Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-8A-14
Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-8A-14
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) Pursuant to an order of the court;
(2) By a law enforcement officer pursuant to the law of arrest;
(3) By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection;
(4) By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child has run away from the child’s parents, guardian, or legal custodian; or
(5) In accordance with § 3-8A-14.1 of this subtitle.
(b) (1) (i) If a law enforcement officer takes a child into custody, the officer shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian in a manner reasonably calculated to give actual notice of the action.
(ii) The notice required under subparagraph (i) of this paragraph shall:
1. Include the child’s location;
2. Provide the reason for the child being taken into custody; and
3. Instruct the parent, guardian, or custodian on how to make immediate in-person contact with the child.
(2) After making every reasonable effort to give actual notice to a child’s parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:
(i) Release the child to the child’s parents, guardian, or custodian or to any other person designated by the court, upon their written promise to bring the child before the court when requested by the court, and such security for the child’s appearance as the court may reasonably require, unless the child’s placement in detention or shelter care is permitted and appears required by § 3-8A-15 of this subtitle; or
(ii) Deliver the child to the court or a place of detention or shelter care designated by the court.
(c) If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may:
(1) Issue a writ of attachment directing that the child be taken into custody and brought before the court; and
(2) Proceed against the parent, guardian, or custodian for contempt.
(d) In addition to the requirements for reporting child abuse and neglect under § 5-704 of the Family Law Article, if a law enforcement officer has reason to believe that a child who has been detained is a victim of sex trafficking, as defined in § 5-701 of the Family Law Article, the law enforcement officer shall notify any appropriate regional navigator, as defined in § 5-704.4 of the Family Law Article, for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking.
(e) The Court of Appeals may adopt rules concerning age-appropriate language to be used to advise a child who is taken into custody of the child’s rights.