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PARRIS N. GLENDENING, Governor
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Ch. 406
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(III) THERE IS NO PARENT, GUARDIAN, OR CUSTODIAN OR OTHER
PERSON ABLE TO PROVIDE SUPERVISION AND CARE FOR THE CHILD AND RETURN
THE CHILD TO THE COURT WHEN REQUIRED; and
(2) (i) 1. Continuation of the child in the child's home is contrary to
the welfare of the child; and
2. Removal of the child from the child's home is reasonable
under the circumstances due to an alleged emergency situation and in order to
provide for the safety of the child; or
(ii) 1. Reasonable but unsuccessful efforts have been made to
prevent or eliminate the need for removal from the child's home; and
2. As appropriate, reasonable efforts are being made to
return the child to the child's home.
(d) (1) If the child is not released, the intake officer or the official who
authorized detention, COMMUNITY DETENTION, or shelter care under this section
shall immediately file a petition to authorize continued detention, COMMUNITY
DETENTION, or shelter care.
(2) A hearing on the petition shall be held not later than the next court
day, unless extended by the court upon good cause shown.
(3) Reasonable notice, oral or written, stating the time, place, and
purpose of the hearing, shall be given to the child and, if they can be found, the child's
parents, guardian, or custodian.
(4) Except as provided in paragraph (5) of this subsection, shelter care
may not be ordered for a period of more than 30 days unless an adjudicatory or waiver
hearing is held.
(5) For a child in need of supervision or a delinquent child, shelter care
may be extended for an additional period of not more than 30 days if the court finds
after a hearing held as part of the adjudication that continued shelter care is
consistent with the circumstances stated in subsections (b) and (c) of this section.
(6) (i) An adjudicatory or waiver hearing shall be held no later than 30
days after the date a petition for detention OR COMMUNITY DETENTION is granted.
(ii) If a child is detained OR PLACED IN COMMUNITY DETENTION
after an adjudicatory hearing, a disposition hearing shall be held no later than 14
days after the adjudicatory hearing.
(iii) Detention OR COMMUNITY DETENTION time may be extended
in increments of not more than 14 days where the petition charges the child with a
delinquent act and where the court finds, after a subsequent hearing, that extended
detention OR COMMUNITY DETENTION is necessary either:
1. For the protection of the child; or
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2. For the protection of the community.
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- 3117 -
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