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Session Laws, 2004
Volume 801, Page 2619   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 551

(1)     A CRIMINAL CHARGES WERE CHARGE WAS FILED UNDER § 7-301 OF
THE EDUCATION ARTICLE AGAINST THE PERSON WHO HAS WITH LEGAL CUSTODY OR
CARE AND CONTROL OF THE CHILD AT THE TIME OF THE ALLEGED VIOLATION; AND

(2)      THE COURT DISMISSED THE CHARGES CHARGE IN ACCORDANCE
WITH § 7-301(E-1) OF THE EDUCATION ARTICLE.

3-8C-04. 3-8C-05.

(A)     A PETITION FILED UNDER THIS SUBTITLE SHALL ALLEGE THAT A CHILD
WHO IS REQUIRED TO ATTEND SCHOOL FAILED TO ATTEND SCHOOL WITHOUT
LAWFUL EXCUSE AND SHALL SET FORTH IN CLEAR AND SIMPLE LANGUAGE THE
FACTS SUPPORTING THE ALLEGATION.

(B)     (1) AFTER WHENEVER A PETITION IS FILED UNDER THIS SUBTITLE THE
COURT. SHALL HOLD AN ADJUDICATORY HEARING.

(2)     THE RULES OF EVIDENCE UNDER TITLE 5 OF THE MARYLAND RULES
SHALL APPLY AT AN ADJUDICATORY HEARING UNDER THIS SECTION.

(3)      THE ALLEGATIONS IN A PETITION FILED UNDER THIS SUBTITLE
SHALL BE PROVED BY A PREPONDERANCE OF THE EVIDENCE.

3-8C-05. 3-8C-06.

(A)     UNLESS A PETITION FILED UNDER THIS SUBTITLE IS DISMISSED, THE
COURT SHALL HOLD A SEPARATE DISPOSITION HEARING AFTER THE ADJUDICATORY
HEARING.

(B)     THE COURT SHALL HOLD A DISPOSITION HEARING SHALL BE HELD ON
THE SAME DAY AS THE 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.

(C)     IF THE COURT DELAYS A DISPOSITION HEARING, IT SHALL BE HELD NO
LATER THAN 15 DAYS AFTER THE CONCLUSION OF THE ADJUDICATORY HEARING
UNLESS GOOD CAUSE IS SHOWN.

(D)     (1) IN MAKING A DISPOSITION ON A PETITION FILED UNDER THIS
SUBTITLE, THE COURT MAY TAKE SUCH ACTION AS WILL PROMOTE THE CHILD'S
ATTENDANCE IN
SCHOOL.

(2) THE COURT MAY ORDER:

(I) THE CHILD TO:

(1) ATTEND SCHOOL;

1. (2) PERFORM COMMUNITY SERVICE;

2. (3) ATTEND COUNSELING, INCLUDING FAMILY
COUNSELING;

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Session Laws, 2004
Volume 801, Page 2619   View pdf image
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