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PARRIS N. GLENDENING, Governor
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H.B. 970
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3-817.
(a) After a petition is filed under this subtitle, the court shall hold an
[adjudication] ADJUDICATORY hearing.
(b) The rules of evidence under Title 5 of the Maryland Rules shall apply at an
[adjudication] ADJUDICATORY hearing.
3-819.
(a) (1) Unless a petition under this subtitle is dismissed, the court shall hold
a separate disposition hearing after an [adjudication] ADJUDICATORY hearing to
determine whether the child is a CINA.
(2) The disposition hearing shall be held on the same day as the
[adjudication] ADJUDICATORY hearing unless on its own motion or motion of a party,
the court finds that there is good cause to delay the disposition hearing to a later day.
(3) If the court delays a disposition hearing, it shall be held no later than
30 days after the conclusion of the [adjudication] ADJUDICATORY hearing unless
good cause is shown.
(D) IF GUARDIANSHIP OF A CHILD IS AWARDED TO THE LOCAL DEPARTMENT
UNDER THIS SUBTITLE, THE LOCAL DEPARTMENT SHALL NOTIFY THE PARENTS OF
THE CHILD AND THEIR ATTORNEYS AS SOON AS PRACTICABLE OF ANY EMERGENCY
DECISION MADE BY THE GUARDIAN WITH RESPECT TO THE CHILD UNDER § 3-801(O)
OF THIS SUBTITLE.
[(d)] (E) If the allegations in the petition are sustained against only one
parent of a child, and there is another parent available who is able and willing to care
for the child, the court may not find that the child is a child in need of assistance, but,
before dismissing the [petition] CASE, the court may award custody to the other
parent.
3-820.
(d) (1) The court shall hold an emergency review PLACEMENT hearing on
the motion not later than the next day on which the circuit court sits or, in
Montgomery County, the next day on which the District Court [sits] IS IN SESSION.
(2) All parties shall be given reasonable notice of the hearing.
(e) At the emergency review PLACEMENT hearing, the court's decision to
reject or to ratify the local department's removal of the child shall be based upon such
evidence as would be sufficient under § 3-815(d) of this subtitle to order shelter care.
(f) (1) Unless all parties agree to the court's order at the emergency review
PLACEMENT hearing, the court, at that hearing, shall schedule a regular review
hearing within 30 days after the emergency review hearing for a full hearing on the
merits of the local department's action.
(2) At the full hearing on the merits, the rules of evidence under Title 5
of the Maryland Rules shall apply.
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- 5281 -
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