2010

LAWS OF MARYLAND

Ch. 296

As to the duty of a local department if a child for
whom Aid to Families with Dependent Children is sought
or is being paid is suspectedly neglected, see Article
88A, § 48A of the Code.

Defined terms: "Local department" § 5-701
"Neglected child" § 5-701

5-706. JUDICIAL REMEDIES; SERVICES BY LOCAL DEPARTMENT.

(A)  COURT ORDER TO ENTER HOUSEHOLD AND REMOVE NEGLECTED
CHILD.

IF A REPRESENTATIVE OF ANY LOCAL DEPARTMENT IS CONDUCTING AN
INVESTIGATION UNDER THIS SUBTITLE AND HAS PROBABLE CAUSE TO
BELIEVE THAT A CHILD IS IN SERIOUS PHYSICAL DANGER OR THAT AN
EMERGENCY EXISTS, THE LOCAL DEPARTMENT SHALL SEEK A COURT ORDER
THAT PERMITS A REPRESENTATIVE OF THE LOCAL DEPARTMENT:

(1)  TO ENTER THE HOUSEHOLD TO DETERMINE THE CONDITION
OF THE CHILD; AND

(2)  TO REMOVE THE CHILD, IF CONDITIONS WARRANT.

(B)  ENTRY OF HOUSEHOLD; REMOVAL OF CHILD.

(1)  A POLICE OFFICER SHALL ACCOMPANY THE
REPRESENTATIVE IN CARRYING OUT THE ORDER AND MAY USE REASONABLE
FORCE TO ENABLE THE REPRESENTATIVE TO GAIN ENTRY.

(2)  THE REPRESENTATIVE AND THE POLICE OFFICER MAY
REMOVE THE CHILD IF THEY AGREE THAT:

(I)  THE CHILD IS IN SERIOUS PHYSICAL DANGER; OR

(II)  AN EMERGENCY EXISTS.

(C)  REVIEW OF REMOVAL OF CHILD; REPORT OF FINDINGS.

(1)  IF THE REPRESENTATIVE AND THE POLICE OFFICER
REMOVE THE CHILD, THE COURT SHALL CONDUCT A REVIEW OF THE ACTION
TAKEN ON THE NEXT COURT DAY, UNLESS THE COURT POSTPONES THE
REVIEW FOR GOOD CAUSE SHOWN.

(2)  IF THE REPRESENTATIVE AND THE POLICE OFFICER DO
NOT REMOVE THE CHILD, THE REPRESENTATIVE AND THE POLICE OFFICER
SHALL REPORT THEIR FINDINGS TO THE COURT AND, IF THE COURT ORDERS
THE REMOVAL OF THE CHILD, THE CHILD SHALL BE REMOVED.

(D)  LOCAL DEPARTMENT TO PROVIDE SERVICES.

(1) BASED ON THE FINDINGS AND TREATMENT PLAN OF THE
LOCAL DEPARTMENT, THE LOCAL DEPARTMENT SHALL ASSURE THAT SERVICES
ARE PROVIDED THAT ARE IN THE BEST INTERESTS OF THE CHILD.