2388

LAWS OF MARYLAND

Ch. 697

and Mental Hygiene under certain circumstances. be
committed to certain mental health facilities under
certain conditions; requiring a committing court to
make certain findings and conduct certain hearings; and
generally relating to the commitment of juveniles to
certain mental health facilities.

BY adding to

Article - Courts and Judicial Proceedings
Section 3-820(e) , (f) and (g)
Annotated Code of Maryland
(1974 Volume and 1979 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be repealed, amended, or enacted to read as follows: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

3-820.

(E) A CHILD MAY NOT BE COMMITTED TO THE CUSTODY OR
UNDER THE GUARDIANSHIP OF THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE FOR A MENTAL DISORDER OR MENTAL ILLNESS
UNLESS THE CHILD:

(1) HAS UNDERGONE PROFESSIONAL EVALUATION; AND

(2) HAS BEEN DETERMINED TO BE IN NEED OF

INPATIENT CARE OR TREATMENT FOR THE PROTECTION OF THE CHILD
OR OTHERS.

(E)  A CHILD MAY BE PLACED IN AN EMERGENCY FACILITY ON
AN EMERGENCY BASIS UNDER § 22 OF ARTICLE 59.

(F)  THE COURT MAY NOT COMMIT A CHILD TO THE CUSTODY OF
THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE FOR INPATIENT
CARE AND TREATMENT IN A STATE MENTAL HOSPITAL UNLESS THE
COURT FINDS ON THE RECORD BASED UPON CLEAR AND CONVINCING
EVIDENCE THAT:

(1)  THE CHILD HAS A MENTAL DISORDER;

(2)  THE CHILD NEEDS INPATIENT MEDICAL CARE OR
TREATMENT FOR THE PROTECTION OF HIMSELF OR OTHERS;

(3)  THE CHILD IS UNABLE OR UNWILLING TO BE
VOLUNTARILY ADMITTED TO SUCH FACILITY; AND

(4)  THERE IS NO LESS RESTRICTIVE FORM OF
INTERVENTION AVAILABLE WHICH IS CONSISTENT WITH THE CHILD'S
CONDITION AND WELFARE.

(G)  ANY COMMITMENT ORDER ISSUED UNDER SUBSECTION (F)
SHALL REQUIRE THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE TO