PARRIS N. GLENDENING, Governor

Ch. 637

(f)      Shelter care may only be continued beyond emergency shelter care if the court
has found that:

(1)     Continuation of the child in the child's home is contrary to the 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 the need for removal of the child from the home.

(3)     (i) If the court continues shelter care on the basis of an alleged
emergency, the court shall assess whether the absence of efforts to prevent removal was
reasonable.

(ii) If the court finds that the absence of efforts to prevent removal
was not reasonable, the court shall make a written determination so stating.

(4)     The court shall make a determination as to whether reasonable efforts
are being made to make it possible to return the child to the child's home or whether the
absence of such efforts is reasonable.

(g)     A child alleged to be delinquent may not be detained in a jail or other facility
for the detention of adults.

(h) (1) (i) A child alleged to be in need of supervision or in need of assistance
may not be placed in detention and may not be placed in a State mental health facility.

(ii) If the child is alleged to be in need of assistance by reason of a
mental handicap, the child may be placed in shelter care facilities maintained or licensed
by the Department of Health and Mental Hygiene or if these facilities are not available,
then in a private home or shelter care facility approved by the court.

(iii) If the child is alleged to be in need of assistance for any other
reason, or in need of supervision, he may be placed in shelter care facilities maintained or
approved by the Social Services Administration, or the Department of Juvenile Services,
or in a private home or shelter care facility approved by the court.

(2)     A child alleged to be in need of supervision or in need of assistance may
not be placed in a shelter care facility that is not operating in compliance with applicable
State licensing laws.

(3)     The Secretary of Human Resources and the Secretary of the
Department of Juvenile Services together, when appropriate, with the Secretary of Health
and Mental Hygiene shall jointly adopt regulations to ensure that any child placed in
shelter care pursuant to a petition filed under subsection (d) of this section be provided
appropriate services, including:

(i) Health care services;

(ii) Counseling services;

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