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Ch. 406
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2002 LAWS OF MARYLAND
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(e) (1) Detention OR COMMUNITY DETENTION may not be continued beyond
emergency detention OR COMMUNITY DETENTION unless, upon an order of court
after a hearing, the court has found that one or more of the circumstances stated in
subsection (b) of this section exist.
(2) A court order under this paragraph shall:
(I) [contain] CONTAIN a written determination of whether or not
the criteria contained in subsection (c)(1) and (2) of this section have been met; AND
(II) SPECIFY WHICH OF THE CIRCUMSTANCES STATED IN
SUBSECTION (B) OF THIS SECTION EXIST.
(3) (I) IF THE COURT HAS NOT SPECIFICALLY PROHIBITED
COMMUNITY DETENTION, THE DEPARTMENT OF JUVENILE JUSTICE MAY RELEASE
THE CHILD FROM DETENTION INTO COMMUNITY DETENTION AND PLACED THE
CHILD IN:
1. SHELTER CARE; OR
2. THE CUSTODY OF THE CHILD'S PARENT, GUARDIAN,
CUSTODIAN, OR OTHER PERSON ABLE TO PROVIDE SUPERVISION AND CARE FOR THE
CHILD AND TO RETURN THE CHILD TO COURT WHEN REQUIRED.
(II) IF A CHILD WHO HAS BEEN RELEASED BY THE DEPARTMENT OF
JUVENILE JUSTICE OR THE COURT INTO COMMUNITY DETENTION VIOLATES THE
CONDITIONS OF COMMUNITY DETENTION, AND IT IS NECESSARY TO PROTECT THE
CHILD OR OTHERS, AN INTAKE OFFICER MAY AUTHORIZE THE DETENTION OF THE
CHILD.
(III) THE DEPARTMENT OF JUVENILE JUSTICE SHALL PROMPTLY
NOTIFY THE COURT OF:
1. THE RELEASE OF A CHILD FROM DETENTION UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH; OR
2. THE RETURN TO DETENTION OF A CHILD UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(f) Shelter care may only be continued beyond emergency shelter care if the
court has found that:
(1) Continuation of the child in the child's home is contrary to the
welfare of the child; and
(2) (i) Removal of the child from the child's home is necessary due to
an alleged emergency situation and in order to provide for the safety of the child; or
(ii) Reasonable but unsuccessful efforts were made to prevent or
eliminate the need for removal of the child from the home.
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- 3118 -
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