HARRY HUGHES, Governor

1587

Juveniles - Shelter Care

FOR the purpose of excluding State mental health facilities
from the definition of facilities used for shelter
care; prohibiting State mental health facilities from
being used for shelter care purposes; and making a
stylistic correction.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-801(q) and 3-815(e)

Annotated Code of Maryland

(1980 Replacement Volume and 1980 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be repealed, amended, or enacted to read as follows: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

3-801.

(q) (1) "Shelter care" means the temporary care of
children in physically unrestricting facilities.

(2) "SHELTER CARE" DOES NOT MEAN CARE IN A STATE
MENTAL HEALTH FACILITY.

3-815.

(e) A child alleged to be in need of supervision or in
need of assistance may not be placed in detention AND MAY
NOT BE PLACED IN A STATE MENTAL HEALTH FACILITY. If the
child is alleged to be in need of assistance by reason of a
mental handicap, [he] THE CHILD may be placed in shelter
care facilities maintained or licensed by the Department of
Health and Mental Hygiene or if these facilities are not
available, then in a private home or SHELTER CARE facility
approved by the court. If the child is alleged to be in
need of assistance for any other reason, or in need of
supervision, he may be placed in shelter care facilities
maintained or approved by the Social Services
Administration, or the Juvenile Services Administration, or
in a private home or shelter care facility approved by the
court.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 12, 1981.