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2005 LAWS OF MARYLAND
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Ch. 580
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(D) THE STATE SHALL BEAR THE BURDEN OF PROVING THE CHILD'S
COMPETENCY BEYOND A REASONABLE DOUBT.
3-8A-17.5.
AT A COMPETENCY HEARING, IF THE COURT DETERMINES THAT THE CHILD IS
COMPETENT, THE COURT SHALL ENTER AN ORDER STATING THAT THE CHILD IS
COMPETENT, LIFT THE STAY IMPOSED UNDER § 3-8A-17.1 OF THIS SUBTITLE, AND
PROCEED WITH THE DELINQUENCY PETITION OR VIOLATION OF PROBATION
PETITION IN ACCORDANCE WITH THE TIME PERIODS SPECIFIED IN THIS SUBTITLE
AND IN THE MARYLAND RULES.
3-8A-17.6.
AT A COMPETENCY HEARING, IF THE COURT DETERMINES THAT THE CHILD IS
UNABLE TO ATTAIN COMPETENCY IN THE FORESEEABLE FUTURE, THE COURT*
(1) MAY:
(I) (1) ORDER THAT PROCEEDINGS FOR INVOLUNTARY
ADMISSION UNDER TITLE 10, SUBTITLE 6, PART III OF THE HEALTH - GENERAL
ARTICLE BE INSTITUTED, IF APPROPRIATE; OR
(II) (2) DISMISS THE DELINQUENCY PETITION OR VIOLATION OF
PROBATION PETITION; AND
(2) UNLESS THE COURT FINDS THAT THE CHILD IS A DANGER TO THE
CHILD OR THE PERSON OR PROPERTY OF OTHERS, SHALL RELEASE THE CHILD FROM
ANY FACILITY.
3-8A-17.7.
(A) UNLESS THE CASE IS DISMISSED UNDER § 3-8A-17.6 OF THIS SUBTITLE, AT
A COMPETENCY HEARING, IF THE COURT DETERMINES THAT A CHILD IS
INCOMPETENT TO PROCEED IN THE FORESEEABLE FUTURE, THE COURT SHALL
RETAIN JURISDICTION OF THE CHILD FOR NOT MORE THAN 3 YEARS AFTER THE
DATE OF THE ORDER OF INCOMPETENCY IF THE CHILD IS ALLEGED TO HAVE
COMMITTED AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, AND
UP TO 1 YEAR AFTER THE DATE OF THE ORDER OF INCOMPETENCY IF THE CHILD IS
ALLEGED TO HAVE COMMITTED AN ACT THAT WOULD BE A MISDEMEANOR IF
COMMITTED BY AN ADULT OR IS ALLEGED TO HAVE VIOLATED PROBATION.
(B) AT THE END OF ANY PERIOD SPECIFIED IN SUBSECTION (A) OF THIS
SECTION, IF THE CHILD HAS NOT ATTAINED COMPETENCY, THE COURT:
(1) SHALL DISMISS THE DELINQUENCY PETITION OR THE VIOLATION OF
PROBATION PETITION; AND
(2) MAY ORDER THAT PROCEEDINGS FOR INVOLUNTARY ADMISSION
UNDER TITLE 10, SUBTITLE 6, PART III OF THE HEALTH - GENERAL ARTICLE BE
INSTITUTED, IF APPROPRIATE.
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- 3310 -
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