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2005 LAWS OF MARYLAND
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Ch. 464
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(III) AFTER DESIGNATION OF A GUARDIAN UNDER THIS
PARAGRAPH, A JUVENILE COURT MAY ORDER ANY FURTHER REVIEW THAT THE
JUVENILE COURT FINDS TO BE IN THE CHILD'S BEST INTERESTS.
(B) EMERGENCY REVIEW HEARING.
(1) WHENEVER A JUVENILE COURT ORDERS A SPECIFIC PLACEMENT
FOR A CHILD, A LOCAL DEPARTMENT MAY REMOVE THE CHILD FROM THE
PLACEMENT BEFORE A HEARING ONLY IF:
(I) REMOVAL IS NEEDED TO PROTECT THE CHILD FROM SERIOUS
IMMEDIATE DANGER;
(II) CONTINUATION OF THE PLACEMENT IS CONTRARY TO THE
CHILD'S BEST INTERESTS; OR
(III) THE CHILD'S CAREGIVER ASKS FOR THE CHILD'S IMMEDIATE
REMOVAL.
(2) (I) ON THE NEXT DAY ON WHICH THE CIRCUIT COURT SITS AFTER
A LOCAL DEPARTMENT CHANGES A PLACEMENT UNDER THIS SUBSECTION, THE
JUVENILE COURT SHALL HOLD AN EMERGENCY REVIEW HEARING ON THE CHANGE.
(II) A JUVENILE COURT SHALL GIVE REASONABLE NOTICE OF AN
EMERGENCY REVIEW HEARING TO:
1. THE CHILD'S ATTORNEY;
2. EACH OF THE CHILD'S LIVING PARENTS WHO HAS NOT
WAIVED THE RIGHT TO NOTICE AND THAT PARENT'S ATTORNEY; AND
3. EACH OTHER PARTY'S ATTORNEY.
(III) AT AN EMERGENCY REVIEW HEARING, THE STANDARD OF
REVIEW AS TO A CHANGE SHALL BE THE STANDARD FOR CONTINUED SHELTER CARE
IN A HEARING UNDER § 3-815 OF THE COURTS ARTICLE.
(IV) UNLESS ALL OF THE PARTIES AGREE TO A JUVENILE COURT'S
ORDER ENTERED AT AN EMERGENCY REVIEW HEARING, THE JUVENILE COURT
SHALL HOLD A FULL REVIEW HEARING ON THE CHANGE WITHIN 30 DAYS AFTER THE
DATE OF REMOVAL OR, IF AGREED TO BY THE PARTIES, A LATER DATE.
COMMITTEE NOTE: Subsection (a)(1), (2), and (8)(viii) of this section is
derived from former FL § 5-319(a), (b), and (d) through (f) and revised to
require review hearings at set intervals, rather than only on notice of a
disrupted placement.
Subsection (a)(3)(i) of this section is substituted for former FL § 5-319(c),
which imposed the notice requirement on a petitioner.
Subsection (a)(3)(ii) and (iii) and (4) of this section is new and added to
define the rights and status of parents and caretakers caregivers.
Although subsection (a)(3)(iii) of this section states that a parent is not a
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