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Order For Continued Detention Or Shelter Care JO-52 - Maryland
| Order For Continued Detention Or Shelter Care Form. This is a Maryland form and can be used in Judgments And Orders Family Law Circuit Court Statewide . |
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IN THE CIRCUIT COURT FOR ____________________ COUNTY, MARYLAND Sitting as a Juvenile Court In The Matter of: * Case Number(s): DOB(s): ______________________________* Respondent(s) * ORDER FOR CONTINUED DETENTION/SHELTER CARE Upon consideration of the ________________________ Petition filed by the Department of Juvenile Services, and with the following persons present: Respondent _________________ Respondent's attorney __________________ DJS Case Manager __________________ Assistant State's attorney __________________ Respondent's parent(s)/custodian/guardian _________________ _______________ Other ________________________ and having heard this matter on the issue of continued detention/shelter care, by the Court for ____________________ County, on this _________ day of ______________, 20 ___ Preliminarily, the Assistant State's Attorney amended the Petition in the following way: It is: FOUND, that the evidence presented sustained the finding that continuation of the Respondent in the Respondent's home is not contrary to the Respondent's welfare, and; That it is now possible to return the child to that home because the following circumstances exists: (specify including whether restrictions should apply) or FOUND, that the evidence presented sustained the finding that continuation of the Respondent in the Respondent's home is contrary to the Respondent's Page 1 of 6 JO 52 Revised 21 November 2005 American LegalNet, Inc. www.FormsWorkflow.com welfare, and; That it is not now possible to return the child to that home because the following circumstances exists: (case specific and detailed) It is further, FOUND that the Respondent is a threat to him/herself because the alleged delinquent behavior poses a physical danger to the Respondent and may result in future long-term confinement. The behavior entails: That the Respondent's parents/caregivers are continually absent from the home, or are physically or mentally unable or unwilling to care for the Respondent because: That the nature of the alleged offense is such that allowing the child to remain in the community would be contrary to the welfare of the child and the community for the following reasons: (specify facts constituting threats or risks) The Court has determined That efforts to work with the Respondent in the community have failed to stop the Respondent from committing additional offenses which compromise the safety and welfare of the child and the community. Page 2 of 6 JO 52 Revised 21 November 2005 American LegalNet, Inc. www.FormsWorkflow.com It is further; FOUND, that the following reasonable efforts were made prior to the placement to prevent or eliminate the need for removal of the child; substance abuse treatment for _________________ individual counseling for ___________ family counseling supervision by a probation officer wrap around services provided by ____________________ community detention other community services (describe) _____________________________ FOUND, that the evidence presented sustained a finding that because of the emergent nature of the situation, reasonable efforts could not be made to prevent removal of the child from the home; The emergent nature that existed is that: (specific, detailed and referenced, e.g. DJS written report) or FOUND, that reasonable efforts were not made to prevent removal. The absence of efforts made to prevent removal from the home was not reasonable for the following reasons: or FOUND, that the Court has not determined whether reasonable efforts were made or whether there was an emergent situation, but will do so as a result of evidence to be presented at the Adjudicatory Hearing and so certify in the subsequent Order of the Court. Page 3 of 6 JO 52 Revised 21 November 2005 American LegalNet, Inc. www.FormsWorkflow.com IN LIGHT OF THE ABOVE FACTUAL FINDINGS, THE FOLLOWING IS: ORDERED, that continued detention is denied and that the Respondent is replaced in the care and custody of ______________________ (name of parent, guardian or custodian) or ORDERED, that the Respondent is placed under the following restrictions: curfew attend school daily obey the rules at home other (please specify) ________________________________________ or ORDERED, that continued detention is granted and that the Respondent is placed in the temporary care and custody of the Department of Juvenile Services, pending an Adjudicatory hearing on the above-entitled cause, and subject to further Order of this Court; or ORDERED, that shelter care is granted and that the Respondent is placed in the temporary care and custody of the Department of Juvenile Services, pending an Adjudicatory hearing on the above-entitled cause, and subject to further Order of this Court; or ORDERED, that the Respondent may return home conditionally, but the court has awarded temporary custody of the Respondent to the Department of Juvenile Services. Should the Respondent fail to adhere to the conditions of his or her return to the community, the Department of Juvenile Services is authorized to hold the Respondent in a secure facility without having to return to Court, but DJS shall notify the Court/the Respondent's attorney/ the State's attorney/ the Respondent's parent/caregiver, of the removal. or, ORDERED, that the Respondent may return home conditionally, but the court has awarded temporary custody of the Respondent to the Department of Juvenile Services. Should the Respondent fail to adhere to the conditions of his or her return to the Page 4 of 6 JO 52 Revised 21 November 2005 American LegalNet, Inc. www.FormsWorkflow.com community, the Department of Juvenile Services is authorized to hold the Respondent in a secure facility, but should notify the Court and the Respondent's attorney/ State's attorney/ the Respondent's parent/ caregiver, and request an emergency hearing to be held on the next day the Court sits. It is further, ORDERED, that the Respondent is: not eligible for community detention, pending hearing on the above entitled cause and for a period not to exceed the next hearing date. eligible for community detention, pending hearing on the above entitled cause and for a period not to exceed the next hearing date. eligible for a community program other than community detention pending hearing on the above entitled cause and for a period not to exceed the next hearing date. The other community program is: a. DRAP b. Evening Reporting Center c. other ______________________________________________ (
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