|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 406
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
UNDER § 9-404 OF THE CRIMINAL LAW ARTICLE, the petition, if any, shall be filed and
the adjudicatory hearing held in the county where the alleged escape or attempted
escape occurred unless the court in the county of the child's domicile requests a
transfer. For purposes of the disposition hearing, proceedings may be transferred as
provided in § 3-8A-09 of this subtitle to the court exercising jurisdiction over the
child at the time of the alleged act.
3-8A-09.
(a) (1) If a petition, peace order request, or citation is filed under this
subtitle in a county other than the county where the child is living or domiciled, the
court on its own motion or on motion of a party, may transfer the proceedings to the
county, of residence or domicile at any time prior to final termination of jurisdiction,
except that the proceedings may not be transferred until after an adjudicatory
hearing if the allegation is escape or attempted escape [from a training school or
similar facility operated by the Department of Juvenile Justice] UNDER § 9-404 OF
THE CRIMINAL LAW ARTICLE:
(2) In its discretion, the court to which the case is transferred may take
further action.
3-8A-15.
(a) Only the court or an intake officer may authorize detention, COMMUNITY
DETENTION, or shelter care for a child who may be in need of supervision or
delinquent.
(b) If a child is taken into custody under this subtitle, the child may be placed
in detention OR COMMUNITY DETENTION prior to a hearing if:
(1) Such action is required to protect the child or [person and property
of] others; OR
(2) The child is likely to leave the jurisdiction of the court[; or
(3) There are no parents, guardian, or custodian or other person able to
provide supervision and care for the child and return the child to the court when
required].
(c) A child taken into custody under this subtitle may be placed in emergency
shelter care OR COMMUNITY DETENTION prior to a hearing if:
(1) [One or more of the circumstances stated in subsection (b) of this
section exist;]
(I) SUCH ACTION IS REQUIRED TO PROTECT THE CHILD OR
PERSON AND PROPERTY OF OTHERS;
(II) THE CHILD IS LIKELY TO LEAVE THE JURISDICTION OF THE
COURT; OR
|
|
|
|
|
|
|
|
|
|
- 3116 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
