CINA Proceedings - Generally

• Access by the public - The court may exclude the general public from CINA hearings and admit only those persons with a direct interest in the proceeding and their represen¬tatives. C&J §3-810(b)(1). Federal law requires that the proceeding be closed to the public whenever abuse or neglect of the child is being discussed. C & J § 3-801(b)(2); 42 U.S.C. §5106a(b)(2)(A)(viii).

  • But see In re Ashley E., COSA, Sept. Term 2003, in which the Court of Special Appeals held it is not reversible error to fail to close the courtroom where prejudice cannot be shown. Cert petition has been filed.

• 5 day notice - Except for shelter care, the clerk must give each party at least five days notice before a CINA hearing. Md. Rule 11-110(c). If the local department filed the petition, it is a party. C&J §3-801(u)(1)(iii).
• (HB 910) Authorizes health care providers to disclose specified medical records without the authorization of persons in interest under specified circumstances.  (effective 10/1/08)
• 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.

• Representation
1. The child must be represented by an attorney. C&J § 3-813(d).  
2. Parties have a right to counsel at each stage of a CINA case. C&J §3-813(a). Indigent custodial and noncustodial parents may be represented by the Office of the Public Defender. C&J §3-813(c); FL §5-323(b). The right to representation includes the right to make closing argument. In re Emileigh F., 353 Md. 30, 724 A.2d 639 (1999).  
3. The court may also appoint a volunteer Court Appointed Special Advocate (CASA). C&J §3-830.
• Double Jeopardy - CINA proceedings are not criminal in nature and do not give rise to double jeopardy. In re John P., 311 Md. 700, 537 A.2d 263 (1988); In re Neil C., 308 Md. 591, 521 A.2d 329 (1987).
   

Last date legal review :  9/26/08 (PLL/M.A.J.) Contributions to current edition by Nena Villamar, Office of the Public Defender and Rhonda Lipkin, Legal Aid Bureau, Inc.