Maryland § 3-8A-17.1
Full text of Maryland Maryland Code § 3-8A-17.1, with citation guidance and answers to common questions.
§ 3-8A-17.1.
(a) (1) At any time after a petition alleging that a child has committed a delinquent act is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall stay all proceedings and order that the Maryland Department of Health or any other qualified expert conduct an evaluation of the child’s competency to proceed if the court finds that:
(i) There is probable cause to believe that the child has committed the delinquent act; and
(ii) There is reason to believe that the child may be incompetent to proceed with a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing.
(2) An evaluation ordered under paragraph (1) of this subsection shall be performed by a qualified expert.
(3) This subsection may not be construed to prohibit the State or the child from calling other expert witnesses to testify at a competency hearing.
(b) Any motion questioning the child’s competency to proceed, and any subsequent legal pleading relating to the child’s competency to proceed, shall be served on the child’s counsel, the State’s Attorney, the Department of Juvenile Services, and the Maryland Department of Health.
Frequently Asked Questions About Maryland § 3-8A-17.1
What does Maryland Code § 3-8A-17.1 cover?
Section 3-8A-17.1 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 3-8A-17.1?
A common citation format is "Maryland Code § 3-8A-17.1" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 3-8A-17.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.