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S.B. 808
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VETOES
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(2) AFTER THE EXPIRATION OF THE TIME PERIODS FOR DISMISSAL
SPECIFIED IN § 3-8A-17.9 OF THIS SUBTITLE, SHALL DISMISS THE DELINQUENCY
PETITION OR VIOLATION OF PROBATION PETITION.
3-8A-17.8.
(A) IF THE COURT ORDERS THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE TO PROVIDE COMPETENCY ATTAINMENT SERVICES UNDER § 3-8A-17.6 OF
THIS SUBTITLE, THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL FILE A
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-17.4 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.
(2) (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.
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- 3358 -
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