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

(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)

Referrals are received from social service agencies in case of emergencies. Otherwise a court will refer the cases. A CINA petition must be made on behalf of child under 18, but once accepted, jurisdiction over the case ends at age 21.

Child Protective Services may interview and, after investigation, may remove the child from the home. By statute, children are entitled to representation and the state funds several providers to provide representation 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.

CINA Background
The purpose of the CINA program is to provide services aimed at family reunification. If this proves impossible, then all efforts should be made to place the children permanently elsewhere. The Department of Social Services always has the burden of proof in these cases, except where specifically noted.

The CINA program represents a collaboration between the field of social work and legal work. Each field has its specific functions. The program has as its exclusive task the representation of children and their best interest in cases of alleged need. Children must be represented and are usually assumed to be without means. There is no place for pro se representation, except when relatives or interested parties may file motions to intervene (must be requesting custody) or motions for review/exceptions within five business days of a hearing, but these will not be done through the CINA program. Moreover, if a child has been represented by the CINA program, this will constitute a conflict in representing anyone else in the matter. If a child’s caregiver is already receiving services from the advocate, this too will constitute a conflict in representing the child.

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.