MARVIN MANDEL, Governor                                       155

(1)    ADEQUATE FACILITIES HAVE NOT BEEN
ESTABLISHED; AND

(2)   IT APPEARS TO THE SATISFACTION OF THE
COURT, OR OTHER PERSON DESIGNATED BY THE COURT, THAT
PUBLIC SAFETY AND PROTECTION REASONABLY REQUIRE
DETENTION. A CHILD MAY NOT BE CONFINED IN A JAIL OR
OTHER FACILITY FOR THE DETENTION OF ADULTS, UNLESS IN
A ROOM OR WARD ENTIRELY SEPARATED FROM ADULTS.

(3)   AFTER JANUARY 1, 1975, A CHILD ALLEGED
TO BE DELINQUENT MAY NOT BE DETAINED IN A JAIL OR
OTHER FACILITY FOR THE DETENTION OF ADULTS OR IN A
FACILITY TO WHICH DELINQUENTS ARE COMMITTED.

(D)    PLACEMENT OF CHILD ALLEGED TO BE NEGLECTED,
DEPENDENT, OR IN NEED OF SUPERVISION.

A CHILD ALLEGED TO BE NEGLECTED, DEPENDENT, OR IN
NEED OF SUPERVISION MAY NOT BE PLACED IN DETENTION,
BUT ONLY IN SHELTER CARE FACILITIES MAINTAINED BY THE
DEPARTMENT OF SOCIAL SERVICES OR ANY AGENCY LICENSED
BY THE DEPARTMENT OF SOCIAL SERVICES OR ANY HOME OR
FACILITY MAINTAINED BY THE DEPARTMENT OF JUVENILE
SERVICES FOR THE CHILD IN NEED OF SUPERVISION.

(E)    PLACEMENT OF CHILD ALLEGED TO BE MENTALLY
HANDICAPPED.

A CHILD ALLEGED TO BE MENTALLY HANDICAPPED MAY
NEVER BE PLACED IN DETENTION, BUT ONLY IN SHELTER CARE
FACILITIES MAINTAINED BY THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE OR ANY AGENCY LICENSED BY THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

REVISOR'S NOTE: This section presently appears as
Art. 26, §70-11 (a) and (d) and §70-12(a),
(d), and (e), as amended by Ch. 737, Acts
of 1973. They all contain provisions which
impose limitations upon placing a child in
detention or in shelter care before
adjudication. The provisions dealing with
limitations upon confinement of a child
after adjudication are placed in §3—832
with all other similar provisions.

The provisions of subsection (b) of §70—11
are placed in §3—824 because they deal with
a different subject matter. The provisions
of subsections (b) and (c) of §70—12 are
allocated to a separate section—§3—825.