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Session Laws, 1966
Volume 678, Page 894   View pdf image (33K)
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894                                LAWS OF MARYLAND                       [CH. 520

shall be verified by affidavit, shall be executed in duplicate, and shall
be accompanied by two certified copies of the document or documents
on which the petitioner's entitlement to the juvenile's custody is
based, such as birth certificates, letters of guardianship, or custody
decrees. Such further affidavits and other documents as may be
deemed proper may be submitted with such petition. The judge of
the court to which this application is made may hold a hearing
thereon to determine whether for the purposes of this compact the
petitioner is entitled to the legal custody of the juvenile, whether or
not it appears that the juvenile has in fact run away without con-
sent, whether or not he is an emancipated minor, and whether or
not it is in the best interest of the juvenile to compel his return to
the state. If the judge determines, either with or without a hearing,
that the juvenile should be returned, he shall present to the appro-
priate court or to the executive authority of the state where the
juvenile is alleged to be located a written requisition for the return
of such juvenile. Such requisition shall set forth the name and age
of the juvenile, the determination of the court that the juvenile has
run away without the consent of a parent, guardian, person or
agency entitled to his legal custody, and that it is in the best interest
and for the protection of such juvenile that he be returned. In the
event that a proceeding for the adjudication of the juvenile as a
delinquent, neglected or dependent juvenile is pending in the court
at the time when such juvenile runs away, the court may issue a
requisition for the return of such juvenile upon its own motion,
regardless of the consent of the parent, guardian, person or agency
entitled to legal custody, reciting therein the nature and circum-
stances of the pending proceeding. The requisition shall in every
case be executed in duplicate and shall be signed by the judge. One
copy of the requisition shall be filed with the compact administrator
of the demanding state, there to remain on file subject to the provi-
sions of law governing records of such court. Upon the receipt of
a requisition demanding the return of a juvenile who has run away,
the court or the executive authority to whom the requisition is
addressed shall issue an order to any peace officer or other appro-
priate person directing him to take into custody and detain such
juvenile. Such detention order must substantially recite the facts
necessary to the validity of its issuance hereunder. No juvenile
detained upon such order shall be delivered over to the officer whom
the court demanding him shall have appointed to receive him, unless
he shall first be taken forthwith before a judge of a court in the
state, who shall inform him of the demand made for his return and
who may appoint counsel or guardian ad litem for him. If the judge
of such court shall find that the requisition is in order, he shall
deliver such juvenile over to the officer whom the court demanding
him shall have appointed to receive him. The judge, however, may
fix a reasonable time to be allowed for the purpose of testing the
legality of the proceeding.

Upon reasonable information that a person is a juvenile who has
run away from another state party to this compact without the
consent of a parent, guardian, person or agency entitled to his legal
custody, such juvenile may be taken into custody without a requisi-
tion and brought forthwith before a judge of the appropriate court
who may appoint counsel or guardian ad litem for such juvenile and
who shall determine after a hearing whether sufficient cause exists
to hold the person, subject to the order of the court, for his own


 

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Session Laws, 1966
Volume 678, Page 894   View pdf image (33K)   << PREVIOUS  NEXT >>


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