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S.B. 592
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VETOES
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[(e)] (F) A guardian appointed under this section has no control over the
property of the child unless he receives that express authority from the court.
[(f)] (G) The court may impose reasonable court costs against a respondent, or
the respondent's parent, guardian, or custodian, against whom a finding of
delinquency has been entered under the provisions of this section.
[(g)] (H) A child may be placed in an emergency facility on an emergency basis
under Title 10, Subtitle 6, Part IV of the Health - General Article.
[(h)] (I) 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
hospital unless the court finds on the record based upon clear and convincing
evidence that:
(1) The child has a mental disorder;
(2) The child needs inpatient medical care or treatment for the
protection of himself or others;
(3) The child is unable or unwilling to be voluntarily admitted to such
facility; and
(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
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- 3978 -
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