Statutes:
- MD. Code Ann, Courts and Jud. Proceeding, 3-801, Definitions;
- 3-803, Jurisdiction of Juvenile Court Over Child Alleged to be in Need of Assistance
- 3-804, Determination and Duration of Jurisdiction, Custody Orders;
- 3-815, Shelter Care; and
- 3-828, Contributing to Rendering a Child in Need of Assistance
- See also Md Code Ann, Family Law 5-525 © (2) (I) stating that a child may not be committed to the custody or guardianship of a local department and placed in an out-of-home placement solely because the child’s parent or guardian lacks shelter.
Case Law:
In re Barry E. 107 Md. App. 206, 667 A 2d 93l (1995) If the court takes testimony from (the local department) it must hear from the parents. Parental visitation with CINA children is not an absolute right when visitation is inconsistent with the best interest of the child; however, a parent’s right to visitation may not be easily denied.
In re Rachel S., 60 Md. App, 147; 481 A 2d 520 (1984) Results of a polygraph are not admissible. The dismissal of a shelter care petition does not preclude filing a second CINA petition when the dismissal was not based on the merits.
Wildberger v. State, 74 Md. App. 107, 536 A 2d 718 (1988) Police officer can remove a child from parent’s home without a court order after observing signs of abuse when the officer has a reasonable belief that the child is in immediate danger.
Weller v Department of Social Services of Baltimore, 901 F 2d 387 (4th Cir. 1990) Although it is constitutionally permissible to deprive parents temporarily of custody in an emergency, the state bears the burden to initiate prompt judicial proceedings to ratify its emergency action.
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