Ch. 250                                    2003 LAWS OF MARYLAND

2. TO PROVIDE SERVICES TO THE CHILD IN THE LEAST
RESTRICTIVE ENVIRONMENT BASED ON THE CHILD'S INDIVIDUAL TREATMENT PLAN.

(h) The court may not commit a child for inpatient care and treatment in a
psychiatric facility unless the court finds on the record based on 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 the child or others;

(3)     The child is unable or unwilling to be voluntarily admitted to ouch
facility; and

(4)     There is no less restrictive form of intervention available that is
consistent with the child's condition and welfare.

(i) The court may not commit a child for inpatient care and treatment in a
facility for the developmentally disabled unless the court finds on the record based on
clear and convincing evidence that:

(1) The child is developmentally disabled;

(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 that
is consistent with the child's welfare and safety.

(j) (1) (i) Each commitment order issued under subsection (h) or (i) of this
section shall require the custodian to file progress reports with the court at intervals
no greater than every 6 months during the life of the order.

(ii) The custodian shall provide each party or attorney of record
with a copy of each report, which shall be considered at the next scheduled hearing.

(iii) After the first 6 months of the commitment and at 6-month
intervals thereafter, on the request of any party, the custodian, or the facility, the
court shall hold a hearing to determine whether the standards specified in subsection
(h) or (i) of this section continue to be met.

(2) (i) If an individualized treatment plan developed under § 10-706 of
the Health—General Article recommends that a child no longer meets the standards
specified in subsection (h) of this section, the court shall grant a hearing to review the
commitment order.

(ii) The court may grant a hearing at any other time to determine
whether the standards specified in subsection (h) of this section continue to be met.

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