About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.

Statute Text

Article - Courts and Judicial Proceedings
(a)   A child may be taken into custody under this subtitle by any of the following methods:
(1)   In accordance with an order of the court;
(2)   In accordance with § 5-709 of the Family Law Article; or
(3)   By a law enforcement officer if the officer has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection.
(b)   Whenever a law enforcement officer takes a child into custody under this section, the officer shall:
(1)   Immediately notify the child’s parent, guardian, or custodian;
(2)   Immediately notify the local department; and
(3)   Keep custody only until the local department either takes custody under § 3-815 of this subtitle or authorizes release of the child unless the officer determines that it is safe to return the child to the child’s parent, custodian, or guardian.
(c)    (1)   If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may issue a writ of attachment directing that the child be taken into custody and brought before the court.
(2)   The court may proceed against the parent, guardian, or custodian for contempt.