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PARRIS N. GLENDENING, Governor
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Ch. 404
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(4) There is no less restrictive form of intervention available which is
consistent with the child's condition and welfare.
[(i)] (J) The court may not commit a child to the custody of the Department of
Health and Mental Hygiene for inpatient care and treatment in a State mental
retardation facility unless the court finds on the record based upon clear and
convincing evidence that:
(1) The child is mentally retarded;
(2) The condition is of such a nature that for the adequate care or
protection of the child or others, the child needs in-residence care or treatment; and
(3) There is no less restrictive form of care and treatment available
which is consistent with the child's welfare and safety.
[(j)] (K) (1) Any commitment order issued under subsection [(h)] (I) or [(i)]
(J) of this section shall require the Department of Health and Mental Hygiene to file
progress reports with the court at intervals no greater than every 6 months during
the life of the order. The Department of Health and Mental Hygiene shall provide the
child's attorney of record with a copy of each report. The court shall review each
report promptly and consider whether the commitment order should be modified or
vacated. After the first 6 months of the commitment and at 6-month intervals
thereafter upon the request of any party, the Department or facility, the court shall
grant a hearing for the purpose of determining if the standard in subsection [(h)] (I)
or [(i)] (J) OF THIS SECTION continues to be met.
(2) At any time after the commitment of the child to a State mental
hospital if the individualized treatment plan developed under § 10-706 of the Health
- General Article recommends that a child no longer meets the standards in
subsection [(h)] (I) OF THIS SECTION, then the court shall grant a hearing to review
the commitment order. The court may grant a hearing at any other time for the
purpose of determining if the standard in subsection [(h)] (I) OF THIS SECTION
continues to be met.
(3) Any time after the commitment of the child to a State mental
retardation facility if the individualized plan of habilitation developed under § 7-1006
of the Health - General Article recommends that a child no longer meets the
standards in subsection [(i)] (J) OF THIS SECTION, then the court shall grant a
hearing to review the commitment order. The court may grant a hearing at any other
time for the purpose of determining if the standard in subsection [(i)] (J) OF THIS
SECTION continues to be met.
[(k)] (L) In a child in need of assistance case, if the disposition includes
removal of the child from the home, the court shall issue an order:
(1) Making specific findings of fact as to the circumstances that caused
the need for the removal; and
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- 2219 -
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