Last date edited 01/28/2008

Emancipation and "Children in Need of Assistance" (CINA)

Children (under age 18) are deemed to be "in the need of assistance" if there is apparent abuse (physical, sexual, emotional) or neglect by a caretaker.

Child Protective Services may interview and, after investigation, may remove the child from the home. By statute, children are entitled to representation . Maryland pays for legal representation for the child through the "CINA" Program. The Maryland Department of Human Resources administers the CINA Legal Services Program through a series of contractors including the Legal Aid Bureau which covers 11 counties and Baltimore City.

The juvenile court usually becomes involved at a "shelter care" hearing. A judge or master decides if the child should remain at home. This is followed by an adjudication hearing to decide if the concerns raised by Child Protective Services are true. Finally, the court will look at whether the child needs the court's assistance. The last two steps are usually taken on the same day.

If the court finds that the child is in need of assistance (CINA), the court can:

  • return the minor to the home and issue an order with certain conditions, or
  • place the minor in foster care, or
  • award custody and guardianship to someone else.

If the child is placed out of the home for more than a year, the court must conduct a hearing to determine a permanent plan. At that hearing, the court can order the child to be:

  • returned to the parent or guardian, or
  • placed for adoption, or
  • emancipated.

Emancipation - Advocates report that Child Protective Services rarely requests emancipation. It is even more rare that the court grants emancipation in a CINA case.

Source: Maryland State Law Library and the Legal Aid Bureau Legal Hotline / Telephone Intake Unit

Last date of legal review 01/28/08 (PLL/M.A.J.)

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