CJP Title 3, Subtitle 8A.

The Rules governing CINS cases are derived from those statutes.

A CINS petition may be filed only by a Department of

Juvenile Services (DJS) intake officer. An alleged CINS may be

taken into custody, placed in shelter care, and subjected to

emergency medical treatment in the same manner as an alleged

delinquent child but may not be placed in detention or community

detention. See Rule 11-502 (e), (f), and (g).

Upon the filing of a petition, summonses and subpoenas are

issued, and the court may hold an initial hearing to assure

service and counsel. (Rule 11-502 (k)). The parties to a CINS

case have the same right to an attorney as the parties to a

delinquency case. (CJP §3-8A-20; Rule 11-502 (d)). Discovery

is governed by Rule 11-502 (o). Hearings are conducted in an

informal manner, and the court may exclude the general public.

An adjudicatory hearing must be held before a judge or a

magistrate within 60 days after service of the petition or, if

the child is in shelter care, within 30 days after the date on

which the court ordered continued shelter care. (Rule 11-502

(q)). Unless the petition is dismissed, a disposition hearing

must be held and may be held on the same day as the adjudicatory

hearing if notice of the hearing is waived. (Rule 11-502 (s)).

In the three years FY 1981 through 1983 there were 1,131 CINS

filings in the Juvenile Courts. In the past five years (2016 to

2020), only 245 CINS cases were filed. In 2020, there were 2;

in 2019, there were 6; in 2018, there were 4.

The disposition options are listed in CJP §3-8A-19 (d).

They include placing the child on probation or under supervision

in his/her own home or in the custody or under the guardianship

of a relative, other fit person, DJS, the Department of Health,

or a public or licensed private agency. Rule 11-502 (s)(3)

directs that the priorities in making a disposition shall be

consistent with CJP §3-8A-02, which does not contain a list of

priorities but states the purposes of that Subtitle. Sections

(t) and (u) provide for modification or vacation of a

disposition order and for termination of the court’s

jurisdiction.

Rule 11-503 – Voluntary Placement

A voluntary placement is an out-of-home placement of a

child into foster care, kinship care, group care, or residential

treatment care pursuant to a voluntary placement agreement

between a local social services department and the parent or

guardian of the child or a former CINA between the ages of 18

and 20 years and six months. It is provided for in Family Law

Article, §5-525 and CJP §3-819.1. There is no current Rule

dealing specifically with voluntary placements, notwithstanding

that CJP §3-819.1 requires a hearing in the Juvenile Court to

determine whether the voluntary placement should continue.

Rule 11-503 sets forth the procedure and covers the same

topics covered in the Rules governing other Juvenile Court

proceedings – definitions, the petition, service, responses,

confidentiality of records, the child’s right to an attorney,

discovery, study and examination of the child, emergency medical

treatment, the hearing, court findings, review hearings, and

permanency plans.

Rule 11-504 – Truancy Reduction Pilot Program

As a matter of context, there are four statutes that punish

truancy. As noted above, habitual truancy can support a CINS

petition against the child (CJP §3-8A-01 (e)), and, as noted

below with respect to Rule 11-507, an adult who contributes to a

child becoming CINS is guilty of a misdemeanor that carries a

sentence of up to three years in prison (CJP §3-8A-30). The

CINS case is within the exclusive jurisdiction of the Juvenile

Court. The “contributing” case also may be filed in the

Juvenile Court, although those charges mostly are filed in the

District Court or the criminal division of the Circuit Court.

With certain exceptions, section 7-301 (a-1) of the

Education Article requires each child residing in Maryland

between the ages of five and 18 to attend a public school

regularly during the entire school year. Section 7-301 (e)

makes it a misdemeanor subject to a fine and imprisonment for up

to three days (five days for a subsequent violation) for a

person who has legal custody or care and control of a child

between the ages of five and 16 to fail to see that the child

attends school or receive instruction. That charge is against

the parent or custodian, not the child.

CJP Title 3, Subtitle 8C authorizes the respective Circuit

Administrative Judges to establish a truancy reduction pilot

program in the Circuit Courts in Dorchester, Harford, Kent,

Prince George’s, Somerset, Talbot, Wicomico, and Worcester

Counties. Programs have been created in those counties, and the

Committee has been advised that legislation is likely to be

proposed to extend the program Statewide and no longer regard it

as a pilot program. The basis of that program is CJP §3-8C-03,

which repeats that a child who is required under §7-301 of the

Education Article to attend school may not fail to do so without

a lawful excuse, but, unlike §7-301 of the Education Article,

provides that a violation of CJP§ 3-8C-03 constitutes a civil,

not a criminal, offense.

The statute permits only an “authorized school official” to

file a petition in Juvenile Court alleging that a child required

by law to attend school has failed to do so without a lawful

excuse but does not define that term. The statute provides for

an adjudicatory hearing, a standard of proof, that the rules of

evidence apply, for a disposition hearing and permissible

dispositions, for probation, and that the Maryland Rules shall

govern the format of the petition and the procedures to be

followed. There is no current Rule regarding this program.

Rule 11-504 fills in the gaps. It clarifies who can file a

petition – the school official designated by an agreement

between the court and the local school system. The Rule covers

the normal topics – the petition, summonses and subpoenas,

adjudicatory and disposition hearings. Neither the statute nor

the proposed Rule mention anything regarding the child’s right

to an attorney. There is no provision in the Code or in the

proposed Rule for a right to appointed counsel because an

adjudication of a Subtitle 8C violation is not a criminal

conviction and does not impose any of the civil disabilities

ordinarily imposed by a criminal conviction. See CJP §3-8C-03.

Rule 11-505 –Peace Orders

Requests for peace orders against juveniles are filed in

Juvenile Court pursuant to CJP, §§3-8A-19.1 through 3-8A-19.5.

There currently is no Rule governing those requests. Proposed

Rule 11-505 is new but follows the Code provisions.

A request for a peace order may be filed only by a DJS

intake officer. The Rule provides where it must be filed, what

it must contain, for the issuance and service of summonses for

the child, the child’s parent, guardian, or custodian, and the

victim, the right to a hearing, the issuance of an order, the

forms of relief, service of the order, and modification and

rescission of the order.

Rule 11-506 – Expungement

Expungement of Juvenile Court records is provided for in

CJP §3-8A-27.1. Rule 11-506 is derived from current Rule 11601.

Rule 11-507 – Adult Charged with Contributing;

School Attendance Violations

CJP §§3-828 and 3-8A-30 make it a misdemeanor, punishable

by up to three years in prison, for an adult willfully to

contribute to, encourage, cause, or tend to cause any act,

omission, or condition that renders a child in need of

assistance, delinquent, or in need of supervision. Because

those offenses are misdemeanors, the District Court has

jurisdiction over them. Because of the three-year prison

sentence, the defendant has a right to a jury trial in a Circuit

Court. CJP §§3-803 (c) and 3-8A-03 (b), however, give the

Juvenile Courts concurrent jurisdiction over them as well. The

statutes require the Juvenile Court to waive its jurisdiction on

motion of either the State’s Attorney or the adult defendant.

CJP §3-8A-03 (c) separately gives the Juvenile Courts concurrent

jurisdiction with the District Court over criminal cases arising

under the compulsory public school attendance laws, and the

defendant may elect to be tried in the District Court for a

criminal violation of Code, Education Article, §7-301 (e). See

CJP § 4-303.

There is no current Rule governing procedure in the

Juvenile Courts with respect to those offenses, and drafting one

was not easy. All of the procedural requirements applicable to

criminal cases in Title 4 of the Rules – waiver of counsel,

waiver of jury trial, suppression motions – would need to be

incorporated, at least by reference, in the Title 11 Rules. In

fact, very few of these cases are actually filed in or remain in

Juvenile Court. According to the Administrative Office of the

Courts, none were filed in 2017, 2018, or 2019. In the threeyear period 2009, 2010, and 2011, only four were filed, all in

Garrett County.

The Juvenile Subcommittee of the Rules Committee supported

a bill introduced into the 2021 Session of the General Assembly

to repeal the concurrent jurisdiction of the Juvenile Courts

over those offenses (HB 1338), but, although there was no

opposition to the bill, it failed in the House Judiciary

Committee. The Rules Committee, therefore, has drafted Rule 11507 to provide a procedure for dealing with these cases, should

any be filed in a Juvenile Court.

Conforming Amendments

Conforming amendments are proposed to Rules 1-101, 2-111,

4-101, 4-501, 5-101, 8-202, 9-101, 9-102, 9-103, 9-104, 9-105,

9-106, 9-109, 9-111, 10-101, 16-807, and 16-914, and Forms 9102.2 through 9-102.10. Form 9-102.1 and the Forms for Juvenile

Causes in the Appendix of Forms are proposed to be deleted.

For the further guidance of the Court and the public,

following the proposed new Rules and the proposed amendments to

each of the existing Rules is a Reporter’s note describing in

further detail the reasons for the proposals. We caution that

the Reporter’s notes are not part of the Rules, have not been

debated or approved by the Committee, and are not to be regarded

as any kind of official comment or interpretation. They are

included solely to assist the Court in understanding some of the

reasons for the proposed changes.

Respectfully Submitted,

/ s /

Alan M. Wilner

Chair

AMW:sdm

cc: Suzanne C. Johnson, Clerk

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

TABLE OF CONTENTS

Rule 11-101. APPLICABILITY

(a) Rules in Title 11

(b) Rules of Evidence

Rule 11-102. DEFINITIONS

(a) Statutory Definitions

(b) Additional Definitions

(1) Court

(2) Next Day

(3) Parent

(4) Respondent

(5) State’s Attorney

(6) Summons

Rule 11-103. MAGISTRATES

(a) General Authority; Applicability

(1) Generally

(2) Exception

(3) Findings, Conclusions, and Recommendations

(b) Hearings

(1) Authority to Conduct and Regulate

(2) Recording

(1) Contents of Reports

(2) When Filed

(3) Service

(d) Immediate Review

(1) By Agreement

(2) Emergency Orders

(e) Exceptions

(1) Filing; Content

(2) Transcript

(f) Hearing on Exceptions

(1) Duty to Schedule

(2) Type and Scope of Hearing

(3) Record

(g) Review by Court if No Exceptions Filed

Rule 11-104. MOTIONS

(a) Generally

(b) Response

(d) Statement of Grounds

(e) Affidavit

Rule 11-105. SUBPOENAS

(a) Generally

(b) Hospital Records

Rule 11-106. SUMMONS

(a) Generally

(b) Content

(1) Generally

(2) Production of Child

Rule 11-107. SERVICE OF PAPERS

(a) Summons

(b) Other Papers

Rule 11-108. HEARINGS

(a) Non-jury

(b) Recording

(d) Open and Closed Hearings

(1) Exclusion from CINA or Voluntary Placement

Hearings

(2) Exclusion from CINS, Delinquency, or Peace Order

Hearings

(3) Participation by Nonparties

(4) Confidential Information

(e) List of Open Hearings

(f) Notice

(1) Generally

(2) Timing

(g) Consolidation

(1) Multiple Petitions Against One Respondent

(2) Petitions Filed Against More than One Respondent

(h) Victims

(i) Admissions Made in Court

Rule 11-109. PRODUCTION OF CHILD

Rule 11-110. JUVENILE RESTRAINTS

Rule 11-111. CONTROLLING CONDUCT

(a) Authority

(b) Service of Order

Rule 11-112. PAPERS IN A FOREIGN LANGUAGE

RULE 11-101

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-101, as follows:

Rule 11-101.

(a)

APPLICABILITY

Rules in Title 11

The Rules in this Title govern procedure in juvenile

causes under Code, Courts Article, Title 3, Subtitles 8, 8A, and

8C; public agency guardianships under Code, Family Law Article,

Title 5, Subtitle 3, Part II; and criminal proceedings against

an adult under Code, Courts Article, §§3-828 and 3-8A-30 and

Code, Education Article, §7-301.

The Rules in this Title do not

govern adoption proceedings.

Cross reference: For procedures governing adoptions under Code,

Family Law Article, Title 5, Subtitle 3, Parts III, IV, V, and

VI, see the Rules in Title 9, Chapter 100.

(b)

Rules of Evidence

(1) In all proceedings under this Title, lawful privileges

shall be respected and the Rules governing competency of

witnesses shall apply.

(2) The Rules of Evidence in Title 5 of these Rules apply to

the following proceedings under this Title:

(A) Adjudicatory hearings conducted in:

RULE 11-101

(i) CINA proceedings under Chapter 200;

(ii) delinquency proceedings under Chapter 400; and

(iii) CINS, truancy, and peace order proceedings under

Chapter 500;

(B) A hearing on waiver of reunification efforts under

Rule 11-217;

(D) A hearing following a failed conditional consent under

Rule 11-317;

(E) A hearing on the merits of an emergency removal of a

child from a court ordered placement under Chapters 200 and 300;

and

(F) Proceedings in which an adult is charged in juvenile

court under Rule 11-507, to the same extent that the Rules of

Evidence would apply to the proceeding in adult criminal court.

(3) Subject to subsection (b)(1) of this Rule, the Rules of

Evidence in Title 5 of these Rules do not apply to the following

proceedings under this Title:

(A) Shelter care and detention hearings under Chapters 200

and 400;

(B) Emergency hearing proceedings following the removal of

a child from a court-ordered placement under Chapters 200 and

300; and

RULE 11-101

(4) Subject to subsection (b)(1) of this Rule, the court, in

the interest of justice, may decline to require strict

application of the Rules of Evidence in Title 5 of these Rules

in all other proceedings.

(c)

Interstate Compacts; Indian Child Welfare Act

The Rules in this Title are subject to the applicable

provisions of Code, Human Services Article, Title 9, Subtitle 3

(Interstate Compact for Juveniles); Code, Family Law Article,

Title 5, Subtitle 6 (Interstate Compact on the Placement of

Children); and 25 U.S.C. §1901 et seq. (the Indian Child Welfare

Act).

Source:

This Rule is new.

REPORTER’S NOTE

Current Title 11 (Juvenile Causes) is proposed to be

rescinded and replaced by a revised Title 11, divided into five

chapters: Chapter 100 (General Provisions), Chapter 200 (Child

in Need of Assistance), Chapter 300 (Guardianship Terminating

Parental Rights), Chapter 400 (Delinquency and Citation

Proceedings), and Chapter 500 (Other Proceedings).

In Rule 11-101, section (a) lists the Maryland Code

sections that include proceedings governed by Title 11.

Section (b) sets out the applicability of the Rules of

Evidence to the various proceedings in juvenile court. The

Committee determined that it was preferable to create one

general provision stating the applicability of the Rules in

RULE 11-101

Title 5 to these proceedings, rather than specify the

applicability in each Rule that contains a hearing component.

Subsection (b)(1) incorporates the provisions of Rule 5-101

stating that lawful privileges must be respected and the Rules

governing competency of witnesses must apply. Generally, the

Rules of Evidence apply at all adjudicatory hearings and other

non-emergency hearings where significant rights of the parties

are at stake, such as a hearing on a guardianship petition.

Title 5 also applies to proceedings where an adult is charged in

juvenile court as it would in adult criminal court. The Rules

of Evidence do not apply at emergency hearings, including

shelter care and detention proceedings, and guardianship review

hearings. At all other proceedings under Title 11, the court,

in the interest of justice, may decline to require strict

application of the Rules of Evidence in Title 5.

Section (c) states that the Rules in Title 11 are subject

to applicable Interstate Compacts and the federal Indian Child

Welfare Act.

RULE 11-102

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-102, as follows:

Rule 11-102.

DEFINITIONS

The following definitions apply in this Title:

(a)

Statutory Definitions

The definitions in Code, Courts Article, §§3-801 and 3-

8A-01 are applicable to this Title.

If a definition in Code,

Courts Article, Title 3, Subtitle 8 differs from the definition

of the term in Code, Courts Article, Title 3, Subtitle 8A, the

definition in the Subtitle under which the particular action or

proceeding was filed applies.

Cross reference: See Code, Courts Article, §3-801 for

definitions of “abuse,” “adjudicatory hearing,” “adult,”

“child,” “child in need of assistance,” “CINA,” “commit,”

“custodian,” “custody,” “developmental disability,” “disposition

hearing,” “guardian,” “guardianship,” “local department,”

“mental disorder,” “mental injury,” “neglect,” “party,”

“qualified residential treatment program,” “reasonable efforts,”

“relative,” “sex trafficking,” “sexual abuse,” “sexual

molestation or exploitation,” “shelter care,” “shelter care

hearing,” “TPR proceeding,” “voluntary placement,” and

“voluntary placement hearing.”

See Code, Courts Article, §3-8A-01 for definitions of

“adjudicatory hearing,” “adult,” “child,” “child in need of

supervision,” “citation,” “commit,” “community detention,”

“competency hearing,” “custodian,” “delinquent act,” “delinquent

child,” “detention,” “developmental disability,” “disposition

RULE 11-102

hearing,” “incompetent to proceed,” “intake officer,” “mental

disorder,” “mental retardation,” “mentally handicapped child,”

“party,” “peace order proceeding,” “peace order request,”

“petition,” “qualified expert,” “respondent,” “shelter care,”

“victim,” “violation,” and “witness.”

(b)

Additional Definitions

In this Title, the following additional definitions apply

except as expressly otherwise provided or as necessary

implication requires:

(1) Court

“Court” means the division or part of the circuit court

that exercises the jurisdiction conferred on the circuit courts

by Code, Courts Article, Title 3, Subtitles 8, 8A, and 8C.

(2) Next Day

“Next day” means the next day that the circuit court is

in session.

(3) Parent

“Parent” means a natural or adoptive parent whose

parental rights have not been terminated and a de facto parent.

Cross Reference: See Conover v. Conover, 450 Md. 1 (2016) and

E.N. v. T.R., __ Md. __(No. 44, September Term, 2020, filed July

12, 2021).

(4) Respondent

“Respondent” means the juvenile who is the subject of a

petition.

(5) State’s Attorney

“State’s Attorney” has the meaning set forth in Rule 423

RULE 11-102

102 to the extent the individual is authorized to represent the

State in a proceeding under Code, Courts Article, Title 3,

Subtitle 8A.

(6) Summons

“Summons” means a writ notifying the person named in the

summons that:

(A) the person summoned is a party in an action

that has been commenced in the court from which the summons is

issued, and (B) failure to attend may result in the issuance of

a body attachment or contempt proceedings for the person

summoned.

Source:

This Rule is derived from former Rule 11-101 (2021).

REPORTER’S NOTE

Proposed Rule 11-102 contains definitions of terms that are

used throughout the Title.

Section (a) incorporates statutory definitions in Title 3

of the Courts Article and states that if a definition in

Subtitle 8 differs from a definition in Subtitle 8A, the

definition in the Subtitle pursuant to which the proceeding was

filed applies. A cross reference lists the terms defined in

each Subtitle.

Section (b) defines additional terms used in the Title.

“Court” is defined to include any circuit court division that

exercises jurisdiction conferred by Code, Courts Article, Title

3, Subtitles 8, 8A, and 8C. “Next day” means the next day the

court is in session. “Parent” is defined to include a de facto

parent, established in accordance with Conover v. Conover, 450

Md. 1 (2016) and E.N. v. T.R., __ Md. __(No. 44, September Term,

RULE 11-102

2020, filed July 12, 2021). “Respondent” means the juvenile who

is the subject of a petition. The definition of “State’s

Attorney” is derived from Rule 4-102. “Summons” is derived from

the definition in Rule 1-202.

RULE 11-103

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-103, as follows:

Rule 11-103.

(a)

MAGISTRATES

General Authority; Applicability

(1) Generally

A magistrate appointed for juvenile causes is authorized

to hear any cases and matters under this Title assigned by the

court, except a hearing to terminate parental rights under Rule

11-312, a hearing on a waiver petition under Rule 11-410, or a

trial under Rule 11-507.

(2) Exception

Other than the procedures set forth in section (b) of

this Rule, the procedures in this Rule do not apply to hearings

before a magistrate in detention or shelter care proceedings.

Cross reference: See Rule 11-204 for procedures in CINA shelter

care proceedings. See Rule 11-406 for procedures in delinquency

detention and shelter care proceedings.

(3) Findings, Conclusions, and Recommendations

The findings, conclusions, and recommendations of a

magistrate do not constitute orders or final action of the

court.

RULE 11-103

(b)

Hearings

(1) Authority to Conduct and Regulate

A magistrate may conduct hearings and regulate all

proceedings relating to a hearing, including:

(A) fixing the time and place of the hearing, including

permitting remote participation in the hearing;

(B) directing the issuance of subpoenas to compel the

attendance of witnesses and the production of documents or other

tangible things;

(D) ruling on the admissibility of evidence;

(E) examining witnesses;

(F) convening, continuing, and adjourning the hearing, as

required; and

(G) recommending contempt proceedings or other sanctions

to the court.

(2) Recording

All proceedings before a magistrate shall be recorded

verbatim.

(c)

Report and Recommendations

(1) Contents of Reports

The magistrate’s report shall be a written report that

includes proposed findings of fact, conclusions of law, and

recommendations, and be accompanied by a proposed order.

RULE 11-103

(2) When Filed

Within 10 days after completing a disposition hearing or

a post-disposition proceeding that requires a court order, the

magistrate shall transmit to a judge assigned to the court the

entire file in the case, together with the magistrate’s report.

(3) Service

A copy of the report and proposed order shall be served

on each party as provided by Rule 20-205 in MDEC counties or

Rule 1-321 in non-MDEC counties.

Cross reference: See Rule 1-321 addressing the service of

pleadings and other papers filed after the original pleading.

(d)

Immediate Review

(1) By Agreement

The parties may agree to waive the right to file

exceptions to the magistrate’s report and recommendations and to

the immediate entry of the order proposed by the magistrate with

such amendments or clarifications to which the parties agree.

(2) Emergency Orders

If a magistrate finds that extraordinary circumstances

exist and recommends that an order be entered immediately, a

judge of the court shall review the file, any exhibits, and the

magistrate’s findings and recommendations and shall afford the

parties an opportunity for oral argument.

The court may accept,

reject, or modify the magistrate’s recommendations and issue an

RULE 11-103

immediate order.

An order entered under this subsection remains

subject to a later determination by the court on exceptions.

(e)

Exceptions

(1) Filing; Content

Unless waived pursuant to subsection (d)(1) of this

Rule, any party may file exceptions to the magistrate’s proposed

findings, conclusions, or recommended order.

The exceptions

shall be in writing, filed with the clerk within five days after

service of the magistrate’s report, and served on each other

party.

Exceptions shall specify:

(A) whether the excepting party requests that the hearing

on exceptions be de novo or on the record made before the

magistrate; and

(B) with particularity, those items to which the party

excepts and, if the hearing is to be on the record, each

asserted error.

(2) Transcript

If the hearing is to be on the record made before the

magistrate, the excepting party shall cause to be prepared,

transmitted to the court, and served on each other party, a

transcript of so much of the proceeding as is necessary for the

court to rule on the exceptions, unless (A) a transcript has

already been filed, (B) the hearing is to be on an agreed

statement of facts, or (C) the hearing is to be on an electronic

RULE 11-103

recording of the proceeding before the magistrate.

The

transcript shall be filed and served within 20 days after the

filing of exceptions unless, upon motion made prior to

expiration of the 20-day period, and for good cause, the court

extends that time.

(f)

Hearing on Exceptions

(1) Duty to Schedule

Upon the filing of timely exceptions which comply with

this Rule, the court shall schedule a prompt hearing, which

shall occur within 30 days after the filing of exceptions unless

the court, with the agreement of the parties or for good cause,

extends the time.

(2) Type and Scope of Hearing

(A) The hearing shall be limited to those matters to which

exceptions have been filed.

(B) An excepting party, other than the State in a

delinquency proceeding, may elect a hearing de novo or a hearing

on the record made before the magistrate.

If the excepting

party did not request a de novo hearing when filing the

exceptions, the hearing shall be on the record.

proceeding involving juvenile delinquency, the hearing shall be

on the record, supplemented by additional evidence as the judge

considers relevant and to which the parties raise no objection.

RULE 11-103

(D) If the hearing is on the record, the court may confine

the hearing to the particular allegations of error stated in the

exceptions.

Cross reference:

See Code, Courts Article, §3-807 (c).

(3) Record

(A) If the hearing is on the record made before the

magistrate, the hearing shall be held either on an agreed

statement of facts or on the part of the record that is relevant

to the exceptions.

(B) The court, on its own initiative or on motion of a

party, may accept an electronic recording of the proceeding in

place of a transcript.

(g)

Review by Court if No Exceptions Filed

If no exceptions have been filed in compliance with this

Rule, the court, within 10 days after the expiration of the time

for filing exceptions, shall:

(1) adopt the magistrate’s proposed findings of fact,

conclusions of law, and recommendations and enter an appropriate

order based on them;

(2) remand the case to the magistrate for a further hearing;

(3) schedule a de novo hearing before the court, unless the

parties agree to a hearing on the record.

Source:

This Rule is derived in part from former Rules 11-110

RULE 11-103

and 11-111 (2021).

Section (d) is new.

REPORTER’S NOTE

Proposed Rule 11-103 addresses the authority and duties of

magistrates in juvenile proceedings under Title 11.

Section (a) is derived from current Rule 11-111 a and

states the magistrate’s authority to hear cases and matters

assigned by the court. Generally, magistrates may hear any

matters other than waiver petitions, hearings to terminate

parental rights, and trials of adults charged under Rule 11-507.

Sections (c) through (g) do not apply to hearings in detention

or shelter care proceedings. A cross reference refers to Rules

governing procedures in shelter care and detention proceedings.

Section (b) is derived from current Rule 11-110 a and

specifies the authority of magistrates to conduct and regulate

hearings, including fixing the time and place, issuing

subpoenas, administering oaths, ruling on evidence, examining

witnesses, convening and adjourning hearings, and recommending

contempt or other sanctions. Proceedings before a magistrate

shall be recorded.

Section (c) is derived from current Rule 11-111 b and

states the requirements and procedure for the issuance of the

magistrate’s report and recommendations. Subsection (c)(1)

requires the report to be written and include proposed findings

of fact, conclusions of law, recommendations, and proposed

orders. Even in cases where the parties waive exceptions, the

magistrate must make a written report to provide the judge

reviewing the matter context for the proposed order.

Subsection (c)(2) requires the report to be filed within 10

days after completing a disposition hearing or post-disposition

proceeding requiring an order. Subsection (c)(3) requires

service of the report on each party.

Section (d) is new and contains the procedure for an

immediate review of the magistrate’s report and recommendations.

Subsection (d)(1) allows for immediate review by agreement of

the parties. Subsection (d)(2) permits the magistrate to

recommend an order be reviewed by a judge and entered

RULE 11-103

immediately in emergency circumstances if the magistrate finds

that extraordinary circumstances exist. Provisions for

immediate review of shelter care and detention determinations

are included in later Rules. Such an order is subject to

exceptions later.

Section (e) is derived from current Rule 11-111 c and

addresses the exceptions process after the magistrate files a

report and recommendations. Subsection (e)(1) states that the

exceptions must be in writing, filed with the clerk within five

days after service of the report, and served on the other

parties. The exceptions must specify whether the excepting

party requests that the hearing be de novo or on the record and

the items to which the party excepts or, for a hearing on the

record, each asserted error. Subsection (e)(2) requires the

excepting party, if the hearing is on the record, to cause the

necessary transcript to be prepared and transmitted to the court

and the other parties. The transcript requirement does not

apply when a transcript has already been filed, the hearing is

on an agreed statement of facts, or the hearing will use an

electronic recording of the proceedings before the magistrate.

Section (f) is also derived from current Rule 11-111 c and

states the requirements for scheduling and conducting a hearing

on exceptions. The court must schedule a prompt hearing to

occur within 30 days after the filing of exceptions unless the

court extends the time by agreement or for good cause. An

excepting party that is not the State in a delinquency

proceeding may elect a hearing de novo. A hearing will be on

the record unless the excepting party requests de novo review.

If the State is the excepting party, the hearing shall be on the

record and supplemented by additional evidence as permitted. If

the hearing is on the record, it shall be held on an agreed

statement of facts or the relevant part of the record. The

court may accept an electronic recording in place of a

transcript.

Section (g) is derived from current Rule 11-111 d and

states that the court shall act within 10 days of the expiration

of the time for filing exceptions. The court may adopt the

magistrate’s recommendations and enter an appropriate order,

remand the case to the magistrate, or schedule a de novo hearing

before the court.

RULE 11-104

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-104, as follows:

Rule 11-104.

(a)

MOTIONS

Generally

An application to the court for an order shall be made by

motion which, unless made during a hearing, shall (1) be in

writing, (2) be accompanied by a proposed order, and (3) set

forth the relief or order sought.

This Rule does not apply to

motions required to be filed pursuant to Rule 11-419 (b).

Cross reference: See Rule 11-419 (b) addressing mandatory

motions in delinquency and citation proceedings.

(b)

Response

Unless the court orders otherwise:

(1) a party against whom a motion is directed is not

required to file a response;

(2) any response shall be filed within 10 days after service

of the motion; and

(3) if a party fails to file a response, the court may

proceed to rule on the motion.

(c)

Hearing

RULE 11-104

Any party desiring a hearing on a motion shall request

the hearing in the motion or response under the heading “Request

for Hearing.” The title of the motion or response shall state

that a hearing is requested.

(d)

Statement of Grounds

The grounds of a written motion or response shall be

stated with particularity.

(e)

Affidavit

A motion or response that is based on facts not contained

in the record or papers on file in the proceeding shall be

supported by affidavit and accompanied by any papers or exhibits

on which it is based.

Source:

This Rule is new.

It is derived from Rule 2-311.

REPORTER’S NOTE

Proposed Rule 11-104 is derived from current Rule 2-311 and

provides that a request for a court order must be in the form of

a motion, which shall be in writing unless made during a

hearing. The Rule does not apply to mandatory motions filed in

a delinquency proceeding, which are governed by Rule 11-419.

Section (b) states that a party, unless ordered by the court, is

not required to respond to a motion but any response shall be

filed within 10 days after service.

A hearing on a motion may be requested pursuant to section

(c). A motion or response shall state the grounds with

particularity and be supported by affidavit if based on facts

not contained in the record.

RULE 11-105

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-105, as follows:

Rule 11-105.

(a)

SUBPOENAS

Generally

Except as otherwise provided by law, the clerk shall

issue a subpoena for each witness requested by any party,

pursuant to Rule 2-510.

(b)

Hospital Records

A subpoena for hospital records may be issued in

accordance with Rule 2-510 (i).

Cross reference: See Rule 2-510 addressing subpoenas in civil

proceedings generally. Section (i) of that Rule addresses

records produced by custodians.

Source:

(2021).

This Rule is derived in part from former Rule 11-104

Section (b) is new.

REPORTER’S NOTE

Proposed Rule 11-105 is based in part on current Rule 11104 (d) and states that subpoenas for witnesses and hospital

records are governed by Rule 2-510. A cross reference to Rule

2-510 follows the Rule.

RULE 11-106

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-106, as follows:

Rule 11-106.

(a)

SUMMONS

Generally

Upon the filing of a petition, the clerk shall issue a

summons for each party except the petitioner and a respondent

child alleged to be in need of assistance.

(b)

Content

(1) Generally

A summons shall contain:

(A) the name of the court and the assigned docket

reference;

(B) the name and address of the person summoned;

(D) the date, time, and place of the scheduled hearing;

(E) if any portion of the hearing is to be conducted by

remote means pursuant to Rules 2-801 through 2-806, details

regarding the manner of remote participation;

(F) a statement that failure to attend may result in the

person summoned being taken into custody; and

RULE 11-106

(G) a statement that the person summoned shall keep the

court advised of the person’s address during the pendency of the

proceedings.

(2) Production of Child

A summons to a parent, guardian, or custodian of a

respondent child shall require the person to produce the child

at the place, on the date, and at the time stated in the

summons.

Source: This Rule is derived from former Rule 11-104 (2021).

Section (b) is new and is derived from former Form 904-S.

REPORTER’S NOTE

Proposed Rule 11-106 is derived from current Rule 11-104

and Form 904-S. Generally, the clerk shall issue a summons for

each party upon the filing of the petition except the petitioner

and respondent child in a CINA proceeding. The summons shall

contain the details listed in section (b) and a summons to a

parent, guardian, or custodian of a respondent child must

require the person to produce the child.

RULE 11-107

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-107, as follows:

Rule 11-107.

(a)

SERVICE OF PAPERS

Summons

A summons issued pursuant to Rule 11-106 shall be served

in the manner provided by Rule 2-121, and be returnable as

provided by Rule 2-126.

(b)

Other Papers

Except as otherwise provided by law, all other papers

filed with the court, other than a petition or citation, shall

be served in the manner provided by Rule 20-205 in MDEC counties

or Rule 1-321 in non-MDEC counties.

Source: This Rule is derived in part from former Rule 11-104 c

(2021) and is in part new.

REPORTER’S NOTE

Proposed Rule 11-107 is derived in part from current Rule

11-104 c. Section (a) states that summonses shall be served

pursuant to Rule 2-121, returnable as provided by Rule 2-126.

Section (b) permits all other papers, except as provided by law,

to be served pursuant to Rule 20-205 for MDEC counties or Rule

1-321 in non-MDEC counties.

RULE 11-108

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-108, as follows:

Rule 11-108.

(a)

HEARINGS

Non-jury

Hearings shall be conducted before a judge or magistrate

without a jury, and shall be conducted in an informal manner.

(b)

Recording

All proceedings shall be recorded verbatim by a recording

method approved by the county administrative judge.

Committee note: The requirement that all juvenile proceedings

be recorded verbatim applies regardless of the location of the

hearing.

(c)

Place of Hearing

A hearing may be conducted in open court, in chambers,

remotely in conformance with the procedures and requirements in

Rules 2-801 through 2-806, or elsewhere where appropriate

facilities are available.

(d)

Open and Closed Hearings

(1) Exclusion from CINA or Voluntary Placement Hearings

A determination of who may or shall be excluded from a

CINA or voluntary placement hearing is governed by Code, Courts

RULE 11-108

Article, §3-810 (b).

(2) Exclusion from CINS, Delinquency, or Peace Order

Hearings

A determination of who may be excluded from a CINS,

delinquency, or peace order hearing is governed by Code, Courts

Article, §3-8A-13 (f).

(3) Participation by Nonparties

Participation by foster parents, preadoptive parents,

caregivers, and attorneys for those individuals is governed by

Code, Courts Article, §3-816.3.

Cross reference: Code, Courts Article, §3-810 (b) addresses

both mandatory and permissive exclusion of the general public

from a CINA or voluntary placement hearing. Code, Courts

Article, §3-8A-13 (f) addresses permissive exclusion of the

general public from a CINS hearing or certain delinquency or

peace order hearings, and requires certain delinquency

proceedings to be conducted in open court.

(4) Confidential Information

The court shall take appropriate steps to prevent public

disclosure of information that is confidential under state or

federal law.

Committee note: Statutes that govern confidential information

include Code, Health-General Article, §§4-302 and 4-307, and the

Health Insurance Portability and Accountability Act of 1996

(HIPAA), 42 U.S.C. §1320d et seq. See also the Rules in Title

16, Chapter 900 (Access to Judicial Records).

(e)

List of Open Hearings

Prior to the convening of court on each day that court is

in session, the clerk shall prepare and make available to the

RULE 11-108

public a list of the hearings scheduled for that day that are

required by Code, Courts Article, §3-8A-13 (f) to be conducted

in open court.

The list shall include the full name of each

respondent and the time and location of the hearing.

(f)

Notice

(1) Generally

Unless the parties are notified in open court and on the

record of the date, time, place, and purpose of the next

hearing, and except for a hearing on a petition for continued

detention or shelter care, the clerk shall issue to each party a

notice of the date, time, place, and purpose of each hearing.

The notice shall be served in the manner provided by Rule 11107.

(2) Timing

The notice shall be provided as soon as practicable.

shall be provided at least five days before the hearing unless a

different time is provided by law, the five day notice period is

waived, or the hearing is:

(A) on a petition for emergency medical treatment pursuant

to Code, Courts Article, §3-824 (a) or §3-8A-13 (h);

(B) on a petition for continued shelter care or detention;

adjudicatory hearing; or

(D) an emergency review hearing under Code, Courts

RULE 11-108

Article, §3-820 (d).

(g)

Consolidation

(1) Multiple Petitions Against One Respondent

If two or more petitions are filed against a respondent,

hearings on the petitions may be consolidated or severed as

justice may require.

(2) Petitions Filed Against More than One Respondent

(A) Except as otherwise provided in this subsection,

hearings on petitions filed against more than one respondent

arising out of the same incident or conditions may be

consolidated or severed as justice may require.

(B) If prejudice may result to any respondent from a

consolidation, the hearing on the petition against that

respondent shall be severed and conducted separately.

the hearing on the petition filed against the child shall be

severed and conducted separately from the adult proceeding.

(h)

Victims

At an adjudicatory hearing in a delinquency action, the

judge, magistrate, or clerk shall (1) inquire whether any victim

or victim’s representative, as defined in Code, Criminal

Procedure Article, §11-104 (a), or family member of a victim is

present, and (2) cause to be inserted in the case file a list of

all such individuals as provided by the State’s Attorney’s

RULE 11-108

Office.

Identifying information regarding those individuals

shall be shielded pursuant to the Rules in Title 16, Chapter 900

and Code, Criminal Procedure Article, §11-301.

Committee note: Code, Courts Article, §3-8A-27.1 (b)(2)

requires the court to serve a petition for expungement of a

juvenile record on all listed victims and all family members of

a listed victim “who are listed in the court file as having

attended the adjudication for the case in which the person is

seeking expungement.” In order to comply with that requirement,

the court file must include a list of those individuals.

(i)

Admissions Made in Court

A party entitled to file a response, whether or not a

response was filed, may admit in court and on the record any or

all of the allegations in the petition or state an intention not

to deny one or more of the allegations.

The court shall neither

encourage nor discourage an admission or denial.

Source: This Rule is derived from former Rule 11-110 (2021),

except that section (i) is derived from former Rule 11-107

(2021).

REPORTER’S NOTE

Proposed Rule 11-108 is derived from current Rule 11-110

and provides that hearings shall be conducted without a jury,

held in an informal matter, and recorded in a method approved by

the county administrative judge. A Committee note following

section (b) specifies that the recording requirement applies

regardless of the location of the hearing.

Section (c) is derived from current Rule 11-110 b and

addresses the potential locations of hearings, which can be

conducted in open court, in chambers, remotely, or elsewhere as

appropriate.

RULE 11-108

Section (d) is new but derived from statutes and addresses

when hearings should be open or closed and cites statutes that

govern exclusion of individuals from juvenile proceedings.

Subsection (d)(4) states that the court shall take appropriate

steps to prevent public disclosure of confidential information.

A Committee note provides examples of state and federal privacy

laws.

Section (e) is derived from current Rule 11-104 f and

states that a list of open hearings shall be made available to

the public each day. The list must include the full name of

each respondent and the time and location of the hearing.

Section (f) addresses notice of hearings given to the

parties. Generally, except for a hearing on a petition for

continued detention or shelter care, the clerk is required to

issue a notice of the date, time, place, and purpose of each

hearing unless the parties are notified in open court on the

record of the details of the next hearing. The notice shall be

served in the manner provided by Rule 11-107. Subsection (f)(2)

is based in part on current Rule 11-110 c and states that the

notice shall be provided as soon as practicable and at least

five days before the hearing unless otherwise provided by law or

if the subject of the hearing is one of the following: a

petition for emergency medical treatment, a petition for

continued shelter care or detention, a disposition hearing held

the same day as an adjudicatory hearing, or an emergency review

hearing.

Section (g) is derived from current Rule 11-110 d and

provides that multiple petitions against one respondent and

petitions filed against more than one respondent may be

consolidated or severed, as justice requires. If consolidation

may result in prejudice to a co-respondent, that respondent’s

petition shall be severed. If petitions are filed against a

child and an adult, the petition against the child shall be

severed.

Section (h) requires the judge, magistrate, or clerk to

inquire at an adjudicatory hearing about any victim or victim’s

representative and insert a list of those individuals in the

case file with identifying information shielded. A Committee

note states that the court is required by law to serve a

petition for expungement of a juvenile record on all listed

victims and listed family members.

RULE 11-108

Section (i) is derived from current Rule 11-107 and permits

a party entitled to file a response to admit in court and on the

record any or all of the allegations in the petition or state an

intention not to deny.

RULE 11-109

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-109, as follows:

Rule 11-109.

PRODUCTION OF CHILD

Unless the child’s presence is excused by the court for

good cause, the child’s custodian shall bring the child to all

hearings under the Rules in this Title.

An attorney for the

child may waive the child’s presence in any proceeding other

than a delinquency proceeding or a child consultation pursuant

to Code, Courts Article, §3-823 (j).

Source:

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-109 is new and addresses production of a

child at hearings under Title 11. Unless the child’s presence

is excused by the court for good cause, the custodian shall

bring the child to all hearings. An attorney for the child may

waive the child’s presence in a proceeding other than a

delinquency proceeding or child consultation.

RULE 11-110

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-110, as follows:

Rule 11-110.

JUVENILE RESTRAINTS

If a child who is the subject of the proceedings is brought

before the court wearing any physical restraint device, absent a

particularized security concern, the device shall be removed

while the child is in the courtroom or hearing room.

Although

security personnel have the ongoing responsibility for

maintaining security and order throughout the proceeding, the

judge or magistrate conducting the proceeding shall determine

whether the child needs to remain in restraints while in the

courtroom or hearing room.

Source:

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-110 addresses when a child may be

physically restrained while before the court. Generally, absent

a particularized security concern, a physical restraint device

shall be removed while the child is in the courtroom or hearing

room. The ongoing responsibility for security falls to security

personnel, but the judge or magistrate has the ultimate

authority to determine if the child needs to remain in

restraints.

RULE 11-111

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 100 - GENERAL PROVISIONS

ADD new Rule 11-111, as follows:

Rule 11-111.

(a)

CONTROLLING CONDUCT

Authority

On its own initiative or on application or motion of a

party, the court may direct, restrain, or otherwise control the

conduct of any person properly before the court in accordance

with the provisions of Code, Courts Article, §3-821 or §3-8A-26.

(b)

Service of Order

Any order under this Rule shall be served on the person

to whom it is directed.

(c)

Other Remedies

In addition to the remedies provided by section (a) of

this Rule, Chapter 200 of Title 15 of these Rules is applicable

to juvenile causes, and the sanctions provided in that Chapter

may also be imposed.

Source:

This Rule is derived from Rule 11-110 e (2021).

RULE 11-111

REPORTER’S NOTE

Proposed Rule 11-111 is derived from current Rule 11-110 e

and authorizes the court to direct, restrain, or otherwise

control the conduct of a person properly before the court in

accordance with certain statutes. An order shall be served on

the person to whom it is directed. Section (d) provides that

Title 15, Chapter 200 (Contempt) Rules are also applicable.

RULE 11-112

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 100 – GENERAL PROVISIONS

ADD new Rule 11-112, as follows:

Rule 11-112.

PAPERS IN A FOREIGN LANGUAGE

Whenever the court or other unit of the State or local

government has reason to believe that an individual required to

be served with a summons, subpoena, notice of hearing or court

conference, or other document that requires a decision, action,

or response by the individual, by reason of unfamiliarity with

the English language, may be unable to read and understand the

document, the unit shall (1) serve the document in English and

in a language that the court or unit reasonably believes the

individual can understand, or (2) as an attachment to the

English version of the document, inform the individual in a

language the court or unit reasonably believes the individual

can understand that, if the individual, due to unfamiliarity

with the English language, is unable to read and understand the

document, upon request (A) a copy of the document in a language

the individual understands will be made available, or (B) an

individual fluent in the language the served individual

understands will be made available to translate the document.

RULE 11-112

Committee note: Court documents can be translated into several

languages by the Access to Justice Department of the

Administrative Office of the Courts. See Code, State Government

Article, §10-1103 requiring State agencies, including the

Department of Human Services, Department of Juvenile Services,

and Attorney General’s Office to provide “the translation of

vital documents ordinarily provided to the public into any

language spoken by any limited English proficient population

that constitutes 3% of the overall population within the

geographic area served by a local office of a State program as

measured by the United States Census.”

Source:

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-112 is new and governs when a court or

unit of government has to take steps to translate certain

documents or otherwise inform an individual who is not

proficient in English of his or her options for a translated

document or interpreter services.

The Rule is triggered when the court or government unit has

reason to believe that the recipient of a summons, subpoena,

notice of hearing or court conference, or other document

requiring a decision, action, or response may be unable to read

and understand the document.

A Committee note outlines agencies and departments which

are able to translate documents and cites a statute requiring

State agencies to provide translation of certain documents under

certain circumstances.

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

TABLE OF CONTENTS

Rule 11-201. APPLICABILITY

Rule 11-202. DEFINITIONS

(a) CINA Petition

(b) Emergency Shelter Care

Rule 11-203. CONFIDENTIALITY OF RECORDS

(a) Generally

(b) Sealing

(1) Generally

(2) Opening of Sealed Records

Rule 11-204. SHELTER CARE

(a) Placement in Emergency Shelter Care

(b) Petition for Continued Shelter Care

(1) Timing

(2) Notice

(3) Presence

(d) Order for Continued Shelter Care

(1) Limitation on Continued Shelter Care

(2) Duration

(3) Findings and Order

(4) Review of Magistrate’s Shelter Care

Determination

Rule 11-205. CINA PETITION

(a) Who May File

(b) Where Filed; Transfer

(1) Where Filed

(2) Transfer

(d) Caption

(e) Form; Contents

(f) Signature; Affidavit

(1) Who Must Sign

(2) Effect of Signature

(3) When Affidavit Required

(g) Copies

Rule 11-206. SUMMONS; NOTICE TO ATTORNEY

(a) Issuance of Summons

(b) Notice

(1) Manner of Service

(2) Failure of Service

(3) Effect of Delay in Service

(d) Notice to Child's Attorney

Rule 11-207. RIGHT TO ATTORNEY; CASA

(a) Generally

(b) Representation of Child

(1) Generally

(2) Source of Attorney

(3) Assessment of Compensation for Child’s Attorney

State Expense

(1) Limitation on Entitlement

(2) Public Defender

(d) Court-Appointed Special Advocate

Rule 11-208. RESPONSE TO PETITION

(a) Nature of Response

(b) Withdrawal of Admission

Rule 11-209. AMENDMENTS TO PLEADINGS AND OTHER PAPERS

(a) Generally

(b) Continuance; Postponement

Rule 11-210. STUDY; PHYSICAL OR MENTAL EXAMINATION

(a) Order

(1) Generally

(2) Physical or Mental Examination

(b) Copies of Report

§3-816

Rule 11-211. EMERGENCY MEDICAL TREATMENT

(a) Court Order

(1) Generally

(2) Placement in Emergency Facility

(b) Expedited Hearing

Rule 11-212. DISCOVERY

(a) Terminology

(b) Informal

(d) Continuing Duty to Disclose

(e) Sanctions

(f) Protective Orders

(1) Generally

(2) Written Statement

(g) Work Product

(h) Intervenors

Rule 11-213. ADJUDICATORY HEARING

(a) Requirement

(b) Timing

(1) Generally

(2) Child in Shelter Care

(3) Child Not in Shelter Care

(d) Adjudication; Findings; Adjudicatory Order

(1) Hearing Conducted by Magistrate

(2) Hearing Conducted by Judge

Rule 11-214. IDENTITY AND ADDRESS OF PARENTS

(a) Duty of Court

(b) Duty of Clerk

Rule 11-215. INTERVENTION

(a) Request to Intervene

(b) Proceedings on Motion

(1) Preliminary Determination

(2) Hearing; Decision

(3) Effect of Granting Motion

Rule 11-216. DISPOSITION HEARING AND ORDER

(a) Generally

(b) Scheduling

(d) Possible Dispositions

(e) Inpatient Commitment to Certain Facilities

(1) Order for Evaluation

(2) Conduct of Evaluation

(3) Limitations on Commitment

(4) Commitment for Inpatient Care and Treatment

(f) Statement of Reasons

(1) By a Judge

(2) By a Magistrate

(3) Reasonable Efforts Finding

Rule 11-217. WAIVER OF REUNIFICATION EFFORTS

(a) Generally

(b) Timing

(d) Request for Permanency Hearing

Rule 11-218. MODIFICATION OR VACATION OF ORDER

(a) Authority

(1) Generally

(2) Limitations

(b) On Motion, Petition, or Own Initiative

(1) Generally

(2) Motion; Petition

(3) Own Initiative

(d) Time to Appeal

Rule 11-219. POST DISPOSITION REVIEW AND MODIFICATION;

PERMENANCY PLANS

(a) Status Review

(1) Generally

(2) Qualified Residential Treatment Program

(b) Review of Custody and Guardianship

(1) In General

(2) Other Hearings Based on Individualized Treatment

Plans

(d) Removal of Child from Court-Ordered Placement

(1) Emergency Hearing

(2) Hearing on the Merits

(e) Permanency Plan Hearings

(1) Determination of Permanency Plan

(2) Periodic Reviews

(3) Reasonable Efforts Finding

Rule 11-220. TERMINATION OF PROCEEDING

(a) Termination of Jurisdiction

(1) Generally

(2) Limited Retention of Jurisdiction

(b) Prior to Termination of Jurisdiction

FORM

FORM 11-206. NOTICE INCLUDED IN CINA SUMMONS

RULE 11-201

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-201, as follows:

Rule 11-201.

APPLICABILITY

The Rules in this Chapter govern child in need of

assistance proceedings under Code, Courts Article, Title 3,

Subtitle 8.

Committee note: Code, Courts Article, Title 3, Subtitle 8

applies to CINA and voluntary placement proceedings. This

Chapter of the Rules addresses only CINA proceedings. Rule 11503 governs voluntary placement proceedings.

Source:

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-201 states the applicability of the Rules

in Chapter 200. Chapter 200 governs Child in Need of Assistance

(CINA) proceedings under Code, Courts Article, Title 3, Subtitle

8. A Committee note states that the Rules only govern CINA

proceedings and Rule 11-503 governs voluntary placement

proceedings.

RULE 11-202

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-202, as follows:

Rule 11-202.

DEFINITIONS

The following definitions apply in this Chapter:

(a)

CINA Petition

“CINA petition” means a petition filed with the court

pursuant to Code, Courts Article, §3-809.

(b)

Emergency Shelter Care

“Emergency shelter care” means shelter care when a child

has been removed from the home or placement by a local

department in accordance with Code, Courts Article, §3-815.

(c)

Petition for Continued Shelter Care

“Petition for continued shelter care” means a petition

filed pursuant to Rule 11-204 (b).

Source:

This Rule is new.

RULE 11-202

REPORTER’S NOTE

Proposed Rule 11-202 contains additional definitions that

apply in Chapter 200. “CINA petition” is defined as a petition

filed pursuant to Code, Courts Article, §3-809. “Emergency

shelter care” is defined as shelter care when a child has been

removed from the home or a placement by the local department.

“Petition for continued shelter care” is a petition filed

pursuant to Rule 11-204 (b).

RULE 11-203

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-203, as follows:

Rule 11-203.

(a)

CONFIDENTIALITY OF RECORDS

Generally

All court records in CINA proceedings pertaining to a

child are confidential and may not be disclosed, by subpoena or

otherwise, except by order of court for good cause shown, or as

permitted by Code, Courts Article, §3-827 or Code, Human

Services Article, §1-202.

(b)

Sealing

(1) Generally

On motion, petition, or on its own initiative, and for

good cause shown, the court may order the court records of a

child sealed and shall order them sealed after the child has

reached the age of 21.

(2) Opening of Sealed Records

If sealed, court records of a child may not be opened

for any purpose except by order of court for good cause shown.

Cross reference: See Rule 16-914 (a) regarding required denial

of inspection of certain categories of records in actions

involving children.

RULE 11-203

Source:

(2021).

This Rule is derived in part from former Rule 11-121

REPORTER’S NOTE

Proposed Rule 11-203 is derived from current Rule 11-121

and relevant statutes. Generally, records in proceedings under

the Rules in Chapter 200 are confidential and may not be

disclosed except by order of the court or as permitted by law.

Section (b) governs sealing records. The court may order

records of a child sealed for good cause on motion, petition, or

its own initiative. The court shall seal the records after the

child reaches age 21. Sealed records may be opened only by

order of the court for good cause shown. A cross reference to

the Title 16 access Rule governing inspection of records in

juvenile proceedings follows the Rule.

RULE 11-204

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-204, as follows:

Rule 11-204.

(a)

SHELTER CARE

Placement in Emergency Shelter Care

A local department may place a child in emergency shelter

care before a hearing in conformance with Code, Courts Article,

§3-815 (b).

Cross reference: See Code, Courts Article, §3-807 for the

authority of a magistrate to order shelter care.

(b)

Petition for Continued Shelter Care

Unless a child placed in emergency shelter care pursuant

to section (a) of this Rule has been released, the local

department shall:

(1) give to the child’s parent, guardian, or custodian

written notice of the emergency shelter care; and

(2) on the next day file a CINA petition with a request for

continued shelter care or a separate petition requesting

continued shelter care including the allegations supporting the

request for continued shelter care.

(c)

Hearing

RULE 11-204

(1) Timing

The court shall hold a hearing on a request for

continued shelter care on the same day that the petition is

filed.

The hearing may be postponed or continued by the court

for good cause shown, but it may not be postponed for more than

eight days following the commencement of the respondent’s

emergency shelter care.

(2) Notice

The petitioner shall give reasonable notice of the time,

place, and purpose of the hearing to the child’s parent,

guardian, and custodian, and to the child’s other relatives who

may be potential placement resources, if they can be located.

(3) Presence

A respondent shall be present for the hearing, except

that the attorney for the respondent may waive the presence of

that respondent.

Committee note: If the hearing is conducted by remote

electronic means, “present” or “presence” means the ability (1)

to observe the proceeding, (2) to communicate with other

participants when such communication is permitted, and (3) to be

observed by other participants when communicating.

(d)

Order for Continued Shelter Care

(1) Limitation on Continued Shelter Care

The court may continue shelter care prior to

adjudication if the court has reasonable grounds to find the

criteria in Code, Courts Article, §3-815 (d) have been

RULE 11-204

satisfied.

(2) Duration

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.

(3) Findings and Order

If the court orders continued shelter care, the court

shall make written findings as to the grounds for removal and

the efforts that were made to avoid the need for removal as

required by Code, Courts Article, §3-815 (d) and (e) and §3816.1.

If the hearing was conducted by a magistrate, the

magistrate also shall make written findings, conclusions, and

recommendations.

If a magistrate declines to order continued

shelter care, the magistrate shall prepare written findings in

support of that determination and enter an order denying

continued shelter care.

(4) Review of Magistrate’s Shelter Care Determination

(A) Request

If a hearing under this Rule was conducted by a

magistrate, a party may request immediate review of an order

orally at the hearing or in writing.

RULE 11-204

(B) Review by Judge

Not later than three days following a request for

immediate review, a judge of the court shall review the file,

any exhibits, and the magistrate’s findings, conclusions, and

recommendations and shall afford the parties an opportunity for

oral argument.

Source: This Rule is derived in part from former Rule 11-112

(2021) and is in part new.

REPORTER’S NOTE

Proposed Rule 11-204 is derived from current Rule 11-112

and addresses shelter care.

Section (a) states that a local department may place a

child in emergency shelter care prior to a hearing in

conformance with the statute. A cross reference following

section (a) refers to the authority of a magistrate to order

shelter care.

Unless a child placed in emergency shelter care pursuant to

section (a) is released, the local department is required to

take the steps outlined in section (b). Section (b) states that

the local department shall give notice to the child’s parent,

guardian, or custodian of the emergency shelter care and file a

CINA petition on the next day with a request for continued

shelter care.

Section (c) is derived from current Rule 11-112 a 3 and

governs hearings on a petition for continued shelter care. The

hearing must be held the same day that the petition is filed but

may be postponed for good cause shown. The hearing may not be

postponed for more than eight days following the commencement of

the emergency shelter care. The petitioner must give reasonable

RULE 11-204

notice of the time, place, and purpose of the hearing to the

child’s parent, guardian, and custodian as well as other

relatives who may serve as potential placement resources, if

located.

A respondent must be present for the hearing unless the

presence is waived by the respondent’s attorney.

Subsection (d)(1) is derived from current Rule 11-112 b and

authorizes the court to continue shelter care prior to

adjudication if there are reasonable grounds to find the

criteria in the statute are satisfied. Subsection (d)(2)

restricts the duration of continued shelter care to 30 days,

with the possibility of an additional 30-day extension if the

court finds after a hearing held as part of adjudication that

the extension is needed for the child’s safety.

Subsection (d)(3) requires the court ordering continued

shelter care to make written findings regarding the grounds for

removal and efforts to prevent removal. To facilitate review by

a judge, additional requirements apply if shelter care is

continued or denied by a magistrate. If a magistrate continues

shelter care, the magistrate must make written findings,

conclusions, and recommendations. If a magistrate denies

shelter care, the magistrate must prepare written findings in

support of that decision.

Subsection (d)(4) is new and addresses immediate review of

a magistrate’s shelter care determination as contemplated by the

statute. A party may request review orally or in writing, and

the review by a judge shall occur no later than three days

following the request.

RULE 11-205

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-205, as follows:

Rule 11-205.

(a)

CINA PETITION

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

RULE 11-205

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

RULE 11-205

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

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

RULE 11-205

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).

REPORTER’S NOTE

Proposed Rule 11-205 is derived from current Rule 11-103

and governs the CINA petition process. Section (a) addresses

who is authorized by law to file a petition – a local department

or, under certain circumstances, the person or agency that filed

a complaint – and section (b) addresses the appropriate venue

for filing a petition.

Section (c) requires a separate CINA petition to be filed

for each child alleged to be a CINA and section (d) states the

proper caption for the petition.

Section (e) is derived from current Rule 11-103 a 2 and

states the required contents of a CINA petition. A petition

must provide information about the petitioner, the child, and

the basis for the court’s jurisdiction. The petition must also

RULE 11-205

state that the child is in need of assistance, the facts

supporting that allegation, and the names of any witnesses. The

petition shall state whether the child is in shelter care and

provide details.

Section (f) is derived from current Rule 11-103 a 3 and

addresses signature requirements and when an affidavit is

required pursuant to an interstate compact. A cross reference

following the section refers to the statutes adopting the

Interstate Compact for Juveniles and the Interstate Compact on

the Placement of Children.

Section (g) is derived from current Rule 11-103 b and

requires the petitioner to file a sufficient number of copies of

the petition to provide for service on the parties. A Committee

note following the section addresses permitted electronic

filing.

RULE 11-206

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-206, as follows:

Rule 11-206.

(a)

SUMMONS; NOTICE TO ATTORNEY

Issuance of Summons

The clerk shall issue a summons in accordance with Rule

11-106.

If the petitioner is a person or entity other than the

local department, the clerk also shall issue a summons to the

local department.

(b)

Notice

The summons shall contain a notice substantially in the

form set forth in Form 11-206 that follows the Rules in this

Chapter.

(c)

Service

(1) Manner of Service

The summons, together with a copy of the petition, shall

be served in the manner provided by Rule 2-121.

(2) Failure of Service

If a parent, guardian, or custodian of the respondent

child cannot be served for any reason, the petitioner shall file

proof of the steps taken to give notice or provide sworn

RULE 11-206

testimony of the steps taken to give notice.

Notice of the

pendency and nature of the proceeding shall be given as directed

by the court.

(3) Effect of Delay in Service

Delay in effecting service upon, or in giving notice to,

any parent, guardian, or custodian shall not prevent the court

from proceeding.

(d)

Notice to Child’s Attorney

The clerk shall send to the respondent child’s attorney a

copy of the petition and a notice of any scheduled hearing.

Source:

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-206 governs the issuance, content, and

service of a summons. This Rule is new but draws from current

Rules 2-112, 2-114, and 2-121.

Section (a) requires the clerk to issue a summons in

accordance with Rule 11-106. If the petitioner is not the local

department, a summons shall also be issued to the local

department.

Section (b) provides that the summons must be accompanied

by a notice in the form provided in Form 11-206.

Section (c) states that if the parent, guardian, or

custodian cannot be served, the petitioner shall file proof of

the steps taken to attempt service. Subsection (c)(3) provides

RULE 11-206

that a delay in effecting service on or giving notice to a

parent, guardian, or custodian does not prevent the court from

proceeding.

Section (d) directs the clerk to send a copy of the

petition and notice of any scheduled hearing to the respondent

child’s attorney.

RULE 11-207

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-207, as follows:

Rule 11-207.

(a)

RIGHT TO ATTORNEY; CASA

Generally

A party is entitled to the assistance of an attorney at

every stage of a CINA proceeding.

(b)

Representation of Child

(1) Generally

A child who is the subject of a CINA petition shall be

represented by an attorney.

The right to an attorney for a

child may not be waived.

(2) Source of Attorney

Unless the court finds that it would not be in the best

interests of the child, the court (A) shall appoint an attorney

with whom the Department of Human Services has contracted to

provide that service, and (B) if another attorney has entered an

appearance for the child, shall strike the appearance of that

attorney.

(3) Assessment of Compensation for Child’s Attorney

After considering the party’s ability to pay, the court

RULE 11-207

may assess against any party reasonable compensation for the

services of an attorney appointed to represent a child.

(c)

Other Parties; Representation at State Expense

(1) Limitation on Entitlement

Except as otherwise provided in this Rule and for the

local department and the child who is the subject of the

petition, a party is not entitled to representation at State

expense unless the party is (A) indigent, or (B) otherwise not

represented and (i) under the age of 18 years or (ii)

incompetent by reason of mental disability.

(2) Public Defender

The Office of the Public Defender may not represent a

party in a CINA proceeding unless the party (A) is the parent or

guardian of the alleged CINA, (B) applies to the Office

requesting representation in the proceeding, and (C) is

financially eligible for the services of the Public Defender.

Cross reference: See Code, Courts Article, §3-813 concerning

assistance of counsel.

(d)

Court-Appointed Special Advocate

In addition to the appointment of an attorney, the court

may appoint a special advocate under the Court-Appointed Special

Advocate Program created by Code, Courts Article, §3-830.

Cross reference: See Code, Courts Article, §3-830 concerning

Court-Appointed Special Advocates.

Source:

This Rule is derived in part from former Rule 11-106

RULE 11-207

(2021) and is in part new.

REPORTER’S NOTE

Proposed Rule 11-207 is derived in part from current Rule

11-106. Section (a) states that a party is entitled to the

assistance of an attorney at every stage of a CINA proceeding.

Section (b) governs representation of a child. A child

respondent is always represented, and the right to an attorney

cannot be waived. Unless it is not in the best interest of the

child, the court must appoint an attorney contracted by the

Department of Human Services to represent a child and strike the

appearance of another attorney who has entered an appearance.

After considering the party’s ability to pay, the court may

assess reasonable compensation against any party for the

services of an attorney appointed to represent a child.

Other parties may be entitled to representation at State

expense as provided in section (c). A party is entitled to

representation at State expense if the party is indigent or

under the age of 18 and incompetent by reason of mental

disability. The Office of the Public Defender may only

represent a party in a CINA proceeding if the party is the

parent or guardian of the respondent child, applies to the

office requesting representation, and is financially eligible.

The court may also appoint a Court-Appointed Special

Advocate for a respondent child as provided in section (d).

RULE 11-208

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-208, as follows:

Rule 11-208.

(a)

RESPONSE TO PETITION

Nature of Response

A party served with a petition may file a written

response that admits or denies all or any of the facts alleged

in the petition.

Any allegation not admitted in the response is

deemed denied.

(b)

Withdrawal of Admission

At any time before disposition, the court, in the

interest of justice, may permit an admission in a response to be

withdrawn.

Source:

This Rule is derived from former Rule 11-107 (2021).

REPORTER’S NOTE

Proposed Rule 11-208 is derived from current Rule 11-107.

Section (a) is derived from current Rule 11-107 a and provides

that a party served with a petition may file a written response

that admits or denies any or all facts alleged. Any allegation

not admitted is deemed denied.

Section (b) provides that, in the interest of justice, the

court may permit an admission to be withdrawn before

disposition.

RULE 11-209

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-209, as follows:

Rule 11-209.

(a)

AMENDMENTS TO PLEADINGS AND OTHER PAPERS

Generally

With the approval of the court:

(1) A CINA petition may be amended at any time prior to the

commencement of the adjudicatory hearing.

With the approval of

the court and for good cause shown, the CINA petition may be

amended at any time prior to the conclusion of the adjudicatory

hearing.

(2) A motion or other pleading may be amended at any time

before the final disposition of the motion or pleading.

(b)

Continuance; Postponement

If an amendment is made, the court shall grant the

parties a continuance or postponement as justice may require in

light of the amendment.

Source: This Rule is derived in part from former Rule 11-108

(2021) and is in part new.

RULE 11-209

REPORTER’S NOTE

Proposed Rule 11-209 is derived from current Rule 11-108.

Generally, a CINA petition may be amended at any time

before the adjudicatory hearing begins or, for good cause shown,

prior to the conclusion of the adjudicatory hearing. A motion

or other pleading may be amended at any time before the final

disposition of the motion or pleading.

If an amendment is made, section (b) requires the court to

grant a continuance or postponement, as justice may require.

RULE 11-210

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-210, as follows:

Rule 11-210.

(a)

STUDY; PHYSICAL OR MENTAL EXAMINATION

Order

(1) Generally

Any order for a study or examination pursuant to Code,

Courts Article, §3-816 shall specify the time, place, manner,

conditions, and scope of the study or examination and the person

or persons by whom it is to be made.

(2) Physical or Mental Examination

Any order for a physical or mental examination pursuant

to Code, Courts Article, §3-816 also:

(A) shall require that the examination be conducted on an

outpatient basis if, considering the child’s condition, that is

feasible and appropriate;

(B) may order an inpatient evaluation for a placement

period not to exceed 21 days if, after a hearing, the court

finds:

(i) that an inpatient evaluation is necessary, and (ii)

that there are no less restrictive means to obtain an

evaluation; and

RULE 11-210

conclusions, and the testimony at a hearing by the examining

physician, psychiatrist, psychologist, or other professionally

qualified person, (ii) the payment of the expenses of the

examination, and (iii) any other relevant matters.

(b)

Copies of Report

The person making a report of a study or examination

shall provide the report to the local department.

Promptly upon

receipt of the report, the local department shall file it with

the court and serve a copy of it on the attorney for each party

represented by an attorney and on each unrepresented party.

Reports ordered pursuant to Code, Courts Article, §3-816 shall

be served at least 5 days before presentation to the court.

(c)

Use of Report Ordered Under Code, Courts Article, §3-816

The report of an examination ordered pursuant to Code,

Courts Article, §3-816 and testimony regarding that report is

not admissible at an adjudicatory hearing but is admissible at a

disposition hearing and post-disposition hearing.

Cross reference:

case studies.

See Code, Courts Article, §3-816 concerning

Source: This Rule is derived in part from former Rule 11-105

(2021) and is in part new.

RULE 11-210

REPORTER’S NOTE

Proposed Rule 11-210 is derived in part from current Rule

11-105. Code, Courts Article, §3-816 provides that after a

petition is filed, the court may order the local department or

another qualified agency to arrange for a study concerning the

child and the child’s family and environment. As a part of the

study, the court also may order that the child or any parent,

guardian, or custodian be examined by a qualified person.

Section (a) is modeled after current Rule 11-105 a 1 and

provides for the content of a court order under this Rule. Any

order must specify the time, place, manner, conditions, and

scope of the study or examination. A physical or mental

examination of a child must be outpatient, if feasible, but an

inpatient evaluation may be required if, after a hearing, it is

found to be necessary and no less restrictive option is

available. The order may address the filing of a report of

findings and conclusions, testimony at a hearing, payment of

expenses, and any other relevant matters.

Section (b) is derived from current Rule 11-105 a 2 and

governs service of copies of the report. The person making a

report of a study must deliver it to the local department. The

local department must serve a copy on each attorney for a

represented party and each unrepresented party. Reports of an

examination ordered pursuant to §3-816 must be served at least

five days before presentation to the court.

Section (c) restricts admissibility of a report of an

examination ordered pursuant to §3-816 to disposition and postdisposition hearings, as permitted by the statute. The report

is not admissible at an adjudicatory hearing.

RULE 11-211

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-211, as follows:

Rule 11-211.

(a)

EMERGENCY MEDICAL TREATMENT

Court Order

(1) Generally

The court may order emergency medical, dental, surgical,

or psychiatric treatment of a child who is the subject of a

petition under this Chapter and who is alleged to be suffering

from a condition or illness which, in the opinion of a licensed

physician or dentist, requires immediate treatment if the

child’s parent, guardian, or custodian is not available or,

without good cause, refuses to consent to the treatment.

(2) Placement in Emergency Facility

A child may be placed in an emergency facility on an

emergency basis in accordance with Code, Health—General Article,

Title 10, Subtitle 6, Part IV.

Cross reference:

through 10-630.

(b)

See Code, Health—General Article, §§10-620

Expedited Hearing

The court shall hear and rule on a petition seeking an

RULE 11-211

order for emergency medical, dental, surgical, or psychiatric

treatment on an expedited basis.

(c)

Life-Sustaining Procedures

The court shall apply the factors set forth in Code,

Estates and Trusts Article, §13-711 (b), to the extent relevant,

when deciding whether to withhold or withdraw a life-sustaining

procedure as defined in Code, Estates and Trusts Article, §13711 (c).

Cross reference:

Source:

See Code, Courts Article, §3-824.

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-211 is new and addresses emergency medical

treatment for children subject to the court’s jurisdiction under

this Chapter. There are separate Rules in Chapter 200 and

Chapter 400 to incorporate the different statutory provisions

for emergency medical treatment for an alleged CINA and an

alleged delinquent child, respectively. A subsection of a Rule

in Chapter 500 addresses emergency medical treatment for an

alleged CINS.

Code, Courts Article, §3-824 governs the authority of the

court to order emergency medical, dental, surgical, or

psychiatric treatment for a child who is the subject of a CINA

petition.

In Rule 11-211, subsection (a)(1) establishes the general

authority of the court. The subject child must be alleged to be

suffering from a condition or illness that a licensed

professional believes requires immediate treatment, and the

RULE 11-211

child’s parent, guardian, or custodian must be unavailable or,

if available, refuses, without good cause, to consent to

treatment. Subsection (a)(2) incorporates the provisions of

Code, Courts Article, §3-824 (b)(2), with stylistic changes.

Section (b) requires that a hearing be held and a ruling

made on an expedited basis.

Section (c) requires the court to apply the factors from

Code, Estates and Trusts Article, §13-711 (b) when considering

whether to withhold or withdraw a life-sustaining procedure.

RULE 11-212

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-212, as follows:

Rule 11-212.

(a)

DISCOVERY

Terminology

The terms “disclosure” and “discovery” are used in this

Rule and other discovery Rules interchangeably.

For purposes of

this Rule, “disclosure” is the broader term that refers

generally to information turned over to another party, whether

voluntarily through informal means or pursuant to a request.

“Discovery” refers more narrowly to information that must be

turned over pursuant to a formal request.

Neither term is

intended to narrow what this Rule or other law requires to be

disclosed.

(b)

Informal

Before any party may seek discovery under these Rules,

the parties or their respective attorneys shall make a good

faith effort to resolve all questions of discovery, and to

provide information required or requested under these Rules as

to which there is no dispute.

When there are items requested by

one party that the other party has refused to disclose, the

RULE 11-212

demanding party may make an appropriate motion to the court.

The motion shall be made as early as practicable prior to the

next hearing and shall state, if true, that good faith efforts

were made to resolve the dispute and that those efforts have

been unsuccessful.

Nothing in this Rule shall delay the

disclosure of any items agreed upon by the parties pending

resolution of any motion for discovery.

(c)

Court Order

Upon a motion filed pursuant to section (b), the court

may order a party to disclose and make available for inspection,

photographing, or other copying any material or information

within the possession or control of the party that (1) was

requested but not disclosed, (2) is not precluded by this Rule

or other law from disclosure, (3) is relevant to the allegations

in the petition or to the adjudication or disposition of the

action, and (4) in the interest of justice ought to be

disclosed.

Committee note: See Code, Human Services Article, §§1-202

through 1-212, limiting the disclosure of certain records of

social service agencies regarding children, and 79 Op. Atty.

General 331 (1994), concluding that those statutes, as then

codified, and federal law “require that an order mandating

discovery in a CINA case be by a specific court order issued

upon consideration of the particular circumstances of the case,

rather than by a general rule.” The intent of section (c) of

this Rule is to permit the court to enter such an order specific

to the case.

(d)

Continuing Duty to Disclose

RULE 11-212

If, prior to or during a hearing, a party discovers (1)

additional evidence or material previously requested or ordered

to be disclosed by it that is subject to discovery or inspection

under this Rule, or (2) the identity of an additional witness or

witnesses, the party promptly shall notify the opposing party or

the court of the additional evidence, material, or witness.

(e)

Sanctions

If at any time during the proceedings the court finds

that a party has failed to comply with this Rule or an order

issued pursuant to this Rule, the court may:

(1) order that party to permit discovery or inspection of

the matters not previously disclosed;

(2) grant a reasonable continuance;

(3) strike the testimony to which the undisclosed matter

relates;

(4) prohibit the party from introducing evidence or

witnesses not disclosed; or

(5) enter any other order appropriate under the

circumstances that is consistent with the best interest of the

child.

(f)

Protective Orders

(1) Generally

On motion of a party or a person from whom disclosure is

required or a person named or depicted in an item sought to be

RULE 11-212

discovered, the court, for good cause shown, may order that

specified disclosures be denied or restricted in any manner that

justice requires.

(2) Written Statement

Upon motion of any party, a person from whom discovery

is sought, or a person named or depicted in an item sought to be

discovered, the court may permit any showing of cause for denial

or restriction of disclosures to be made, in whole or in part,

in the form of a written statement to be inspected by the court.

If the court enters an order granting relief, the entire text of

the statement shall be sealed and preserved in the records of

the court and made available to the appellate court in the event

of an appeal.

(g)

Work Product

Disclosure of legal research or of records,

correspondence, reports, or memoranda shall not be required to

the extent that they contain the opinions, theories, or

conclusions of the attorney for a party, or members of the

attorney’s staff.

(h)

Intervenors

If intervention has been allowed pursuant to Rule 11-215,

the court may enter orders pertaining to disclosure to and from

the intervenor as justice may require.

Source:

This Rule is new.

RULE 11-212

REPORTER’S NOTE

Proposed Rule 11-212 is new and governs discovery in a CINA

proceeding.

Section (a) states that the terms “disclosure” and

“discovery” are used interchangeably throughout Rule 11-212 and

other discovery Rules. Generally, “disclosure” is the broader

term for information turned over to another party, either

voluntarily or in response to a request. “Discovery” refers to

information that must be turned over pursuant to a formal

request.

Section (b) instructs parties or their attorneys to make a

good faith effort to resolve all questions of discovery and

provide information required or requested before involving the

court. When a party refuses to disclose a requested item, the

requesting party may file a motion to obtain it. The motion

must be filed as early as practicable prior to the next hearing

and state that good faith efforts were made to resolve the

dispute. Agreed-upon items should continue to be disclosed,

regardless of the status of any disputed items.

Upon a motion, the court may order disclosure pursuant to

section (c). The order may require the disclosing party to make

any material or information available for inspection or copying

if it was requested but not disclosed, is not precluded by Rule

or law from disclosure, is relevant to the allegations or the

adjudication or disposition proceedings, and it is in the

interest of justice for it to be disclosed. A Committee note

refers to Code, Human Services Article, which limits disclosure

of certain social services agency records regarding children,

and a 1994 opinion of the Maryland Office of the Attorney

General, which concludes that state and federal law require a

specific court order to mandate discovery of those records in a

CINA case.

Section (d) provides that parties have a continuing duty to

disclose additional evidence or material previously requested if

it is discovered prior to a hearing.

Section (e) addresses sanctions for failure to comply with

this Rule or an order issued pursuant to this Rule. The court

may order discovery or inspection of the material, grant a

reasonable continuance, strike testimony related to the

undisclosed matter, prohibit the introduction of evidence or

witnesses not disclosed, or enter any other appropriate order.

RULE 11-212

Section (f) permits the court to enter a protective order

for good cause shown denying or restricting specified

disclosures on motion of a party, person from whom disclosure is

required, or a person named or depicted in the material

requested. The court may permit a written statement showing

cause for denial or restriction. The statement shall be sealed

if the court grants the motion.

Section (g) states that attorney work product is not

required to be disclosed.

Section (h) provides that the court may enter orders

pertaining to disclosure to and from a person who was permitted

to intervene.

RULE 11-213

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-213, as follows:

Rule 11-213.

(a)

ADJUDICATORY HEARING

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.

court may not order continued shelter care for more than 30

The

days, except that it may extend the shelter care for an

additional period not exceeding 30 days if it finds, by a

RULE 11-213

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.

in this subsection, the child shall be released from shelter

care upon the conditions set by the court, pending an

adjudicatory hearing.

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

RULE 11-213

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

RULE 11-213

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.

REPORTER’S NOTE

Proposed Rule 11-213 is derived in part from current Rule

11-114.

Section (a) provides that the court must hold an

adjudicatory hearing after a CINA petition is filed.

Section (b) provides that, generally, the adjudicatory

hearing may not be held earlier than 15 days after the filing of

the petition, unless the parties agree otherwise. If the

respondent child is in shelter care, the hearing must begin

within 30 days of the court’s order continuing shelter care.

Subsection (b)(2)(B) is derived from Code, Courts Article,

§3-815 (c)(4) and provides that the court may extend the time

for the hearing by no more than an additional 30 days for good

cause. Continued shelter care cannot be ordered for more than

30 days unless the court finds, by a preponderance of the

evidence after a hearing, that continued shelter care is

necessary for the child’s safety. The child must be released

from shelter care on conditions if the hearing is not held

within the required time period. A cross reference after

subsection (b)(2) cites two appellate opinions on the timing

requirements for an adjudicatory hearing.

If a child is not in shelter care, subsection (b)(3)

requires that the adjudicatory hearing be held within 60 days

after the CINA petition and summons are served on the attorney

for the respondent child. On motion of a party within the 60day period, the county administrative judge or his or her

designee may extend the time for the adjudicatory hearing to be

held for extraordinary cause shown. The judge shall state the

cause on the record and specify the length of the extension.

Section (c) is derived from current Rule 11-114.

Section

RULE 11-213

support of the CINA petition and that the burden of proving the

allegations by a preponderance of the evidence is on the

petitioner. Any other person authorized by the court may

present evidence in support of the petition. A Committee note

after section (c) incorporates a Court of Appeals holding

permitting a child to proceed on a CINA petition if the

department seeks to withdraw it.

If the adjudicatory hearing is conducted by a magistrate,

subsection (d)(1) requires the magistrate to announce into the

record findings of fact and conclusions of law to support the

adjudication and a required finding under Code, Courts Article,

§3-816.1. If the hearing is conducted by a judge, subsection

(d)(2) provides that the judge shall prepare and file with the

clerk an adjudicatory order and document findings of fact,

conclusions of law, and the required finding under Code, Courts

Article, §3-816.1 either by dictating them into the record or

including them in the adjudicatory order.

RULE 11-214

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 200 – CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-214, as follows:

Rule 11-214. IDENTITY AND ADDRESS OF PARENTS

(a)

Duty of Court

At each hearing, the court, in accordance with Code,

Courts Article, §3-822, shall:

(1) Inquire into and make findings of fact on the record

regarding the identity and current address of each parent and

each child before the court; and

(2) Inform each parent of the parent’s obligation to notify

the court and the local department of all changes in that

parent’s address.

If disclosure of a parent’s address of

residence reasonably could affect the safety of the parent or

others who reside at that address, the court shall keep the

parent’s address confidential, direct the department to keep the

address confidential, and permit the parent to provide an

alternate address for service of documents.

(b)

Duty of Clerk

The clerk shall:

(1) Keep a listing of every address provided by a parent of

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RULE 11-214

a child who is the subject of a CINA petition; and

(2) On request of a local department, disclose to the local

department all addresses listed by the parent within the

preceding 270 days.

Source:

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-214 is derived from Code, Courts Article,

§3-822 and requires the court to inquire and make findings on

the record regarding the identify and address of each parent and

child at each hearing. The court must also inform each parent

of the parent’s obligation to notify the court and the local

department of any change of address and permit a parent to

provide an alternate address to receive service if the court

finds it necessary for the safety of the parent or others

residing with the parent.

Section (b) requires the clerk to keep a list of every

address provided by a parent of a child who is the subject of a

CINA petition and disclose the addresses listed by a parent

within the preceding 270 days to the local department on

request.

101

RULE 11-215

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-215, as follows:

Rule 11-215.

(a)

INTERVENTION

Request to Intervene

Any person, other than a parent, may file and serve a

motion to intervene in a disposition, including a proceeding to

review, modify, or vacate a dispositional order, for the sole

purpose of seeking custody or guardianship of the respondent

child.

Unless the CINA petition is dismissed, the motion may be

filed at any time following adjudication.

It shall state the

grounds for intervention and be accompanied by a proposed

pleading setting forth the claim, and it may include a request

for a hearing.

(b)

Proceedings on Motion

(1) Preliminary Determination

A motion filed pursuant to section (a) shall be

presented immediately to the judge or magistrate in the

proceeding for a preliminary determination of whether it is a

proper filing seeking custody or guardianship of the respondent

child.

If the court finds that the movant is seeking custody or

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RULE 11-215

guardianship of the respondent child, the court shall issue an

order directing the clerk to provide to the movant (A) the name

and address of the parties or any alternate address for service

that was provided pursuant to Rule 11-214 (a)(2) and (B) the

name and address of the attorneys representing the parties to

enable the movant to effectuate service.

(2) Hearing; Decision

The court shall not decide a motion to intervene until:

(A) the adjudicatory hearing has been concluded; and

(B) if a hearing was requested, after a hearing on the

nonparty’s right to intervene.

(3) Effect of Granting Motion

If the court grants the motion, the pleading

accompanying the motion shall be deemed filed, and the person

permitted to intervene shall be designated as “intervenor” for

the purpose of seeking custody or guardianship of the respondent

child.

The intervenor:

(A) shall not be deemed a party for purposes of any right

to counsel at State expense under Rule 11-207; and

(B) may receive, upon request and by court order, only

those studies and reports that directly relate to the

intervenor’s petition for custody or guardianship of the

respondent child.

Cross reference:

See the Committee note to Rule 11-212 (c).

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RULE 11-215

(c)

Termination of Intervention

Unless the court orders otherwise, intervention

terminates when an intervenor:

(1) is denied custody or guardianship of the respondent

child; or

(2) was granted custody or guardianship of the child and the

court subsequently rescinds that custody or guardianship.

Source:

This Rule is derived from former Rule 11-122 (2021).

REPORTER’S NOTE

Proposed Rule 11-215 is based on current Rule 11-122.

Section (a) permits any person, other than a parent, to file and

serve a motion to intervene in a disposition, including a

proceeding to review, modify, or vacate a dispositional order,

for the purpose of seeking custody or guardianship of the

respondent child. The motion must state the grounds for

intervention and be accompanied by a proposed pleading setting

forth the claim, and it may include a request for a hearing.

Section (b) requires the motion to be presented to the

court for a determination that it is a proper filing seeking

custody or guardianship of the minor child. If the filing is

deemed proper, the court must issue an order directing the clerk

to provide certain names and addresses for the parties and the

parties’ attorneys to the movant to enable him or her to

effectuate service on the parties.

The court may not rule on a motion to intervene unless the

adjudicatory hearing has been concluded and after any requested

hearing on the motion to intervene has been held. If the court

grants the motion, the pleading accompanying the motion is

deemed filed, and the filer is designated as “intervenor.” The

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RULE 11-215

intervenor is not a party entitled to counsel at State expense

and may, by order of the court, receive only those studies and

reports that relate to the intervenor’s petition.

Under section (c), intervention terminates when an

intervenor is denied custody or guardianship after a hearing or,

if granted custody or guardianship, the custody or guardianship

is later rescinded.

105

RULE 11-216

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-216, as follows:

Rule 11-216.

(a)

DISPOSITION HEARING AND ORDER

Generally

Unless a CINA petition is dismissed, the court shall:

(1) determine promptly any pending motion to intervene; and

(2) conduct a separate disposition hearing to determine

whether the respondent child is a child in need of assistance as

defined in Code, Courts Article, §3-801 (f).

(b)

Scheduling

(1) The disposition hearing shall be held on the same day as

the adjudicatory hearing unless the court, on motion of a party

or on its own initiative, finds good cause for a postponement.

(2) If the court postpones the disposition hearing, it shall

be held no later than 30 days after the conclusion of the

adjudicatory hearing, unless the court finds good cause for a

further delay.

(c)

Purpose of Hearing

The purpose of a disposition hearing is to determine:

(1) whether the child is in need of assistance; and

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RULE 11-216

(2) if so, the nature and extent of the court’s intervention

necessary to protect the child’s health, safety, and well-being.

Cross reference:

(d)

See Code, Courts Article, §3-801 (m).

Possible Dispositions

The court shall make one of the following dispositions:

(1) find that the child is not in need of assistance and,

subject to entering an order of custody pursuant to Code, Courts

Article, §3-819 (e), dismiss the petition;

(2) hold in abeyance a finding whether a child with a

developmental disability or mental illness is a child in need of

assistance and take an action provided for in Code, Courts

Article, §3-819 (b)(1)(ii); or

(3) find that the child is in need of assistance and take

one or more of the actions provided for in Code, Courts Article,

§3-819 or §3-819.2, as appropriate.

(e)

Inpatient Commitment to Certain Facilities

(1) Order for Evaluation

If the court has reason to believe that a child should

be placed for inpatient care or treatment in a psychiatric

facility or facility for developmentally disabled persons and

has not already received a current evaluation report pursuant to

Rule 11-210, it shall order that the child be evaluated pursuant

to that Rule.

The order shall require the agency conducting the

evaluation to submit a written report setting forth:

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RULE 11-216

(A) the extent to which the standard for commitment set

forth in Code, Courts Article, §3-819 (h) or (i) is met;

(B) the basis for that finding; and

(2) Conduct of Evaluation

(A) The evaluation shall be conducted on an outpatient

basis unless, considering the child’s condition, that is not

feasible.

(B) If an inpatient evaluation is necessary, the court may

authorize the admission of the child to a facility for a period

not to exceed 21 days unless, for good cause, the court extends

that time.

(3) Limitations on Commitment

The court may not commit a child for inpatient care and

treatment in a psychiatric facility or a facility for

developmentally disabled persons unless the court finds by clear

and convincing evidence that the standards set forth in Code,

Courts Article, §3-819 (h) or (i) are met.

(4) Commitment for Inpatient Care and Treatment

Each order that commits a child for inpatient care and

treatment in a psychiatric facility or facility for

developmentally disabled persons shall require the custodian to

file progress reports with the court at intervals no greater

than every six months during the life of the order.

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RULE 11-216

Cross reference: See Rule 11-218 requiring periodic review

hearings based on progress reports.

(f)

Statement of Reasons

(1) By a Judge

If the disposition hearing is conducted by a judge and

the disposition order includes placement of the child outside

the child’s home, the judge shall announce and dictate into the

record a statement of the reasons for the placement.

(2) By a Magistrate

If the disposition hearing is conducted by a magistrate,

the magistrate shall comply with Rule 11-103 (c).

(3) Reasonable Efforts Finding

The court shall make a finding as required by Code,

Courts Article, §3-816.1.

Source:

This Rule is derived from former Rule 11-115 (2021).

REPORTER’S NOTE

Proposed Rule 11-216 is based in part on current Rule 11115 and on Code, Courts Article, §3-819. Sections (a) and (b)

are derived from the statute. Section (a) requires the court to

promptly determine any pending motion to intervene and conduct a

separate disposition hearing. Section (b) states that the

disposition hearing will occur on the same day as the

adjudicatory hearing unless there is good cause for

postponement. A postponed hearing must be held no later than 30

days after the conclusion of the adjudicatory hearing unless the

court finds good cause for further delay.

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RULE 11-216

Section (c) is based on Code, Courts Article, §3-801 (m),

which defines the purpose of the disposition hearing.

The possible dispositions in section (d) are derived from

Code, Courts Article, §3-819 (b). The court may find that the

child is not a CINA and dismiss the petition, hold in abeyance a

finding of whether a child with a developmental disability or

mental illness is a CINA, or find that the child is a CINA and

take appropriate action authorized by statute.

Section (e) is derived from current Rule 11-115 c and Code,

Courts Article, §3-819 (h) and (i). The court is authorized to

order that a child the court believes should be placed in a

facility for inpatient care receive an evaluation. The contents

of the report of the evaluating agency are governed by

subsections (e)(1)(A)-(C) and the conduct of the evaluation is

governed by subsection (e)(2). Subsection (e)(3) requires the

court to find by clear and convincing evidence that the

standards in Code, Courts Article, §3-819 (h) or (i) are met

before committing a child for inpatient care and treatment.

Subsection (e)(4) states that an order committing a child must

require the custodian to file progress reports at least every

six months.

Section (f) provides that a judge conducting a disposition

hearing and issuing an order placing the child outside of the

home must announce and dictate reasons into the record. If the

disposition hearing is conducted by a magistrate, the magistrate

must comply with Rule 11-103 (c). The court is required to make

findings pursuant to Code, Courts Article, §3-816.1 at the

hearing.

110

RULE 11-217

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-217, as follows:

Rule 11-217.

(a)

WAIVER OF REUNIFICATION EFFORTS

Generally

A local department may ask the court to find that

reasonable efforts to reunify a child with the child’s parent or

guardian are not required if the local department concludes that

a condition listed in Code, Courts Article, §3-812 (b) exists.

(b)

Timing

A request under section (a) of this Rule may be made in a

petition filed pursuant to Rule 11-205 or by motion served on

the parties any time after the filing of the initial petition.

The court may not rule on the request unless the child is found

to be in need of assistance at a disposition hearing held

pursuant to Rule 11-216.

(c)

Hearing

If the court finds by clear and convincing evidence after

a hearing that any of the circumstances specified in Code,

Courts Article, §3-812 (b) exist, the court shall waive the

requirement that reasonable efforts be made to reunify the child

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RULE 11-217

with the child's parent or guardian.

(d)

Request for Permanency Hearing

If the court finds that reasonable efforts are not

required, the local department shall request that a permanency

planning hearing be held pursuant to Rule 11-218 (e), make

reasonable efforts to place the child in a timely manner in

accordance with the permanency plan, and complete the steps

necessary to finalize the permanent placement of the child.

Cross reference:

Source:

See Code, Courts Article, §3-812.

This Rule is new.

REPORTER’S NOTE

Proposed Rule 11-217 addresses the ability of the local

department to ask the court to find that reasonable efforts to

reunify a child with the child’s parent or guardian are not

required if the local department concludes certain circumstances

exist.

Section (a) incorporates the provisions of Code, Courts

Article, §3-812 (b), with stylistic changes.

Section (b) incorporates the provisions of Code, Courts

Article, §3-812 (c), with stylistic changes. The court may not

rule on a request under this Rule until after a child is found

to be CINA at a disposition hearing.

Section (c) incorporates the provisions of Code, Courts

Article, §3-812 (d), with stylistic changes.

Section (d) incorporates the provisions of Code, Courts

Article, §3-812 (e), with stylistic changes.

112

RULE 11-218

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-218, as follows:

Rule 11-218.

(a)

MODIFICATION OR VACATION OF ORDER

Authority

(1) Generally

Except as otherwise provided in paragraph (2) of this

section, an order of the court entered in a CINA proceeding may

be modified or vacated if the court finds that action to be in

the best interest of the child.

(2) Limitations

If another Rule in this Chapter or in Code, Courts

Article, Title 3, Subtitle 8 provides a limitation on the

general authority set forth in this section, or a standard or

procedure that is different from or additional to the provisions

of this Rule, that limitation, standard, or procedure shall

prevail.

Committee note: Various provisions in Code, Courts Article,

Title 3, Subtitle 8, mostly dealing with disposition and postdisposition orders, provide certain substantive standards,

limitations, and procedures, including the extent to which the

Rules in Title 5 shall strictly apply, that may differ from or

supplement the general provisions in this Rule. See, in

particular, §§3-819.2, 3-802, and 3-823. Some of those

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RULE 11-218

provisions are incorporated into other Rules in this Chapter.

To the extent of any inconsistency between those provisions and

this Rule, those provisions, to the extent applicable, shall

prevail.

(b)

On Motion, Petition, or Own Initiative

(1) Generally

The court may proceed under this Rule on motion of a

party, on petition of any other person, institution, or agency

having supervision or custody of a respondent child, or on its

own initiative.

(2) Motion; Petition

A motion or petition shall set forth concisely and with

particularity the relief sought and the grounds for that relief.

(3) Own Initiative

If the court proceeds on its own initiative, the order

shall set forth the grounds on which it is based.

(c)

Hearing

If the relief sought is a change in the custody,

guardianship, or commitment of a respondent child and a hearing

is requested, a hearing shall be held.

In all other cases, the

court may grant or deny the requested relief, in whole or in

part, without a hearing.

(d)

Time to Appeal

A motion filed pursuant to this Rule, if filed within 10

days of the entry of an order, shall act as a stay on the time

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RULE 11-218

for filing an appeal.

Source: This Rule is derived in part from former Rule 11-116

(2021) and is in part new.

REPORTER’S NOTE

Proposed Rule 11-218 is derived in part from current Rule

11-116.

Subsection (a)(1) is based on current Rule 11-116 a and

states that, in general, an order of the court may be modified

or vacated if the court finds that it is in the best interest of

the child. Subsection (a)(2) is new and clarifies that if

another Rule or statutory provision limits this general

authority, that Rule or provision prevails. A Committee note

following section (a) refers to various provisions in Code,

Courts Article, Title 3, Subtitle 8, governing disposition and

post-disposition orders.

Section (b) is derived from current Rule 11-116 b and

permits the court to modify or vacate an order on motion of a

party, on petition of another person, or on its own initiative.

A motion or petition must state the relief sought and grounds

for the relief. If the court proceeds on its own initiative,

the order must set forth the grounds.

Section (c) is new and requires that a hearing be held if

the relief sought is a change in the custody, guardianship, or

commitment of a respondent child and a hearing was requested.

Section (d) is new and provides that a motion filed within

10 days of the entry of an order acts as a stay on the time for

filing an appeal.

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RULE 11-219

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-219, as follows:

Rule 11-219.

POST DISPOSITION REVIEW AND MODIFICATION;

PERMANENCY PLANS

(a)

Status Review

(1) Generally

Except as provided in subsection (a)(2) of this Rule,

the court shall conduct a hearing to review the status of a

child under its jurisdiction within six months after the filing

of the first petition under this subtitle and at least every six

months thereafter.

(2) Qualified Residential Treatment Program

If a child has been placed in a qualified residential

treatment program, the court shall conduct a hearing to review

the status of the child and determine the appropriateness of the

placement within 60 days after the child enters the placement.

Cross reference: See Code, Courts Article, §3-816.2 regarding

considerations at a review hearing under this section.

(b)

Review of Custody and Guardianship

After granting custody or guardianship of a child to an

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RULE 11-219

individual pursuant to Code, Courts Article, §3-819.2, the court

may order such further reviews as it determines to be in the

child’s best interests, consistent with Code, Courts Article,

§3-823 (h).

(c)

Review of Commitment to Certain Facilities

(1) In General

If a child has been committed for inpatient care and

treatment in a psychiatric facility or facility for

developmentally disabled individuals pursuant to Code, Courts

Article, §3-819 (h) or (i), the court, on request of any party,

the child’s custodian, or the facility, shall hold a hearing

after the first six months of the commitment and at six month

intervals thereafter to determine whether the standards

specified in those sections of the Code continue to exist.

The

court may hold a hearing at any other time for that purpose.

(2) Other Hearings Based on Individualized Treatment Plans

If an individualized treatment plan developed under

Code, Health-General Article, §7-1006 or §10-706 recommends that

a child no longer meets the requirements of Code, Courts

Article, §3-819 (h) or (i), as applicable, the court shall hold

a hearing to review the commitment order.

(d)

Removal of Child from Court-Ordered Placement

(1) Emergency Hearing

(A) If, after or as part of a CINA disposition, the court

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RULE 11-219

orders a specific placement of the child and the local

department, acting pursuant to Code, Courts Article, §3-820 (a),

removes the child from that placement, gives the notice required

by §3-820 (b), and files a motion to authorize a new placement,

the court shall hold an emergency review hearing on the motion

not later than the next day after the motion is filed.

(B) All parties shall be given reasonable notice of the

hearing.

such evidence as would suffice under Code, Courts Article, §3815 (d) to order shelter care.

(2) Hearing on the Merits

Unless all parties agree to the order entered following

an emergency hearing, the court, at that hearing, shall schedule

a full review hearing on the merits of the local department’s

action to be held within 30 days after the date of removal or,

if agreed to by the parties or for good cause shown, at a later

date.

(e)

Permanency Plan Hearings

(1) Determination of Permanency Plan

If the court has ordered an out-of-home placement, as

defined in Code, Family Law Article, §5-501 (i), it shall,

within the times set forth in Code, Courts Article, §3-823 (b)

or (c), hold a hearing to determine a permanency plan for the

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RULE 11-219

child.

At that hearing, the court shall determine the child’s

permanency plan in accordance with Code, Courts Article, §3-823

(e), (f), and (g) and make findings in accordance with Code,

Courts Article, §3-816.2 (a)(2).

(2) Periodic Reviews

(A) Once a permanency plan has been approved pursuant to

subsection (e)(1) of this Rule, the court shall hold periodic

hearings at the times set forth in Code, Courts Article, §3-823

(h)(1) to review the current plan.

Committee note: Federal law requires the court to continue to

conduct a hearing to review the status of each child under its

jurisdiction at least every six months. At that hearing, the

court must make the findings required by Code, Courts Article,

§3-816.2 (a)(2). See 42 U.S.C. §675 (5)(B).

(B) Notice of the hearing and an opportunity to be heard

shall be provided to the parties and other individuals as

required by Code, Courts Article, §3-816.3.

Cross reference: See Code, Courts Article, §3-816.3 for notice

to the child’s foster parent, preadoptive parent, or caregiver.

written report of a local out-of-home care review board required

under Code, Family Law Article, §5-545 and make the

determinations and take the actions required by Code, Courts

Article, §3-823 (h)(2) and make the findings required by Code,

Courts Article, §3-816.2 (a)(2).

(D) At least every 12 months, the court, at a review

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RULE 11-219

hearing, shall consult on the record with the child, in an ageappropriate manner.

If the court determines that the child is

medically fragile or that it would be detrimental to the child’s

physical or mental health to be transported to the place where

the consultation would occur, the consultation may occur

remotely pursuant to Code, Courts Article, §3-823 (j)(3) and

Rules 2-801 through 2-806.

(3) Reasonable Efforts Finding

At each hearing under this section, the court shall make

a finding as required by Code, Courts Article, §3-816.1.

Source: This Rule is derived in part from former Rule 11-115 c

(2021) and is in part new.

REPORTER’S NOTE

Proposed Rule 11-219 is derived in part from current Rule

11-115 c.

Section (a) incorporates the provisions of Code, Courts

Article, §3-816.2, with stylistic changes. A cross reference to

the Code follows section (a).

Section (b) is new. It permits the court to order further

reviews after granting custody or guardianship under Code,

Courts Article, §3-819.2.

Section (c) is derived from current Rule 11-115 c 3. It

provides for review if a child has been committed for inpatient

care. The court must hold a hearing on request of any party,

the child’s custodian, or the facility after the first six

months and at six-month intervals thereafter. If an

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RULE 11-219

individualized treatment plan for the child recommends that the

child no longer meets the requirements for commitment set forth

in Code, Courts Article, §3-819 (h) or (i), the court must hold

a review hearing immediately.

Section (d) is new. It is derived from Code, Courts

Article, §3-820. The Code section provides for an emergency

hearing, then a full hearing on the merits when a child is

removed from a court-specified placement by the local

department. Subsection (d)(1) requires the local department to

file a motion to authorize the new placement and the court to

hold an emergency review hearing by the next day. All parties

must receive reasonable notice, and the court may ratify the

emergency removal only if there is sufficient evidence. The

Rules of Evidence do not apply at the emergency review hearing.

Subsection (d)(2) requires a full hearing on the merits to be

scheduled unless the parties agree to an order at the emergency

hearing. The full hearing must be held within 30 days but may

be postponed by agreement or good cause shown.

Section (e) is new. It is derived from Code, Courts

Article, §3-823 and §3-816.2. If the court orders an out-ofhome placement, it shall hold a hearing within the time

specified in the statute to determine a permanency plan.

Periodic reviews of the permanency plan must be held in

accordance with the statute. A Committee note following

subsection (e)(2)(A) refers to a federal statute requiring

certain review hearings and findings occur every six months for

children in out-of-home placements. Subsection (e)(3) requires

the court to make findings pursuant to Code, Courts Article, §3816.1.

121

RULE 11-220

MARYLAND RULES OF PROCEDURE

TITLE 11 – JUVENILE CAUSES

CHAPTER 200 – CHILD IN NEED OF ASSISTANCE

ADD new Rule 11-220, as follows:

Rule 11-220.

(a)

TERMINATION OF PROCEEDING

Termination of Jurisdiction

(1) Generally

Except as provided in subsection (a)(2), upon

termination of the court’s jurisdiction over the respondent

child, the court shall enter a final order terminating the

proceeding.

Cross reference: See Code, Courts Article, §3-804 (b),

providing that jurisdiction over a CINA continues until the

child is age 21 years, unless the court terminates the case

sooner.

(2) Limited Retention of Jurisdiction

If the court enters an order directing the provision of

services to a child under Code, Courts Article, §3-819 (c)(3) or

§3-823 (h)(2)(vii), the court retains jurisdiction for the

limited purpose of enforcement, modification, or termination of

the order.

Cross reference: See Code, Courts Article, §§3-804 (d) and 3823 (k) and In re Adoption/Guardianship Dustin R., 445 Md. 536

(2015) for continuing jurisdiction over a CINA.

122

RULE 11-220

(b)

Prior to Termination of Jurisdiction

Upon a finding of good cause, the court may enter a final

order terminating the proceeding prior to expiration of the

court’s jurisdiction by operation of law (1) on the court’s own

initiative, (2) on motion of a party, or (3) on the

recommendation of an appropriate governmental agency exercising

supervision over the respondent.

Cross reference: See In re Emileigh F., 355 Md. 198 (1999) and

In re Joseph N., 407 Md. 278 (2009) precluding the court from

terminating the proceeding while an appeal from its decision is

pending.

Source:

This Rule is derived from former Rule 11-120 (2021).

REPORTER’S NOTE

Proposed Rule 11-220 is derived from current Rule 11-120.

Subsection (a)(1) requires the court to enter a final order

terminating the proceeding when the court’s jurisdiction over a

respondent child terminates. A cross reference cites statutory

provisions and case law governing termination of jurisdiction.

Subsection (a)(2) creates an exception for limited retention of

jurisdiction. A cross reference to Code sections and case law

follows the subsection.

Section (b) permits a court, upon a finding of good cause,

to enter a final order terminating the proceeding prior to the

expiration of jurisdiction. A cross reference identifies cases

that preclude the court from terminating its jurisdiction while

an appeal is pending.

123

FORM 11-206

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 200 - CHILD IN NEED OF ASSISTANCE FORMS

FORM

ADD new Form 11-206, as follows:

FORM 11-206.

NOTICE INCLUDED IN CINA SUMMONS

TO THE PERSON SUMMONED:

The Court, at this or any later

hearing, may consider and enter orders concerning the shelter

care, commitment, custody, treatment, and supervision of the

respondent child

_________________________(full name of child);

responsibility for the child’s support; controlling the conduct

of persons before the court; and assessing court costs.

You may hire a lawyer to represent you.

sure to show this Summons to the lawyer.

If you do so, be

If you cannot afford a

lawyer, promptly contact the Office of the Public Defender on

any weekday between 8:30 a.m. and 4:30 p.m. at:

___________________________________.

A postponement will not

be granted because you fail to contact a lawyer.

If you do not want a lawyer but wish to subpoena witnesses

on your behalf, you must request promptly issuance of the

subpoenas.

A postponement will not be granted if you fail to do

so.

124

FORM 11-206

If you received a Request for Witness Subpoena Form with

this Summons, you must list neatly the names and addresses of

the witnesses you wish to call on the form and return promptly

the form to the Clerk of the Juvenile Court at the address shown

on the form.

If you did not receive a Request for Witness Form, you must

contact promptly the Clerk of the Juvenile Court on any weekday

between 8:30 a.m. and 4:30 p.m. at ___________________

(telephone number), who will provide you with the necessary

subpoena forms.

Any reasonable accommodation for persons with a disability

must be requested by contacting the court before the hearing.

REPORTER’S NOTE

Proposed Form 11-206 is the form notice to include in a

CINA summons issued on the filing of a CINA petition. It is

based on former Form 904-S and notifies the recipient of the

potential for court orders impacting care, custody, and support

for the respondent child as well as orders controlling conduct

of individuals and court costs. It also advises the recipient

of the right to hire a lawyer, the right to subpoena witnesses,

and the process for requesting a witness subpoena.

125

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

TABLE OF CONTENTS

Rule 11-301.

APPLICABILITY

Rule 11-302.

DEFINITIONS

(a) Statutory Definitions

(b) Additional Definitions

(1) CINA

(2) Local Department

Rule 11-303.

APPLICATION OF OTHER TITLES

Rule 11-304.

PETITION FOR GUARDIANSHIP

(a) Who May File

(b) Where Filed

(d) New Case

(e) Caption

(f) Contents

(g) Attachments

(h) Unknown Facts; Unavailable Documents

(i) Facts Known to Local Department

Rule 11-305.

NOTICE OF FILING; STATUS CONFERENCE

(a) Notice Requirement

(b) Parental Address

Rule 11-306.

ORDER TO SHOW CAUSE

(a) Issuance

(b) Translation

(1) Generally

126

(2) Method of Service

Rule 11-307.

NOTICE OF OBJECTION

(a) In General

(b) Time for Filing

(d) Service

(e) Response

(f) Hearing

(g) Access to Records

Rule 11-308.

ATTORNEY FOR PARENT AND CHILD; GUARDIAN AD LITEM

(a) Right to Attorney

(b) Appointed Attorney for Parent

(d) Dual Representation

(e) Compensation

(f) Guardian Ad Litem

(g) Court-Appointed Special Advocate

Rule 11-309.

AFFIRMATIVE CONSENT BY PARENT TO GUARDIANSHIP

(a) Generally

(b) Form and Content

(d) Filing of Consent

(1) Consent Obtained Before Guardianship Petition

Filed

(2) Consent Obtained After Guardianship Petition Filed

(e) Revocation of Consent

(1) Generally

(2) Method of Revocation

(3) Hearing

(f) Non-fulfillment of Conditional Consent or Acquiescence

Rule 11-310.

INVESTIGATION

Rule 11-311.

CONSOLIDATION

Rule 11-312.

HEARING – GUARDIANSHIP PETITION

127

(a) When Hearing is Discretionary

(b) When Hearing is Required

(d) Judge to Preside

Rule 11-313.

TIME LIMIT ON RULING

(a) Earliest Time

(b) Latest Time

Rule 11-314.

GRANT OF GUARDIANSHIP

(a) Generally

(b) With Consent

(1) Generally

(2) Required Considerations and Findings

(3) When Consideration of Criteria Excused

Rule 11-315.

GUARDIANSHIP ORDER

(a) Separate Order

(b) Order Accompanying Denial of Guardianship

(d) Copies of Order

(e) Effects of Order for Guardianship

Rule 11-316.

GUARDIANSHIP REVIEW HEARINGS

(a) Timing

(b) Purpose

(d) Right of Parent and Caregiver at Hearing

(e) Duty of Local Department

(f) Duty and Authority of Court

(g) Removal of Child from Court-Ordered Placement

(1) Emergency Review Hearing

(2) Hearing on the Merits of the Department’s Action

(h) Annual Consultation

Rule 11-317.

FAILED CONDITIONAL CONSENT

(a) Notice

(b) Hearing

128

Rule 11-318.

TERMINATION OF GUARDIANSHIP

(a) Local Department Guardianship

(b) Individual Guardian

(d) Child with Developmental Disability

(e) Closing Case

Rule 11-319.

COURT RECORDS

FORMS

Form 11-306.

ORDER TO SHOW CAUSE

Form 11-307.

NOTICE OF OBJECTION/REQUEST FOR ATTORNEY

Form 11-309.

CONSENT BY PARENT TO GUARDIANSHIP

129

RULE 11-301

MARYLAND RULES OF PROCEDURE

TITLE 11 - JUVENILE CAUSES

CHAPTER 300 - GUARDIANSHIP TERMINATING PARENTAL RIGHTS

ADD new Rule 11-301, as follows:

Rule 11-301.

APPLICABILITY

The Rules in this Chapter apply to:

(a)

Guardianship proceedings in a juvenile court to terminate

parental rights after a child has been found to be a child in

need of assistance; and

(b)

Guardianship review proceedings in a juvenile court after

the entry of an order of guardianship that terminated parental

rights.

Cross re

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