Purpose: The purpose of the disposition hearing is to determine whether a child needs or requires the court’s assistance and the nature of that assistance. C&J §3-801(m).

Disposition hearing timing - The disposition hearing shall be held on the same day as the adjudicatory hearing unless on its own motion or a motion of a party, the court finds that there is good cause to delay the disposition hearing to a later day. C&J §3-819(a)(2) (effective October 1, 2003). It must be held no later than 30 days after the end of the adjudicatory hearing unless good cause is found. C & J § 3-819(a)(3); Rule 11-115a.

Rules of evidence - The court may decline to require strict application of the rules of evidence, other than the rules concerning competency of witnesses. Rule 5-101(c).

CINA defined: A child who requires court intervention because

(1) the child has been abused, has been neglected, has a developmental disability, or has a mental disorder and

(2) the child’s parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child’s needs. C&J § 3-801(f).

• Requirement that both parents be incapable - Both parents must be unable or unwilling to give proper care and attention to the child and the child’s problems. In re Russell G., 108 Md. App. 366, 376 (1996).
• Drug use and resumption of CINA where child is under 1 year -Within a year of the child’s birth, there is a presumption that child is not receiving ordinary care and proper care and attention from the mother if:

(1) the child was born exposed to cocaine, heroin, or a derivative of cocaine or heroine evident through tests of the mother and child or from tests at time of child’s delivery in the hospital and

(2) drug treatment is made available to the mother and the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of treatment. C&J § 3-818

• Consideration of homelessness - A child may not be committed to the department and placed in out-of-home care solely because the parent is homeless. FL §5-525(c)(2)(i).
• Impact of inability to care for one child upon CINA status of another - The parents’ ability to care for one sibling is probative of their ability to care for another sibling, and the court need not wait until a child suffers actual injury to find that the child has been neglected. In re William B., 73 Md. App. 68, 77 533 A.2d 16, 21(1987).
• Defining neglect -In determining whether to declare a child a CINA as defined in C & J §3-801(f) based on neglect, the Court must look to the definition of “neglect” as defined in C & J §3-801(s) to determine whether the child would be placed at a substantial risk of harm by remaining with the parent. This includes taking into account neglect suffered by other children who were at one time in the parent’s care. In re Andrew A., 149 Md. App. 412, 815 A.2d 931 (2003).

Study of Family and Environment

The court may direct DSS or another agency to conduct a study of the child, the child’s family and environment, and other matters relevant to the disposition of the case. C&J §3-816(a).

• The report of the study is admissible at the disposition hearing, but not at the adjudicatory hearing. C&J §3-816(c)(1).
• A parent or other party to a CINA proceeding may bring a motion for the child to undergo an examination if the motioning party shows both that there is good cause for the examination and that it will not harm the child. In re Mark M., 365 Md. 687, 782 A.2d 332 (2001).

Permitted Dispositions and Orders

The court may:

• place the child under supervision in the child’s home and
• grant limited guardianship to the department or an individual or both for specific purposes including medical and educational purposes or for other appropriate services if a parent is unavailable, unwilling, or unable to consent to services that are in the best interest of the child.

The court may also order the child and the child’s parents, guardian, or custodian to participate in rehabilitative services. C&J §3-819(c).

The court may also enter an order controlling the conduct of any person who is properly before the court. C&J §3-821(a).

• When a facility is selected - The court may designate the type of facility in which the child is to be placed but may not designate the specific facility. C&J §3-820(c)(ii); In re Demetrius J., 321 Md. 468, 583 A.2d 258 (1990) (delinquency case).
• Board of Education placement - The court may not commit the child to a local board of education because boards of education are not agencies charged with taking custody of children. In re Roger S., 338 Md. 385, 658 A.2d 696 (1995).
• Delinquency - A child who is not a delinquent child may not be committed or transferred to a facility used for confinement of delinquent children. C& J § 3-825(b). A child may not be placed in a facility with adults unless that child is placed in accommodations that are separate from adults who are confined to that facility or institution. C&J §3-825(c)(1).
• When one parent is capable - If the allegations are sustained against only one parent of a child, and there is another parent who is willing and able to care for the child, the court may not find that the child is CINA but before dismissing the case, the court may award custody to the other parent. CJ §3-819 9(e).

After Removal of the Child(ren)

• Kinship parent priority- In selecting a placement that is in the child’s best interests, DSS shall, as a first priority, attempt to place the child with a kinship parent. FL §5-534(c).
• Assessment plan must be developed - DSS must develop a plan to assess the child’s treatment needs within 45 days of the child’s placement in a shelter care facility. C & J §3-815(f)(5)(i).
• Permanency plan - DSS must also prepare a permanency plan in writing within 60 days of the date the child comes into care. FL §5-525(f)(i).
• 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.