Ch. 8

1995 LAWS OF MARYLAND

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

(5)      (I) AN ADJUDICATORY OR WAIVER HEARING SHALL BE HELD NO
LATER THAN 23 30 DAYS AFTER THE DATE A PETITION FOR DETENTION IS GRANTED.

(II) IF A CHILD IS DETAINED AFTER AN ADJUDICATORY HEARING,
A DISPOSITION HEARING SHALL BE HELD NO LATER THAN 14 DAYS AFTER THE
ADJUDICATORY HEARING.

[(ii)](III) Detention time may be extended [for] IN INCREMENTS OF
not more than [30] 14 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.

(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.

(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.

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