22 §4036. Disposition and principles
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)
Part 3: CHILDREN
Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Subchapter 4: PROTECTION ORDERS
§4036. Disposition and principles
1. Disposition. In a protection order, the court may order one or more of the following:
A. No change in custody; [1979, c. 733, §18 (NEW).]
B. Departmental supervision of the child and family in the child's home; [1979, c. 733, §18 (NEW).]
C. That the child, the custodians, the parents and other appropriate family members accept treatment or services to ameliorate the circumstances related to the jeopardy; [1979, c. 733, §18 (NEW).]
D. Necessary emergency medical treatment for the child when the custodians are unwilling or unable to consent; [1979, c. 733, §18 (NEW).]
E. Emancipation of the child, if the requirements of Title 15, section 3506-A are met; [1983, c. 480, Pt. B, §27 (AMD).]
F. Removal of the child from his custodian and granting custody to a noncustodial parent, other person or the department; [1979, c. 733, §18 (NEW).]
F-1. Removal of the perpetrator from the child's home, prohibiting direct or indirect contact with the child by the perpetrator and prohibiting other specific acts by the perpetrator which the court finds may threaten the child; [1985, c. 164, (NEW).]
F-2. Visitation between the child and a sibling pursuant to section 4068; [2005, c. 526, §1 (NEW).]
G. Payment by the parents of a reasonable amount of support for the child as determined or modified according to Title 19-A, chapter 63; [1995, c. 694, Pt. D, §42 (AMD); 1995, c. 694, Pt. E, §2 (AFF).]
G-1. [1997, c. 715, Pt. A, §10 (RP).]
G-2. If the court's jeopardy order includes a finding of an aggravating factor, the court may order the department to cease reunification, in which case a permanency planning hearing must commence within 30 days of the order to cease reunification. [1997, c. 715, Pt. A, §11 (NEW).]
H. Other specific conditions governing custody; or [1995, c. 405, §22 (AMD).]
I. The court may not order and the State may not pay for the defendant to attend a batterers' intervention program unless the program is certified under Title 19-A, section 4014. [1995, c. 694, Pt. D, §43 (AMD); 1995, c. 694, Pt. E, §2 (AFF).]
[ 2005, c. 526, §1 (AMD) .]
1-A. Parental rights and responsibilities orders. Upon request of a parent, the court may enter an order pursuant to Title 19-A, section 1653 if the court determines that the order will protect the child from jeopardy and is in the child’s best interest as defined in Title 19-A, section 1653, subsection 3. If the court enters an order pursuant to this subsection:
A. The order has the same force and effect as other orders entered pursuant to Title 19-A, section 1653; [2007, c. 256, §1 (NEW).]
B. The order is subject to modification or termination in the same manner as other orders entered pursuant to Title 19-A, section 1653; [2007, c. 256, §1 (NEW).]
C. Any person who requests a modification or termination of the order must serve the department with the motion or petition; [2007, c. 256, §1 (NEW).]
D. The department is not a party to proceedings to modify or terminate the order unless otherwise ordered by the court. This paragraph may not be construed to limit the department's ability to request a judicial review pursuant to section 4038, subsection 2; [2007, c. 256, §1 (NEW).]
E. Notwithstanding section 4038, the court may order that further judicial reviews may not be held unless requested by a party and, notwithstanding section 4038-B, may order that further permanency planning hearings may not be held; and [2007, c. 256, §1 (NEW).]
F. The court may terminate the appointments of the guardian ad litem and attorneys for parents and guardians, in which case the attorneys and guardian ad litem have no further responsibilities to their clients or the court. [2007, c. 256, §1 (NEW).]
[ 2007, c. 256, §1 (NEW) .]
2. Principles. In determining the disposition, the court shall apply the following principles in this priority:
A. Protect the child from jeopardy to his health or welfare; [1979, c. 733, §18 (NEW).]
B. Give custody to a parent if appropriate conditions can be applied; [1979, c. 733, §18 (NEW).]
C. Make disposition in the best interests of the child; and [1979, c. 733, §18 (NEW).]
D. Terminate department custody at the earliest possible time. [1979, c. 733, §18 (NEW).]
[ 1979, c. 733, §18 (NEW) .]
3. Time of order. The order may be for a specified period, with a review at the end of that period, or it may be for an indeterminate period, not beyond age 18.
[ 1979, c. 733, §18 (NEW) .]
4. Disposition of child in custody of department. The court may not order that a child who has been ordered into the custody of the department be placed with a parent. Nothing in this subsection prevents the department from placing a child in its custody in the home of a parent for a trial period.
[ 1985, c. 739, §10 (NEW) .]
5. Notice of criminal penalties. If an order is issued under this section that contains a provision subject to criminal penalties under section 4036-A, the order must indicate in a clear and conspicuous manner the potential consequences of violating the order.
[ 1993, c. 443, §1 (NEW) .]
SECTION HISTORY
1979, c. 733, §18 (NEW). 1983, c. 480, §B27 (AMD). 1985, c. 164, (AMD). 1985, c. 739, §§8-10 (AMD). 1989, c. 834, §B15 (AMD). 1993, c. 443, §1 (AMD). 1995, c. 405, §§21-23 (AMD). 1995, c. 694, §§D42,43 (AMD). 1995, c. 694, §E2 (AFF). 1997, c. 715, §§A10,11 (AMD). 2005, c. 526, §1 (AMD). 2007, c. 256, §1 (AMD).