Md. Code Regs. 16.16.01.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 16.16.01.03 - Court Services Provided by the Department of Juvenile Services

A. Social History Investigation.

(1) A social history investigation ordered by the court consists of a complete documentation concerning the child, the child's family, the child's environment, and other matters relevant to the disposition of the case.

(2) The case manager shall:

(a) Interview the child/family to gather information, including a check of the child's record in the appropriate Departmental database, and if information from other sources is required, obtain signed consent forms;

(b) Explain the following to the child and those family members participating:

(i) Purpose of investigation,

(ii) Legal basis for gathering information,

(iii) Confidentiality of the report,

(iv) Scope of information to be gathered,

(v) Who will receive and have access to the report,

(vi) Role of other staff who may be involved in completion of the report,

(vii) Interventions and treatment options available to the court;

(c) Prepare a social history and recommendations based on the interview record and any other available information;

(d) Secure approval signature for the social history investigation from the case manager supervisor;

(e) Submit social history investigation to the court at least 2 working days before disposition; and

(f) Complete the investigation section on the appropriate Departmental database.

B. Arraignment Hearing. An arraignment hearing is the court hearing at which the charges are read and explained to the child. At this time the child is also advised of the child's right to legal representation.

C. Waiver and Transfer Investigation Hearings and Reports.

(1) The purpose of waiver and transfer hearings is to determine whether the juvenile or criminal court will have jurisdiction in a given case.

(2) The reports are factual in nature and do not call for conclusions from the case manager.

(3) The case manager shall:

(a) Gather information, including a check of appropriate Departmental databases, to address the waiver and transfer criteria as provided for in Courts and Judicial Proceedings Article, § 3-8A-06, Annotated Code of Maryland, and Criminal Procedure Article, § 4-202, Annotated Code of Maryland, respectively, and consistent with the requirements of Courts and Judicial Proceedings, § 3-8A-17, Annotated Code of Maryland, in waiver cases, and Criminal Procedure Article, § 4-202(e), Annotated Code of Maryland, in transfer cases;

(b) Proceed as specified in §A(2)(d) and §A(2)(f) of this regulation;

(c) If the case is sent to the criminal system, terminate the case, or continue supervision in accordance with court requirements; and

(d) If the case is transferred to or remains in the juvenile system, deliver the case for assignment.

D. Disposition Hearing.

(1) A disposition hearing determines whether the child requires the court's assistance, guidance, treatment, or rehabilitation, and, if so, the nature of the assistance, guidance, treatment, or rehabilitation.

(2) If the child is to be supervised by the Department of Juvenile Services, personnel of that administration shall ensure that appropriate information is communicated for assignment purposes and, if possible, that the family is advised as to the next contact.

(3) The case manager shall complete the disposition section on the appropriate Departmental database.

Md. Code Regs. 16.16.01.03

Regulation .03 amended effective 48:6 Md. R. 239, eff. 3/22/2021