A “master” is a family
law expert who conducts juvenile hearings. Masters
make recommendations to a judge as to how the case
should be decided. The judge may accept or reject
those recommendations.
Steps
to Resolving a Case in Juvenile Court
Delinquency Cases
Delinquency cases usually start with the filing of
a petition, which is the charging document, followed
by an adjudicatory hearing. If the child is considered
dangerous or is a runaway, proceedings in juvenile
court begin with a detention hearing. The judge or
master may detain the juvenile in a secure facility
pending the adjudicatory
hearing.
If the juvenile is not detained, the
adjudicatory hearing must take place within 60 days
after the petition was served. Some counties, however,
may require a hearing on counsel before adjudication
to advise the child and his parents about their rights
and about the charges as well as to make decisions
about attorney representation. If it is found that
the child committed the alleged acts, a disposition
hearing is held. This hearing determines two key issues:
whether the child is in need of guidance, treatment
or rehabilitation and, if so, whether the child is
delinquent.
If the child is determined to be delinquent,
the court determines the care, rehabilitation or treatment
that the child needs. The court may order that the
services of the Department of Juvenile Services, Department
of Social Services, the Board of Education, and other
care providers be combined to rehabilitate the child.
For delinquency proceedings, adjudication and disposition
are two separate hearings, with five days notice given
after adjudication, before moving on disposition.
Finally, a restitution hearing may be held to determine
the amount and awarding of up to $10,000 to victims
who suffered damage directly resulting from a delinquent
act. This stage is a separate, two-part proceeding
against the child and his parents.
The state must prove that the victim’s
personal property was stolen, damaged or destroyed
as a result of the delinquent act and/or that the
victim had medical, dental, hospital or funeral expenses.
The Judgment Restitution Program enforces periodic
payments to the victim from the juvenile and/or parents
and collects court costs. Making restitution for their
acts may also be a condition of the juvenile’s
probation.
Child in Need of Assistance
CINA cases generally begin with a shelter care hearing.
A child may be placed in shelter care if the judge
or master determines that it would be contrary to
the welfare of the child to remain at home. After
the shelter care hearing, the next phase is adjudication.
The purpose of the adjudication hearing is to determine
whether the allegations set forth in the CINA petition
are true. If the judge or master finds that the allegations
of abuse and/or neglect are true, the case moves into
the disposition phase. At disposition, the court first
determines if the child needs the court’s assistance,
and if so, finds the child to be CINA.
The court may return the child to
a parent under a specific order, place the child in
foster care, or award custody and guardianship to
someone who can provide appropriate care. In CINA
cases, adjudication and disposition hearings are held
separately but usually on the same day.
If a child is in an out-of-home placement
for a year or longer, the court must conduct a permanency
planning hearing. At this hearing, the court can order
that the child be returned to a parent or guardian,
placed for adoption or emancipated, or it can order
any other course of action that will be in the child’s
best interest.
After the initial permanency planning
hearing, a similar hearing must be conducted every
six months until the child is returned home, placed
permanently, or parental rights are
terminated.
Special Rules
for Juvenile Court
The juvenile and his parents have a right to legal
counsel at each stage of a juvenile court proceeding.
Hearings are informal; there is no jury. However,
the rules of evidence do apply. Delinquency cases
must be proven “beyond a reasonable doubt,”
as in criminal cases. In CINA or CINS cases, the “preponderance
of the evidence” standard is used. “Clear
and convincing evidence” is the standard for
termination of parental rights. Once a child is under
the authority of juvenile court, the court keeps that
authority until it is terminated, or until the child
turns 21, whichever occurs first.
Cases involving certain offenses by
juveniles go directly to criminal court, although
a judge may waive (transfer) the case to juvenile
court. Among the offenses:
• Children 14 or older who are charged with
crimes which, if committed by an adult, are punishable
by death or life in prison;
• Children 16 or older charged with robbery
or attempted robbery with a dangerous or deadly weapon;
• Children 16 or older charged with non-jailable
traffic/boating offenses.
Juvenile Cases
Open to the Public
If a juvenile is alleged to have committed an act
that would be a felony if committed by an adult, then
that case is open to the public. However, the court
may choose to exclude the general public from a hearing
if there are good reasons to keep the proceedings
confidential. Adjudications and dispositions are normally
announced in open court.
For more about juvenile justice, look in Title
11 of the Maryland Rules, and in the Annotated Code
of Maryland, Family Law and Courts and Judicial Proceedings
Articles.
