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2007 Laws of Maryland
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Ch.3
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RETURN TO THE STATE. IF THE JUDGE DETERMINES, EITHER WITH OR WITHOUT A
HEARING, THAT THE JUVENILE SHOULD BE RETURNED, THE JUDGE SHALL PRESENT
TO THE APPROPRIATE COURT OR TO THE EXECUTIVE AUTHORITY OF THE STATE
WHERE THE JUVENILE IS ALLEGED TO BE LOCATED A WRITTEN REQUISITION FOR
THE RETURN OF SUCH JUVENILE. SUCH REQUISITION SHALL SET FORTH THE NAME
AND AGE OF THE JUVENILE, THE DETERMINATION OF THE COURT THAT THE
JUVENILE HAS RUN AWAY WITHOUT THE CONSENT OF A PARENT, GUARDIAN,
PERSON, OR AGENCY ENTITLED TO LEGAL CUSTODY, AND THAT IT IS IN THE BEST
INTEREST AND FOR THE PROTECTION OF SUCH JUVENILE THAT THE JUVENILE BE
RETURNED. IN THE EVENT THAT A PROCEEDING FOR THE ADJUDICATION OF THE
JUVENILE AS A DELINQUENT, NEGLECTED, OR DEPENDENT JUVENILE IS PENDING
IN THE COURT AT THE TIME WHEN SUCH JUVENILE RUNS AWAY, THE COURT MAY
ISSUE A REQUISITION FOR THE RETURN OF SUCH JUVENILE UPON ITS OWN MOTION,
REGARDLESS OF THE CONSENT OF THE PARENT, GUARDIAN, PERSON, OR AGENCY
ENTITLED TO LEGAL CUSTODY, RECITING THEREIN THE NATURE AND
CIRCUMSTANCES OF THE PENDING PROCEEDING. THE REQUISITION SHALL IN
EVERY CASE BE EXECUTED IN DUPLICATE AND SHALL BE SIGNED BY THE JUDGE.
ONE COPY OF THE REQUISITION SHALL BE FILED WITH THE COMPACT
ADMINISTRATOR OF THE DEMANDING STATE, THERE TO REMAIN ON FILE SUBJECT
TO THE PROVISIONS OF LAW GOVERNING RECORDS OF SUCH COURT. UPON THE
RECEIPT OF A REQUISITION DEMANDING THE RETURN OF A JUVENILE WHO HAS RUN
AWAY, THE COURT OR THE EXECUTIVE AUTHORITY TO WHOM THE REQUISITION IS
ADDRESSED SHALL ISSUE AN ORDER TO ANY PEACE OFFICER OR OTHER
APPROPRIATE PERSON DIRECTING THE PERSON TO TAKE INTO CUSTODY AND
DETAIN SUCH JUVENILE. SUCH DETENTION ORDER MUST SUBSTANTIALLY RECITE
THE FACTS NECESSARY TO THE VALIDITY OF ITS ISSUANCE HEREUNDER NO
JUVENILE DETAINED UPON SUCH ORDER SHALL BE DELIVERED OVER TO THE
OFFICER WHOM THE COURT DEMANDING THE JUVENILE SHALL HAVE APPOINTED
TO RECEIVE THE JUVENILE, UNLESS THE JUVENILE SHALL FIRST BE TAKEN
FORTHWITH BEFORE A JUDGE OF A COURT IN THE STATE, WHO SHALL INFORM THE
JUVENILE OF THE DEMAND MADE FOR THE JUVENILE'S RETURN AND WHO MAY
APPOINT COUNSEL OR GUARDIAN AD LITEM FOR THE JUVENILE. IF THE JUDGE OF
SUCH COURT SHALL FIND THAT THE REQUISITION IS IN ORDER, THE JUDGE SHALL
DELIVER SUCH JUVENILE OVER TO THE OFFICER WHOM THE COURT DEMANDING
THE JUVENILE SHALL HAVE APPOINTED TO RECEIVE THE JUVENILE. THE JUDGE,
HOWEVER, MAY FIX A REASONABLE TIME TO BE ALLOWED FOR THE PURPOSE OF
TESTING THE LEGALITY OF THE PROCEEDING.
UPON REASONABLE INFORMATION THAT A PERSON IS A JUVENILE WHO HAS
RUN AWAY FROM ANOTHER STATE PARTY TO THIS COMPACT WITHOUT THE
CONSENT OF A PARENT, GUARDIAN, PERSON, OR AGENCY ENTITLED TO LEGAL
CUSTODY, SUCH JUVENILE MAY BE TAKEN INTO CUSTODY WITHOUT A REQUISITION
AND BROUGHT FORTHWITH BEFORE A JUDGE OF THE APPROPRIATE COURT WHO
MAY APPOINT COUNSEL OR GUARDIAN AD LITEM FOR SUCH JUVENILE AND WHO
SHALL DETERMINE AFTER A HEARING WHETHER SUFFICIENT CAUSE EXISTS TO
HOLD THE PERSON, SUBJECT TO THE ORDER OF THE COURT, FOR THE PERSONS OWN
PROTECTION AND WELFARE, FOR SUCH A TIME NOT EXCEEDING 90 DAYS AS WILL
ENABLE THE RETURN OF THE PERSON TO ANOTHER STATE PARTY TO THIS COMPACT
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