Title 33, Title 33: Human Services

§ 5262. Conditions of probation (a) The conditions of probation shall be such as the court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent wit…

§ 5263. Juvenile probation certificate (a) When a juvenile is placed on probation, the court shall issue a written juvenile probation certificate setting forth: (1) the name of the juvenile; (2) the nature of the delinquent act committed by the juvenile; (3) the date and place of…

§ 5264. Modification of conditions (a) During the period of probation, the court, on application of a juvenile probation officer, the State’s Attorney, the juvenile, or on its own motion, may modify the requirements imposed upon the juvenile or add further requirements authorized…

§ 5265. Violation of conditions of probation (a) If the juvenile fails to comply with conditions of probation, the State’s Attorney, a juvenile probation officer, or the court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation …

§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer At any time before the discharge of a juvenile probationer or the termination of the period of probation: (1) The court may summon the juvenile to appear before it or may issue an order for the juveni…

§ 5267. Previolation hearing (a) Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court busi…

§ 5268. Notice; violation hearing (a) The court shall not find a juvenile in violation of the juvenile’s probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the heari…

§ 5269. Disposition alternatives upon violation of conditions of probation If a violation of conditions of probation is established, the court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of t…

§ 5270. Final judgment An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)

§ 5271. Discharge from probation (a) The court placing a juvenile on probation may terminate probation and discharge the juvenile at any time. (b) Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation. (Added 2007, No. 185 (A…

§ 5272. Juvenile Justice Unit; Juvenile Justice Director (a) A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director. (b) The Juvenile Justice Director shall have the responsibility and authorit…

§ 5280. Commencement of youthful offender proceedings in the Family Division (a) A proceeding under this chapter shall be commenced by: (1) the filing of a youthful offender petition by a State’s Attorney; or (2) transfer to the Family Court of a proceeding from the Criminal Divi…

§ 5281. Motion in Criminal Division of Superior Court (a) A motion may be filed in the Criminal Division of the Superior Court requesting that a defendant under 22 years of age in a criminal proceeding who had attained 12 years of age but not 22 years of age at the time the offen…

§ 5282. Report from the Department (a) Within 30 days after the youth has completed the risk and needs screening pursuant to section 5280 of this title, unless the court extends the period for good cause shown or the State’s Attorney refers the youth directly to court diversion p…

§ 5283. Hearing in Family Division (a) Timeline. Unless the State’s Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, a youthful offender consideration hearing shall be held not later than 60 days after the transfer of the case fr…

§ 5284. Youthful Offender Determination and Disposition Order (a)(1) In a hearing on a motion for youthful offender status, the court shall first consider whether public safety will be protected by treating the youth as a youthful offender. If the court finds that public safety w…

§ 5285. Modification or revocation of disposition (a) If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed …

§ 5286. Review prior to 18 years of age (a) If a youth is on probation as a youthful offender prior to reaching 18 years of age, the Family Division shall review the youth’s case before he or she reaches 18 years of age and set a hearing to determine whether the court’s jurisdict…

§ 5287. Termination or continuance of probation (a) A motion or stipulation may be filed at any time in the Family Division requesting that the court terminate the youth’s status as a youthful offender and discharge him or her from probation. The motion may be filed by the State’…

§ 5288. Rights of victims in youthful offender proceedings (a) The victim in a proceeding involving a youthful offender shall have the following rights: (1) To be notified by the prosecutor in a timely manner: (A) when a court proceeding is scheduled to take place and when a cour…

§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children (a) Prior to disposition, the court shall have the sole authority to place a child who is in the custody of the Department in a secure f…

§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents (a) A minor charged with a delinquent act shall not be detained under this chapter in a jail or other facility intended or used for the detention of adults unless the child is alleged to have co…

§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults (a) Pretrial detention. (1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has bee…

§ 5294. Interests of justice hearing Not later than the next business day after a juvenile who is awaiting trial or other legal process and who is treated as an adult for prosecution in the Criminal Division is taken into custody, the court shall hold a hearing and determine whet…

§ 5301. Taking into custody A child may be taken into custody: (1) pursuant to an order of the Family Division of the Superior Court under the provisions of this chapter; (2) by an officer when the officer has reasonable grounds to believe that the child is in immediate danger fr…

§ 5302. Request for emergency care order (a) If an officer takes a child into custody pursuant to section 5301 of this title, the officer shall immediately notify the child’s custodial parent, guardian, or custodian and release the child to the care of the child’s custodial paren…

§ 5303. Procedure for runaway children (a) If an officer takes a child into custody pursuant to subdivision 5301(3) of this title, the officer shall deliver the child to: (1) the child’s custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercis…

§ 5304. Designated shelters for runaway children The Commissioner shall designate shelters throughout the State where a child may be housed for a period not to exceed 21 days if he or she is: (1) taken into custody pursuant to subdivision 5301(3) of this title; or (2) referred by…

§ 5305. Emergency care order; conditional custody order (a) Transfer of temporary custody. If the court determines that the child’s continued residence in the home is contrary to the child’s welfare, the court may issue an emergency care order transferring temporary custody of th…

§ 5306. Notice of emergency care order and temporary care hearing (a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child. If delivery cannot be made in a…

§ 5307. Temporary care hearing (a) A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5305 of this title. State holidays shall be excluded from the computation of 72 hours. If the custodial …

§ 5308. Temporary care order (a) The court shall order that legal custody be returned to the child’s custodial parent, guardian, or custodian unless the court finds by a preponderance of the evidence that a return home would be contrary to the best interests of the child because …

§ 5309. Filing of a petition (a) The State’s Attorney having jurisdiction shall prepare and file a petition alleging that a child is in need of care or supervision upon the request of the Commissioner or, in the event the child is truant from school, upon the request of the super…

§ 5310. Petition; contents (a) The petition shall be supported by an affidavit of an officer or the Department. (b) The petition shall contain the following: (1) A concise statement of the facts that support the conclusion that the child is a child in need of care or supervision …

§ 5311. Service of summons and petition; no request for temporary care order (a) When the State’s Attorney files a petition but does not request a temporary care order, the court shall set a date for a preliminary hearing on the petition no later than 15 days from the date the pe…

§ 5312. Failure to appear at preliminary hearing (a) If a parent, guardian, or custodian has been served by certified mail with the petition and notice of hearing and fails to appear at the preliminary hearing, the court may order that the parent, guardian, or custodian be served…

§ 5313. Timelines for pretrial and merits hearing (a) Pretrial hearing. At the time of the temporary care hearing or at the preliminary hearing on the petition if there is no request for temporary legal custody, the court shall set a pretrial hearing on the petition. The hearing …

§ 5314. Filing of initial case plan (a) If a temporary care order is issued transferring legal custody of the child to the Commissioner, the Department shall prepare and file with the court an initial case plan for the child and the family within 60 days of removal of a child fro…

§ 5315. Merits adjudication (a) At a hearing on the merits of a petition, the State shall have the burden of establishing by a preponderance of the evidence that the child is in need of care and supervision. In its discretion, the court may make findings by clear and convincing e…

§ 5315a. Merits stipulation (a) At any time after the filing of the CHINS petition and prior to an order of adjudication on the merits, the court may approve a written stipulation to the merits of the petition and any or all elements of the disposition plan, including the permane…

§ 5316. Disposition case plan (a) Following a finding by the court that a child is in need of care or supervision, the Department shall file a disposition case plan ordered pursuant to subsection 5315(g) of this title not later than seven business days before the scheduled dispos…

§ 5317. Disposition hearing (a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is in need of care and supervision. (b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examin…

§ 5318. Disposition order (a) Custody. At disposition, the court shall make such orders related to legal custody for a child who has been found to be in need of care and supervision as the court determines are in the best interests of the child, including: (1) An order continuing…

§ 5319. Parent-child contact and contact with siblings and relatives (a) The court shall order parent-child contact unless the court finds that it is necessary to deny parent-child contact because the protection of the physical safety or emotional well-being of the child so requi…

§ 5320. Postdisposition review hearing The court shall hold a review hearing within 60 days of the date of the disposition order for the purpose of monitoring progress under the disposition case plan and reviewing parent-child contact. Notice of the review shall be provided to al…

§ 5320a. Duration of conditional custody orders postdisposition (a) Conditional custody orders to parents. Whenever the court issues a conditional custody order transferring custody to a parent either at or following disposition, the presumptive duration of the order shall be no …