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Session Laws, 2003
Volume 799, Page 2097   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 250

3-819.

(a)     (1) Unless a CINA petition under this subtitle is dismissed, the court
shall hold a separate CINA disposition hearing after an adjudicatory hearing to
determine whether the child is a CINA.

(2)     The CINA disposition hearing shall be held on the same day as the
adjudicatory hearing unless on its own motion or motion of a party, the court finds
that there is good cause to delay the disposition hearing to a later day.

(3)     If the court delays a CINA disposition hearing, it shall be held no later
than 30 days after the conclusion of the adjudicatory hearing unless good cause is
shown.

(b)     (1) In making a disposition on a CINA petition under this subtitle, the
court shall:

[(1)](I) Find that the child is not in need of assistance and, except as
provided in subsection (e) of this section, dismiss the case; or

[(2)](II) Find that the child is in need of assistance and:

[(i)] 1. Not change the child's custody status; or

[(ii)] 2. Commit the child to the custody of:

[1.] A. A parent, relative, or other individual on terms the
court considers appropriate; or

[2.] B. A local department, the Department of Health and
Mental Hygiene, or both, on terms that the court considers appropriate, including
designation of the type of facility where the child is to be placed.

(2) IF THE COURT FINDS THAT THE CHILD IS IN NEED OF ASSISTANCE
SOLELY BECAUSE OF THE CHILD'S NEEDS, CARE, OR TREATMENT AS A RESULT OF A
DEVELOPMENTAL DISABILITY OR A MENTAL DISORDER AND THE CHILD'S PARENTS,
GUARDIAN, OR CUSTODIAN ARE UNABLE TO PROVIDE THE CARE OR TREATMENT,
THE COURT:

(I) SHALL MAKE A FINDING AS TO WHETHER REASONABLE
EFFORTS WERE MADE TO MEET THE HEALTH AND SAFETY NEEDS OF THE CHILD
AND, WHERE POSSIBLE, TO PRE
SERVE THE FAMILY;

(II) SHALL JOIN THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE AS A PARTY;

(III) MAY NOT CHANCE THE CHILD'S CUSTODY STATUS; AND

(IV) MAY ORDER THE LOCAL DEPARTMENT AND THE DEPARTMENT
OF HEALTH AND MENTAL HYGIENE:

1. TO DEVELOP AN INDIVIDUAL TREATMENT PLAN FOR THE
CHILD, WITH INPUT FROM THE CHILD'S FAMILY, THAT SHALL BE SUBMITTED TO THE
COURT WITHIN 30 DAYS; AND

- 2097 -

 

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Session Laws, 2003
Volume 799, Page 2097   View pdf image
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