1120

LAWS OF MARYLAND

Ch. 335

Article 59 - Mental Hygiene

Section 37

Annotated Code of Maryland

(1972 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article — Courts and Judicial Proceedings

3-823.

(C) UNLESS AN INDIVIDUALIZED TREATMENT PLAN DEVELOPED
UNDER SECTION 3A OF ARTICLE 59 OF THE CODE INDICATES
OTHERWISE:

(1)   A CHILD MAY NOT BE COMMITTED OR TRANSFERRED
TO ANY PUBLIC OR PRIVATE FACILITY OR INSTITUTION UNLESS THE
CHILD IS PLACED IN ACCOMMODATIONS THAT ARE SEPARATE FROM
OTHER PERSONS 18 YEARS OF AGE OR OLDER WHO ARE CONFINED TO
THAT FACILITY OR INSTITUTION; AND

(2)    THE CHILD MAY NOT BE TREATED IN ANY GROUP
WITH PERSONS WHO ARE 18 YEARS OF AGE OR OLDER UNLESS THE

TREATMENT PLANS FOR THE PERSONS 18 YEARS OF AGE OR OLDER

INDICATE THAT THEY MAY BE TREATED WITH PERSONS UNDER 18

YEARS OF AGE.

Article 59 — Mental Hygiene
17.

(A)    (1) UNLESS THE INDIVIDUALIZED TREATMENT PLAN
DEVELOPED PURSUANT TO SECTION 3A OF ARTICLE 59 OF THE CODE
INDICATES OTHERWISE, ANY PERSON UNDER 18 YEARS OF AGE WHO IS
ADMITTED, COMMITTED, CONFINED OR IN ANY MANNER HOUSED IN ANY
PUBLIC FACILITY UNDER THE GENERAL JURISDICTION OF THE
COMMISSIONER OR ANY SIMILAR APPROPRIATE PUBLIC FACILITY
PROVIDING RESIDENTIAL PSYCHIATRIC TREATMENT SHALL BE PLACED
IN A WARD, UNIT OR OTHER ACCOMMODATIONS FOR MINORS, SEPARATE
AND APART FROM PATIENTS 18 YEARS OF AGE OR OLDER, OR IN SOME
OTHER MANNER BE PLACED IN ACCOMMODATIONS SEPARATE AND APART
FROM PATIENTS 18 YEARS OF AGE AND OLDER.

(2) IN ADDITION UNLESS THE INDIVIDUALIZED
TREATMENT PLAN INDICATES OTHERWISE, THE CHILD MAY NOT BE
TREATED IN ANY GROUP WITH PERSONS WHO ARE 18 YEARS OF AGE OR

OLDER UNLESS THE TREATMENT PLANS FOR ALL--THESE PERSONS 18

YEARS OF AGE AND OLDER INDICATES THAT THEY MAY BE TREATED

WITH PERSONS UNDER 18 YEARS OF AGE.

(B)    (1) IF THERE IS A FAILURE TO COMPLY WITH THE
PROVISIONS OF SUBSECTION (A) OF THIS SECTION, A PETITION MAY
BE FILED IN THE APPROPRIATE COURT ON BEHALF OF THE MINOR TO
SECURE THE RELEASE OF THE MINOR REQUIRE COMPLIANCE WITH THIS
SECTION. THE PETITION SHALL BE FILED IN THE CIRCUIT COURT