 |
Unannotated Code of Maryland (Last Updated: May 16, 2014) |
 |
COURTS AND JUDICIAL PROCEEDINGS |
|
TITLE 3. COURTS OF GENERAL JURISDICTION -- JURISDICTION/SPECIAL CAUSES OF ACTION |
|
SUBTITLE 8. JUVENILE CAUSES -- CHILDREN IN NEED OF ASSISTANCE. |
§ 3-805. Venue
Latest version.
-
(a) Where CINA petition to be filed. --
(1) A petition alleging that a child is a CINA shall be filed in the county where:
(i) The child is residing when the petition is filed; or
(ii) The act on which the petition is based allegedly occurred.
(2) A voluntary placement petition shall be filed in the county where:
(i) The parent or legal guardian resides;
(ii) The former CINA's commitment to the local department was rescinded; or
(iii) The former CINA receives voluntary placement services.
(b) Transfer of case. --
(1) Whenever a petition is filed other than in the county where the child resides, the court, on its own motion or on motion of a party, may transfer the case at any time to any appropriate county, including a county where:
(i) Another case involving custody, visitation, or support of the child is pending;
(ii) The child resides;
(iii) A parent of the child resides; or
(iv) The court determines it is in the child's best interests for further proceedings concerning the child to take place.
(2) (i) Before the court transfers a case to another court in the State, the court shall communicate with the juvenile judge of the other court or the judge's designee.
(ii) The court shall advise the parties of the decision made to transfer the case and the basis for the decision.
(3) Before the court transfers a case to a court outside the State, the court shall communicate with the other court in accordance with the Maryland Uniform Child Custody Jurisdiction Act.
(4) (i) Within 15 days after the court orders a transfer, the clerk of the sending court shall forward to the receiving court every document on file with the sending court.
(ii) If a case is transferred to another court in this State, the receiving court shall treat the case as if it had been filed with that court initially and shall set hearing dates as close as practicable to those set forth in any pending orders issued by the sending court.
(c) Information available from another jurisdiction. -- If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.