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2005 LAWS OF MARYLAND
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Ch. 497
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Article - Courts and Judicial Proceedings
3-8A-15.
(a) Only the court or an intake officer may authorize detention, community
detention, or shelter care for a child who may be in need of supervision or delinquent.
(b) If a child is taken into custody under this subtitle, the child may be placed
in detention or community detention prior to a hearing if:
(1) Such action is required to protect the child or others; or
(2) The child is likely to leave the jurisdiction of the court.
(c) A child taken into custody under this subtitle may be placed in emergency
shelter care or community detention prior to a hearing if:
(1) (i) Such action is required to protect the child or person and
property of others;
(ii) The child is likely to leave the jurisdiction of the court; or
(iii) There is no parent, guardian, or custodian or other person able
to provide supervision and care for the child and return the child to the court when
required; and
(2) (i) 1. Continuation of the child in the child's home is contrary to
the welfare of the child; and
2. Removal of the child from the child's home is reasonable
under the circumstances due to an alleged emergency situation and in order to
provide for the safety of the child; or
(ii) 1. Reasonable but unsuccessful efforts have been made to
prevent or eliminate the need for removal from the child's home; and
2. As appropriate, reasonable efforts are being made to
return the child to the child's home.
(d) (1) If the child is not released, the intake officer or the official who
authorized detention, community detention, or shelter care under this section shall
immediately file a petition to authorize continued detention, community detention, or
shelter care.
(2) A hearing on the petition shall be held not later than the next court
day, unless extended FOR NO MORE THAN 7 3 5 DAYS by the court upon good cause
shown.
(3) Reasonable notice, oral or written, stating the time, place, and
purpose of the hearing, shall be given to the child and, if they can be found, the child's
parents, guardian, or custodian.
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- 2902 -
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