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PARRIS N. GLENDENING, Governor Ch. 406
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(3) (i) If the court continues shelter care on the basis of an alleged
emergency, the court shall assess whether the absence of efforts to prevent removal
was reasonable.
(ii) If the court finds that the absence of efforts to prevent removal
was not reasonable, the court shall make a written determination so stating.
(4) The court shall make a determination as to whether reasonable
efforts are being made to make it possible to return the child to the child's home or
whether the absence of such efforts is reasonable.
(g) A child alleged to be delinquent may not be detained in a jail or other
facility for the detention of adults.
(h) (1) A child alleged to be in need of supervision may not be placed in:
(i) Detention OR COMMUNITY DETENTION;
(ii) A State mental health facility; or
(iii) A shelter care facility that is not operating in compliance with
applicable State licensing laws.
(2) Subject to paragraph (1)(iii) of this subsection, a child alleged to be in
need of supervision may be placed in shelter care facilities maintained or approved by
the Social Services Administration or the Department of Juvenile Justice or in a
private home or shelter care facility approved by the court.
(3) The Secretary of Human Resources and the Secretary of Juvenile
Justice together, when appropriate, with the Secretary of Health and Mental Hygiene
shall jointly adopt regulations to ensure that any child placed in shelter care
pursuant to a petition filed under subsection (d) of this section be provided
appropriate services, including:
(i) Health care services;
(ii) Counseling services;
(iii) Education services;
(iv) Social work services; and
(v) Drug and alcohol abuse assessment or treatment services.
(4) In addition to any other provision, the regulations shall require:
(i) The Department of Juvenile Justice to develop a plan within 45
days of placement of a child in a shelter care facility to assess the child's treatment
needs; and
(ii) The plan to be submitted to all parties to the petition and their
counsel.
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- 3119 -
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