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Ch. 504
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2005 LAWS OF MARYLAND
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(C) (1) IN ALL JUDICIAL PROCEEDINGS CONDUCTED IN ACCORDANCE WITH
THIS SUBTITLE OR § 5-319 OF THE FAMILY LAW ARTICLE, THE COURT MAY DIRECT
THE LOCAL DEPARTMENT TO PROVIDE SERVICES TO A CHILD, THE CHILD'S FAMILY,
OR THE CHILD'S CAREGIVER TO THE EXTENT THAT THE LOCAL DEPARTMENT IS
AUTHORIZED UNDER STATE LAW.
(2) THE COURT SHALL EXERCISE THE AUTHORITY DESCRIBED IN
PARAGRAPH (1) OF THIS SUBSECTION TO PROTECT AND ADVANCE A CHILD'S BEST
INTERESTS.
3-815.
(a) In accordance with regulations adopted by the Department of Human
Resources, a local department may authorize shelter care for a child who may be in
need of assistance and has been taken into custody under this subtitle.
(b) A local department may place a child in emergency shelter care before a
hearing if:
(1) Placement is required to protect the child from serious immediate
danger;
(2) There is no parent, guardian, custodian, or other person able to
provide supervision; and
(3) (i) 1. The child's continued placement in the child's home is
contrary to the welfare of the child; and
2. Because of an alleged emergency situation, removal from
the home is reasonable under the circumstances to provide for the safety of the child;
or
(ii) 1. Reasonable [but unsuccessful] efforts have been made [to
prevent or eliminate] BUT HAVE BEEN UNSUCCESSFUL IN PREVENTING OR
ELIMINATING 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) A court may continue shelter care beyond emergency shelter care only if
the court finds that:
(1) Return of the child to the child's home is contrary to the safety and
welfare of the child; and
(2) (i) Removal of the child from the child's home is necessary due to
an alleged emergency situation and in order to provide for the safety of the child; or
(ii) Reasonable [but unsuccessful] efforts were made [to prevent or
eliminate] BUT WERE UNSUCCESSFUL IN PREVENTING OR ELIMINATING the need for
removal of the child from the home.
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- 2946 -
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