2960

LAWS OF MARYLAND

Ch. 795

facility under certain circumstances; requiring the
committing court to make certain findings and conduct
certain hearings; and generally relating to the
commitment of juveniles to certain facilities for the
mentally retarded.

BY repealing and reenacting, with amendments, and
renumbering

Article - Courts and Judicial Proceedings

Section 3-820(g)

to be Section 3-820(h)

Annotated Code of Maryland

(1980 Replacement Volume and 1980 Supplement)

BY adding to

Article - Courts and Judicial Proceedings

Section 3-820(g)

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be repealed, amended, or enacted to read as follows: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

3-820.

(g) 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 RETARDATION FACILITY
UNLESS THE COURT FINDS ON THE RECORD BASED UPON CLEAR AND
CONVINCING EVIDENCE THAT:

(1)  THE CHILD IS MENTALLY RETARDED;

(2)  THE CONDITION IS OF SUCH A NATURE THAT FOR
THE ADEQUATE CARE OR PROTECTION OF THE CHILD AND OR OTHERS,
THE CHILD NEEDS IN-RESIDENCE CARE OR TREATMENT; AND

(3)  THERE IS NO LESS RESTRICTIVE FORM OF CARE
AND TREATMENT AVAILABLE WHICH IS CONSISTENT WITH THE CHILD'S
WELFARE AND SAFETY.

(H) (1) Any commitment order issued under [subsection
(f)] SUBSECTIONS (F) OR (G) OF THIS SECTION shall require
the Department of Health and Mental Hygiene to file progress
reports with the court at intervals no greater than every 6
months during the life of the order. The Department of
Health and Mental Hygiene shall provide the child's attorney
of record with a copy of each report. The court shall
review each report promptly and consider whether the
commitment order should be modified or vacated. After the