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Ch. 387 2006 LAWS OF MARYLAND
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WRITTEN REPORT WITH THE COURT, WITH NOTICE TO COUNSEL OF THE SUBMISSION
OF THE REPORT, WITHIN 90 DAYS AFTER THE COURT ORDER STATING WHETHER, IN
THE OPINION OF THE DEPARTMENT, THE CHILD:
(1) HAS ATTAINED COMPETENCY;
(2) REMAINS INCOMPETENT TO PROCEED, BUT MAY BE ABLE TO ATTAIN
COMPETENCY IN THE FORESEEABLE FUTURE; OR
(3) REMAINS INCOMPETENT TO PROCEED, AND IS UNLIKELY TO ATTAIN
COMPETENCY IN THE FORESEEABLE FUTURE.
(B) (1) THE COURT SHALL HOLD A COMPETENCY HEARING IN ACCORDANCE
WITH § 3-8A-174 OF THIS SUBTITLE WITHIN 15 DAYS AFTER THE COURT RECEIVES
THE REPORT DESCRIBED IN SUBSECTION (A) OF THIS SECTION.
(2) FOR GOOD CAUSE SHOWN, THE HEARING DATE MAY BE CONTINUED
FOR A REASONABLE PERIOD OF TIME.
(C) (1) AT THE COMPETENCY HEARING, IF THE COURT DETERMINES THAT
THE CHILD IS COMPETENT, THE COURT SHALL PROCEED IN ACCORDANCE WITH §
3-8A-17.5 OF THIS SUBTITLE.
(2) CASE MANAGEMENT AND SUPERVISION OF THE CHILD SHALL BE
TRANSFERRED TO THE DEPARTMENT OF JUVENILE SERVICES TO CONTINUE
PROCEEDINGS UNDER THIS SUBTITLE.
(3) (I) SUBJECT TO THE TIME PERIODS FOR DISMISSAL OF THE CASE
SPECIFIED IN § 3-8A-17.9 OF THIS SUBTITLE, IF THE COURT DETERMINES THAT THE
CHILD REMAINS INCOMPETENT TO PROCEED, BUT MAY BE ABLE TO ATTAIN
COMPETENCY IN THE FORESEEABLE FUTURE, THE COURT MAY ORDER THAT
SERVICES BE CONTINUED IN INCREMENTS OF NOT MORE THAN 6 MONTHS.
(II) WITHIN 6 MONTHS AFTER THE COURT ORDERS ADDITIONAL
SERVICES UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE SHALL FILE A WRITTEN REPORT AS DESCRIBED IN
SUBSECTION (A) OF THIS SECTION.
(III) 1. THE COURT SHALL HOLD A COMPETENCY HEARING IN
ACCORDANCE WITH § 3-8A-17.4 OF THIS SUBTITLE WITHIN 15 DAYS AFTER THE
COURT RECEIVES THE REPORT DESCRIBED IN SUBPARAGRAPH (III) OF THIS
PARAGRAPH.
2. FOR GOOD CAUSE SHOWN, THE HEARING DATE MAY BE
CONTINUED FOR A REASONABLE PERIOD OF TIME.
(1) (4) IF THE COURT DETERMINES THAT THE CHILD REMAINS
INCOMPETENT TO PROCEED AND IS UNLIKELY TO ATTAIN COMPETENCY IN THE
FORESEEABLE FUTURE, THE COURT SHALL PROCEED IN ACCORDANCE WITH §
3-8A-17.7 OF THIS SUBTITLE.
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- 2098 -
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