Code of Maryland Regulations
Title 16 - DEPARTMENT OF JUVENILE SERVICES
Subtitle 16 - FIELD SERVICES
Chapter 16.16.01 - Probation and Aftercare Services and Procedures
Section 16.16.01.02 - Definitions

Universal Citation: MD Code Reg 16.16.01.02

Current through Register Vol. 51, No. 6, March 22, 2024

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Adjudicatory hearing" means a hearing to determine whether the allegations in the petition, other than allegations that the child requires the court's assistance, treatment, guidance or rehabilitation, are true.

(2) "Aftercare" means that service which is begun by a Department of Juvenile Services counselor at the time a child is committed to a Department of Juvenile Services institution. The commitment is court ordered and shall be terminated by the court. Institutional home visits are made by an aftercare counselor during the period of commitment and supervision following release until the case is terminated.

(3) "Arraignment hearing" means a court hearing at which charges are read and explained to the child and the child is advised of the child's right to legal representation.

(4) "Child" means a person under 18 years old.

(5) "Commit" means to transfer legal custody.

(6) "Court" means the circuit court of a county or Baltimore City sitting as the juvenile court. In Montgomery County, it means the District Court sitting as the juvenile court.

(7) "Courtesy supervision" means case supervision accepted as a result of intrastate or interstate transfer of supervision.

(8) "Custodian" means a person or agency, other than the child's parents or legal guardian, to whom legal custody has been awarded by court order.

(9) "Delinquent act" means an act which would be a crime if committed by an adult.

(10) "Detention" means the temporary care of children placed in physically restricting facilities, for the protection of themselves or the community, while the court determines individual disposition.

(11) "Disposition hearing" means a court hearing to determine the:
(a) Child's need for assistance, guidance, treatment, or rehabilitation; and

(b) Nature and extent to which this assistance, guidance, treatment, or rehabilitation is offered.

(12) "Foster care" means the court-ordered placement of children in approved foster care homes with appropriate supportive services provided as required.

(13) "Individualized service plan" means the written plan which identifies the needs of the child under supervision and establishes objectives for meeting those needs.

(14) "Institution" means those Department of Juvenile Services facilities where children are held for the purposes of secure detention or commitment.

(15) "Interstate Compact on Juveniles" means that multistate agreement provided for in Human Services Article, § 9-301 et §, Annotated Code of Maryland.

(16) "Juvenile counselor" means the person assigned to the court by the Department of Juvenile Services to provide probation and aftercare services.

(17) "Juvenile counselor supervisor" means those Department of Juvenile Services persons exercising line supervision over juvenile counselors. For the purpose of this document, whenever juvenile counselor supervisor is used it also means that person's designee who may exercise supervision in the supervisor's absence.

(18) "Maryland Automated Statewide Support and Information System Tools (ASSIST)" is a tracking data base used for all children referred to the Department of Juvenile Services.

(19) "Orientation process" means those introductory instructions to children who have been placed under supervision by the court and placed in someone's care and custody, or both.

(20) "Petition" is a formal application for a hearing before the juvenile court, filed pursuant to the Courts and Judicial Proceedings Article, § 3-8 A-13, Annotated Code of Maryland.

(21) "Placement" means any living arrangement for a child away from the custody of the child's parents or legal guardian.

(22) "Placement review team" means those persons designated by the regional administrator to review and approve decisions, or both, on the use of funds for purchase of care or services.

(23) "Probation" means the legal status created by a court order under which an adjudicated delinquent is subject to specified conditions of the court or Department of Juvenile Services.

(24) "Purchase of Care" means that program of the Department of Juvenile Services when the children are placed in approved foster care or licensed residential child care facilities and funds are provided by the Department, parents, or public or private resources.

(25) "Purchase of Service" means that program of the Department of Juvenile Services when nonresidential services are provided to adjudicated delinquent children.

(26) "Regional administrator" means those Department of Juvenile Services personnel responsible for directing and administering all or some phases of court, community, and institutional services including probation and aftercare, in their assigned areas of the State. For the purposes of this chapter, whenever the term regional administrator is used it also means that person's designee who may exercise like responsibilities in the administrator's absence.

(27) "Resource consultant" means that Department of Juvenile Services employee who is responsible for managing the Purchase of Care and Purchase of Services Programs in certain geographical areas of the State. Resource consultants are assigned by the regional administrator.

(28) "Revocation" means that procedure related to violations of probation or aftercare when a modification of a court order is requested as provided for in the Maryland Rules of Procedure, Juvenile Causes, Rule 11-116, Annotated Code of Maryland.

(29) "Shelter care" means the temporary care of children in physically unrestricting facilities.

(30) "Social history investigation" means the court-ordered study of the child, the family, the environment, and other matters relevant to the disposition of the case as provided for in the Courts and Judicial Proceedings Article, § 3-8 A-17, Annotated Code of Maryland.

(31) "Termination" means those court proceedings, initiated to complete supervision over a child as found in the Maryland Rules of Procedure, Juvenile Causes, Rule 11-120, Annotated Code of Maryland.

(32) "Transfer of jurisdiction (proceedings)" means those proceedings and case records accompanying the transfer to the child's county of residence as provided for in Courts and Judicial Proceedings Article, § 3-8 A-06, Annotated Code of Maryland.

(33) "Waiver investigation" means that investigation initiated by a petition in which the court may order the Department of Juvenile Services to furnish a report at the waiver hearing as provided for in the Maryland Rules of Procedure, Juvenile Causes, Rule 913(b), Annotated Code of Maryland.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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