HARRY HUGHES, Governor
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(II) APPROPRIATE TIME PERIODS FOR THE
DEVELOPMENT, IMPLEMENTATION, AND REVIEW OF EACH PLAN.
REVISOR'S NOTE: This section formerly appeared as
Article 59, § 3A.
In subsection (a) of this section, the former
reference to "{o}n or after October 1, 1973" is
deleted as obsolete.
Also in subsection (a) of this section, the
former reference to a facility "licensed by or
under the jurisdiction of the Department" is
deleted as unnecessary.
Defined terms: "Director" § 10-101
"Facility" § 10-101 "Treatment" § 10-101
"Includes"/"including" § 1-101
10-706. TREATMENT OF MINORS.
(A) IN GENERAL.
EACH MINOR WHO IS BEING CARED FOR OR TREATED IN A
RESIDENTIAL, PUBLIC STATE FACILITY SHALL BE PLACED IN A UNIT
FOR MINORS AND MAY NOT BE PLACED IN A UNIT WHERE ADULTS ARE
PLACED, UNLESS THE INDIVIDUAL PLAN OF TREATMENT FOR THE
MINOR PROVIDES OTHERWISE.
(B) ENFORCEMENT.
A PERSON, ON BEHALF OF THE MINOR, MAY FILE A PETITION
IN THE CIRCUIT COURT FOR THE COUNTY WHERE THE FACILITY IS
LOCATED, TO COMPEL COMPLIANCE WITH THIS SECTION.
REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 37.
In subsection (a) of this section, the former
reference to a public facility "as defined in §
31 of this article under the general jurisdiction
of the Director ... or any similar appropriate
public facility" is deleted as unnecessary.
The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that Ch. 535, Acts of 1981, amended former
Article 59, § 37(a), with the apparent intent to
prohibit the placement of minors with adults,
regardless of the recommendation of the plan of
treatment for the minor. However, while the
reference to the plan was stricken from former
Article 59, § 37(a)(1), the reference to the plan
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