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PARRIS N. GLENDENING, Governor
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S.B. 592
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(2) Before a child is found to have committed the violation charged in a
citation, the allegations in the citation must be proved beyond a reasonable doubt.
[(c)] (D) If an adult is charged under this subtitle, the allegations must be
proved beyond a reasonable doubt.
[(d)] (E) In all other cases the allegations must be proved by a preponderance
of the evidence.
3-820.
(A) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A PEACE ORDER
REQUEST OR PEACE ORDER PROCEEDING.
[(a)] (B) (1) After an adjudicatory hearing the court shall hold a separate
disposition hearing, unless the petition or citation is dismissed or unless such hearing
is waived in writing by all of the parties.
(2) Except as provided in paragraph (3) of this subsection, the disposition
hearing may be held on the same day as the adjudicatory hearing, if notice of the
disposition hearing, as prescribed by the Maryland Rules, is waived on the record by
all of the parties.
(3) In a child in need of assistance proceeding, the disposition hearing
shall be held on the same day as the adjudicatory hearing unless:
(i) The court or a party moves that the disposition hearing be
delayed; and
(ii) The court finds that there is good cause to delay the disposition
hearing to a subsequent day.
[(b)] (C) The priorities in making a disposition are consistent with the
purposes specified in § 3-802 of this subtitle.
[(c)] (D) (1) In making a disposition on a petition, the court may:
(i) Place the child on probation or under supervision in his own
home or in the custody or under the guardianship of a relative or other fit person,
upon terms the court deems appropriate;
(ii) Subject to the provisions of paragraph (2) of this subsection,
commit the child to the custody or under the guardianship of the Department of
Juvenile Justice, a local department of social services, the Department of Health and
Mental Hygiene, or a public or licensed private agency on terms that the court
considers appropriate to meet the priorities set forth in § 3-802 of this subtitle,
including designation of the type of facility where the child is to be accommodated,
until custody or guardianship is terminated with approval of the court or as required
under § 3-825 of this subtitle; or
(iii) Order the child, parents, guardian, or custodian of the child to
participate in rehabilitative services that are in the best interest of the child and the
family.
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- 3975 -
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