In re Najasha B., 409 Md. 20

Summary

The Maryland Court of Appeals held that a juvenile court may not dismiss a CINA petition solely at the request of the local department of social services when the child, through counsel, objects. The court concluded that the CINA statute, the child's party status and right to counsel, and the juvenile court's parens patriae role require the court to consider the allegations at an adjudicatory hearing.

Holdings

1. When a CINA petition has been filed and the child timely objects to dismissal and requests a hearing on the merits, the juvenile court must conduct an adjudicatory hearing rather than dismiss the petition before adjudication.
2. DSS does not have a unilateral right to withdraw or dismiss a CINA petition before adjudication when the child objects.
3. Changed circumstances and Maryland Rule of Professional Conduct 3.1 do not require dismissal before adjudication; DSS may present its changed assessment and argue that intervention is no longer in the child's best interests at the adjudicatory hearing.

Questions Presented

1. Whether a juvenile court must hold an adjudicatory hearing after a CINA petition has been filed when DSS seeks dismissal and the child, through counsel, objects.
2. Whether DSS has a unilateral right to withdraw or dismiss a CINA petition before adjudication.
3. Whether the juvenile court may dismiss a CINA petition without adjudication based on changed circumstances or the availability of a new petition under the CINA complaint process.

Disposition

vacated