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REPORTED

IN THE COURT OF SPECIAL APPEALS

OF MARYLAND

No. 2948

September Term, 1999 _________________________________ __

IN RE: NORBERTO C.

_________________________________ __ Murphy, C.J., Kenney, Fischer, Robert F.,
(Retired, Specially Assigned),

JJ. _________________________________ __ 1

Opinion by Murphy, C.J. _________________________________ __ Filed: August 31, 2000

In this appeal from the Circuit Court for Baltimore County, we shall vacate the circuit court's denial of an emergency motion filed on behalf of a Child in Need of Assistance (CINA), and remand for a prompt evidentiary hearing on the issue of what - if any - changes to the child's previously approved placement plan are in the child's best interest. I. Norberto C., appellant, is a disabled child who was born on September 5, 1984. In 1989, the circuit court found him to

be a Child In Need of Assistance and "co-committed [him] to the care of the Baltimore County Department of Social Services [(DSS)] and the Developmental Disabilities Administration [of the Maryland Department of Health and Mental Hygiene, appellees]." On June 28, 1993, he was placed in the foster

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home of Delorise S.

On May 26, 1998, Norberto was the subject

of a judicial review hearing required by Md. Rule 11-115(d). The record shows that the following transpired at the review hearing: [DSS's COUNSEL]: This would be a review hearing today for Noberto [], a 13-year-old young man committed in 1989 to the Department of Social Services. parents are deceased. Both of his

He is currently in a

foster home through the Mentor Program. He's jointly committed both with the Department of Social Services and the Department of Health and Mental Hygiene.

This is a youngster with a number of serious disabilities and he is going to need supportive care throughout his life. He is doing well in his current foster care and we see no reason to change the status quo in this case.

So it would be the recommendation today, which I believe is agreed to by all

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parties, that he remain committed jointly with the Department of Social Services and the Department of Health and Mental Hygiene, that the Court certifies his current placement with the foster parent, Delorise [S.] shall be certified with the Court as permanent foster care placement for him such that we will not need to schedule further reviews in this matter.

We're also asking Ms. [S.] be given limited guardianship for medical and mental health and education travel purposes. She's the one most appropriate to consent to his needs if she's providing for his care.

* * *

[NORBERTO'S COUNSEL]: We would agree with all those recommendations, your Honor.

And Roberto [sic] has been with the

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same home since 1993, when he left Mount Washington. And she has been very involved

with his activities and medical appointments and school placement, even when she didn't have authority to sign his individual education plan. The people who So

had the authority were not attending. she is the ideal candidate for this guardianship responsibility. asking you to do that.

So we'd be

We also ask for both commitments to continue, seeing there's no representative of DDS here today.

THE COURT: All right.

Let's continue the

dual commitment to the Department of Health and Mental Hygiene and the Department of Social Services, have the permanent foster care placement, and grant limited guardianship for mental and medical and mental health education travel purposes.

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Although a written order of approval was never filed, the plan approved "on the record" was followed until January of this year. II. On January 11, 2000, Norberto's counsel filed on his behalf a MOTION FOR EMERGENCY REVIEW HEARING AND STAY OF CURRENT ORDER that included the following assertions: The issue for the hearing is whether Norberto should remain with his courtdesignated permanent foster parent Ms. [S.] who also retains limited guardianship for medical, educational, mental health and out-of-state travel purposes. Upon information and belief, the Baltimore County Department of Social Services intends to move Norberto from the licensed home of Ms. [S.] on January 18, 2000. Therefore this Petition seeks an emergency hearing to be scheduled on or before that date, or in the alternative, for a stay of the current placement pending an emergency review hearing. * * * On June 28, 1993 Norberto was moved from the Mt. Washington Pediatric Hospital to the home of Ms. [S.] located in Columbia Maryland. Norberto was placed with Ms. [S.] incident to a contract between BCDSS and Mental Maryland (Mentor) that provides specialized foster care services. While Ms. [S.] serves Norberto through a contract with Mentor, she is a licensed foster parent through the Department of Social Services. On May 26, 1998 this Court designated Ms. [S.] as Norberto's permanent foster 6

parent. This designation of a particular foster parent is authorized by CJ

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