Ch. 637

1995 LAWS OF MARYLAND

(d)     (1) If the child is not released, the intake officer or the official who
authorized detention or shelter care shall immediately file a petition to authorize
continued detention or shelter care.

(2)     A hearing on the petition shall be held not later than the next court day,
unless extended 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.

(4)     (i) Detention [and shelter care] shall not be ordered for a period of
more than 30 days unless an adjudicatory or waiver hearing is held.

(ii) Detention time may be extended for not more than 30 days where
the petition charges the child with a delinquent act and where the court finds, after a
subsequent hearing, that extended detention is necessary either:

1.       For the protection of the child; or

2.       For the protection of the community.

(5) (I) SHELTER CARE MAY NOT BE ORDERED FOR A PERIOD OF
MORE THAN 30 DAYS, UNLESS THE COURT FINDS, AFTER A HEARING HELD WITHIN
30 DAYS AS PART OF THE ADJUDICATION OR FOR THE PURPOSE OF CONSIDERING
CONTINUED SHELTER CARE, THAT THE CONTINUED SHELTER CARE IS IN THE BEST
INTERESTS OF THE CHILD.

(II) IF THE COURT FINDS CONTINUED SHELTER CARE TO BE IN THE
BEST INTERESTS OF THE CHILD, THE COURT MAY CONTINUE SHELTER CARE AS
APPROPRIATE UNTIL THE CONCLUSION OF THE DISPOSITION HEARING.

(5)     FOR A CHILD IN NEED OF ASSISTANCE, SHELTER CARE MAY BE
EXTENDED FOR AN ADDITIONAL PERIOD OF NOT MORE THAN 30 DAYS IF THE
COURT FINDS AFTER A HEARING HELD AS PART OF THE ADJUDICATION THAT.
CONTINUED SHELTER CARE IS NECESSARY TO PROVIDE FOR THE SAFETY OF THE
CHILD.

(6) FOR A CHILD IN NEED OF SUPERVISION OR A DELINQUENT CHILD,
SHELTER CARE MAY BE EXTENDED FOR AN ADDITIONAL PERIOD OF NOT MORE THAN 30
DAYS IF THE COURT FINDS AFTER A HEARING HELD AS PART OF THE ADJUDICATION
THAT CONTINUED SHELTER CARE IS CONSISTENT WITH THE CIRCUMSTANCES STATED
IN SUBSECTIONS (B) AND (C) OF THIS SECTION.

(e)     (1) Detention may not be continued beyond emergency detention unless,
upon an order of court after a hearing, the court has found that one or more of the
circumstances stated in subsection (b) of this section exist.

(2) A court order under this paragraph shall contain a written
determination of whether or not the criteria contained in subsection (c)(1) and (2) of this
section have been met.

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