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Session Laws, 1979
Volume 737, Page 978   View pdf image
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978

LAWS OF MARYLAND

Ch. 307

PETITIONER TO REMAIN ELSEWHERE PENDING FURTHER PROCEEDINGS.

(2) THAT IF ANY CHILDREN REMAIN IN THE FAMILY
HOME WITH THE SPOUSE WHO IS ALLEGED TO HAVE BEEN VIOLENT A
REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES
SHALL ACCOMPANY THE LOCAL LAW ENFORCEMENT OFFICER TO THE
FAMILY HOME AND DETERMINE WHETHER THERE IS PROBABLE CAUSE TO
BELIEVE THAT THE CHILDREN ARE IN SERIOUS PHYSICAL DANGER AND
THAT AN EMERGENCY SITUATION EXISTS, AND IF SO, REMOVE THE
CHILDREN FROM THE HOUSEHOLD WITHOUT FURTHER PRIOR APPROVAL

BY THE COURT. THE REPRESENTATIVE SHALL THEN TAKE SUCH

FURTHER ACTION AS IS APPROPRIATE, INCLUDING RESTORING THE
CHILDREN TO THE CUSTODY OF THE PETITIONING PARENT OR,WHEN
INDICATED, PETITIONING THE JUVENILE COURT ON BEHALF OF THE
CHILDREN FOR THE ADDED PROTECTION WHICH EITHER COMMITMENT OR
CUSTODY WOULD PROVIDE, OR PROCEEDS WITH ANY APPROPRIATE
REPORTS OR ACTION IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 27§ 35A.

(3) ANY OTHER RELIEF THE COURT DEEMS PROPER.

(E) THE SAME PROVISIONS REGARDING IMMUNITY AND COSTS
UNDER ARTICLE 27§ 35A SHALL APPLY TO ASSISTANCE RENDERED TO
CHILDREN OR A VICTIM OF SPOUSAL VIOLENCE PURSUANT TO THIS
STATUTE.

(F) AN ACTION UNDER THIS SUBTITLE SHALL NOT PRECLUDE
THE PETITIONER FROM SEEKING ANY OTHER CRIMINAL OR CIVIL
RELIEF.

Spousal Assault

FOR the purpose of authorizing law enforcement officers to
provide protection for victims of spousal assault and
assistance in removing certain personal property from
the family home; and providing immunity from liability
for officers carrying out the provisions of this Act.

BY adding to

Article 27 - Crimes and Punishments

Section 11F to be under the new subtitle "Spousal

Assault"
Annotated Code of Maryland
(1976 Replacement Volume and 1978 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be repealed, amended, or enacted to read as follows: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 27 - Crimes and Punishments

SPOUSAL ASSAULT

11F.

 

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Session Laws, 1979
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