CHILD IN NEED OF ASSISTANCE (CINA)

• The juvenile court has exclusive original jurisdiction over any child alleged to be a child in need of assistance (CINA). C&J §3-803(a)(1).
• The juvenile court also has exclusive original jurisdiction over 1) proceedings to terminate parental rights after a CINA proceeding, and 2) guardianship review and adoption proceedings after a TPR proceeding. C & J §3-803(a)(4),(5),(6)
• The court has jurisdiction if the individual is under 18 at the time a CINA petition is filed. C&J §3-804(a)
• The Uniform Child Custody Jurisdiction Act (UCCJA) governs interstate custody cases, including CINA proceedings. See F.L. §§9-201(d)(2), 9-202, 9-204.
• SB 57 Child Welfare – Permanency Planning and Interstate Placement of Foster Children effective 10/1/08 altered the factors a juvenile court is required to consider in making specified findings in permanency planning and review hearings; increased, from 7 to 10, the number of days’ notice a local department of social services is required to give specified persons before permanency planning and review hearings; requireing the court to consult with the child on the record in an age appropriate manner at least every 12 months at a permanency planning or review hearing.

• Jurisdiction continues over a child adjudicated CINA until age 21, unless terminated sooner by the court. C&J §3-804(b). In re Johanna F., 284 Md. 643, 399 A.2d 245 (1979).
• Jurisdiction continues over a child adjudicated CINA until age 21, unless terminated sooner by the court. C&J §3-804(b). In re Johanna F., 284 Md. 643, 399 A.2d 245 (1979).
• Jurisdiction continues after TPR unless terminated by the court. In re Arlene G., 301 Md. 355, 483 A.2d 39 (1984).
• The juvenile court retains the power to act during the pendency of an appeal; however, the court may not terminate its jurisdiction, thereby mooting the appeal, if doing so would thwart the appellant’s right of appeal. In re Emileigh F., 355 Md. 198, 733 A.2d 1103 (1999).

Venue - a CINA petition must be filed in the county where either:

1. the child is residing when the petition is filed or
2. the act on which the petition is based allegedly occurred. C&J § 3-805

Last date legal review  9/15/08 (PLL/M.A.J.)  (Contributions to current edition by Nena Villamar, Office of the Public Defender and Rhonda Lipkin, Legal Aid Bureau, Inc.)