Md. R. Juv. Causes 11-406
Only the court or an intake officer may authorize detention, community detention, or shelter care for a child alleged to be a delinquent child.
A child alleged to be a delinquent child may not be detained in a jail or other facility for the detention of adults.
Cross reference: See Code, Courts Article, § 3-8A-15(a) and (g).
A child taken into custody may be placed in emergency detention prior to a hearing under the conditions set forth in Code, Courts Article, § 3-8A-15(b).
A child taken into custody may be placed in emergency shelter care prior to a hearing under the conditions set forth in Code, Courts Article, § 3-8A-15(c).
A child may be placed in emergency community detention prior to a hearing under the conditions set forth in Code, Courts Article, § 3-8A-15(b) or (c).
Only a judge or a magistrate may order continued detention, community detention, or shelter care.
Continued detention, community detention, and shelter care may be ordered subject to the conditions and limitations set forth in Code, Courts Article, § 3-8A-15(d) through (f).
Unless a child placed in emergency detention, community detention, or shelter care has been released, an intake officer, on or before the next day after the placement, shall file a petition to authorize continued detention, community detention, or shelter care.
A petition to authorize continued detention, community detention, or shelter care shall state
If continued detention is sought, the petitioner shall:
Cross reference: See Code, Courts Article, § 3-8A-15(e) concerning the grounds for continued detention or community detention and Code, Courts Article, § 3-8A-15(f) concerning the grounds for continued shelter care.
The petitioner shall give reasonable notice, oral or written, of the time, place, and purpose of the hearing to the child and to the child's parent, guardian, or custodian, if that person can be found.
Detention or community detention may not be continued unless, in an order entered at or after a hearing, the court finds that (i) there was probable cause for the detention or community detention and (ii) there are reasonable grounds to find either (a) that continued detention or community detention is required to protect the child or others or (b) that the child is likely to leave the jurisdiction of the court. For a child in detention, the court also shall make a finding that the detention is permitted by Code, Courts Article, §§ 3-8A-15(b)(3) and 3-8A-19.7.
If the time requirements of Code, Courts Article, § 3-8A-15(d)(6)(i) are not met, the court shall release the child from detention or community detention on such terms and conditions as the court deems appropriate for the protection of the child and the safety of the community.
Shelter care may not be continued unless, in an order entered at or after a hearing, the court makes the findings set forth in Code, Courts Article, § 3-8A-15(f).
Within 10 days after a court orders detention of a child, the Department of Juvenile Services shall submit a plan to the court for releasing the child into the community.
Cross reference: See Code, Courts Article, § 3-8A-15(1).
Within 14 days after the court orders detention of a child, and every 14 days thereafter, the Department of Juvenile Services shall appear at a hearing before the court with the child to explain the reasons for continued detention.
Cross reference: See Code, Courts Article, § 3-8A-15(k).
If a hearing under this Rule was conducted by a magistrate, a party may request immediate review of an order orally at the hearing or in writing.
Not later than the next day following a request for immediate review, a judge of the court shall review the file, any exhibits, and the magistrate's findings and order and shall afford the parties an opportunity for a hearing on the record or de novo review.
Md. R. Juv. Causes 11-406
This Rule is derived in part from former Rule 11-112(2021) and is in part new.
See Code, Courts Article, § 3-8A-04 and § 3-807(d).