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2005 LAWS OF MARYLAND
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Ch. 404
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(ii) Reasonable but unsuccessful efforts were made to prevent or
eliminate the need for removal of the child from the home.
(e) (1) If the court continues shelter care on the basis of an alleged
emergency, the court shall assess whether the absence of efforts to prevent removal
was reasonable.
(2) If the court finds that the absence of efforts to prevent removal was
not reasonable, the court shall make a written determination so stating.
(3) The court shall make a written determination as to whether
reasonable efforts are being made to make it possible to return the child to the child's
home or whether the absence of such efforts is reasonable.
3-819.
(a) (1) Unless a CINA petition under this subtitle is dismissed, the court
shall hold a separate disposition hearing after an adjudicatory hearing to determine
whether the child is a CINA.
(2) The disposition hearing shall be held on the same day as the
adjudicatory hearing unless on its own motion or motion of a party, the court finds
that there is good cause to delay the disposition hearing to a later day.
(3) If the court delays a disposition hearing, it shall be held no later than
30 days after the conclusion of the adjudicatory hearing unless good cause is shown.
(b) (1) In making a disposition on a CINA petition under this subtitle, the
court shall:
[(1)] '(I) Find that the child is not in need of assistance and, except as
provided in subsection (e) of this section, dismiss the case; or
[(2)] (II) [Find] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, FIND
that the child is in need of assistance and:
[(i)] 1. Not change the child's custody status; or
[(ii)] 2. Commit the child to the custody of:
[1.] A. A parent, relative, or other individual on terms the
court considers appropriate; or
[2.] B. A local department, the Department of Health and
Mental Hygiene, or both, on terms that the court considers appropriate, including
designation of the type of facility where the child is to be placed.
(2) UNLESS GOOD CAUSE IS SHOWN, A COURT SHALL GIVE PRIORITY TO
THE CHILD'S RELATIVES OVER NONRELATIVES WHEN COMMITTING THE CHILD TO
THE CUSTODY OF SOMEONE AN INDIVIDUAL OTHER THAN A PARENT.
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- 1878 -
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