# STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE

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## Record

- **Collection:** Court rules
- **Document type:** Court rule

## Text

STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
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
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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.
2

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
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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.
4

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.
5

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
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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
7

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
8

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.

9

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.
1

10

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.

11

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.
12

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,
13

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

14

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
(c) Interstate Compacts; Indian Child Welfare Act
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
(c) Report and Recommendations
(1) Contents of Reports
(2) When Filed
(3) Service
(d) Immediate Review
15

(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
(c) Hearing
(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
16

(c) Place of Hearing
(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
(c) Other Remedies
Rule 11-112. PAPERS IN A FOREIGN LANGUAGE

17

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:
18

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;
(C) A hearing on a guardianship petition under Rule 11312;
(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
19

RULE 11-101
(C) Guardianship review hearings under Rule 11-316.
(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
20

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.

21

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
22

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,
24

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.

25

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.
26

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;
(C) administering oaths to witnesses;
(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.
27

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

28

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
29

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.
(C) If the State is the only excepting party in a
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.
30

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;
or
(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
31

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
32

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.

33

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

34

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.

35

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.

36

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;
(C) the date of issue;
(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
37

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.

38

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.

39

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
40

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
41

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.

It

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;
(C) a disposition hearing held the same day as the
adjudicatory hearing; or
(D) an emergency review hearing under Code, Courts
42

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.
(C) If petitions are filed against a child and an adult,
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
43

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.

44

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.

45

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.

46

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.

47

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.

48

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).

49

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.

50

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.
51

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.

52

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
(c) Petition for Continued 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
(c) Hearing
(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
53

(1) Where Filed
(2) Transfer
(c) Separate CINA Petition for Each Child
(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
(c) Service
(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
(c) Other Parties; Representation at
State Expense
(1) Limitation on Entitlement
(2) Public Defender
(d) Court-Appointed Special Advocate
Rule 11-208. RESPONSE TO PETITION
(a) Nature of Response
54

(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
(c) Use of Report Ordered Under Code, Courts Article,
§3-816
Rule 11-211. EMERGENCY MEDICAL TREATMENT
(a) Court Order
(1) Generally
(2) Placement in Emergency Facility
(b) Expedited Hearing
(c) Life-Sustaining Procedures
Rule 11-212. DISCOVERY
(a) Terminology
(b) Informal
(c) Court Order
(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
55

(1) Generally
(2) Child in Shelter Care
(3) Child Not in Shelter Care
(c) Presentation of Evidence; Burden of Proof
(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
(c) Termination of Intervention
Rule 11-216. DISPOSITION HEARING AND ORDER
(a) Generally
(b) Scheduling
(c) Purpose of Hearing
(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
56

(a) Generally
(b) Timing
(c) Hearing
(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
(c) Hearing
(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
(c) Review of Commitment to Certain Facilities
(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
57

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

58

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.

59

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.

60

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).

61

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.
62

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.

63

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

64

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
65

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.
66

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
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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.

68

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

69

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

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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
(C) whether the petitioner is seeking continued shelter
care.
(f)

Signature; Affidavit

(1) Who Must Sign
The CINA petition shall be signed by:
(A) the petitioner personally, if the petitioner is an
individual; or
(B) an attorney for the petitioner in other cases.
(2) Effect of Signature
The signature constitutes a certification that the
signer has read the petition, that to the best of the signer’s
knowledge, information, and belief, there is a legal and factual
basis to support the petition, and that it is not filed for an
improper purpose or delay.
(3) When Affidavit Required
A CINA petition filed under the Interstate Compact for
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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
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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.

73

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
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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
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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.

76

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
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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
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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).

79

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.
80

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.

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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.

82

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
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RULE 11-210
(C) may address (i) the filing of a report of findings and
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.

84

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.

85

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

86

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
87

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.

88

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
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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

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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
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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.
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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.
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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.

94

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
95

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.
(C) If the hearing is not held within the period permitted
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
allowe

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Amd%3A39486d936f9b90b6. Public record. Not legal advice.