2019 Maryland Code
Health - General
Title 10 - Mental Health Law.
Subtitle 6 - Admission Provisions
Part IV - Emergency Evaluations
§ 10-630. Court records relating to a petition for emergency evaluation

    (a)    All court records relating to a petition for an emergency evaluation made under this subtitle are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.

    (b)    Except for a court record sealed under subsection (d) of this section, this section does not prohibit review of a court record relating to a petition by:

        (1)    Personnel of the court;

        (2)    The petitioner;

        (3)    The emergency evaluee or counsel for the emergency evaluee;

        (4)    Authorized personnel of the Department;

        (5)    Authorized personnel of the local core service agency or local behavioral health authority;

        (6)    A law enforcement agency; or

        (7)    A person authorized by a court order on good cause shown.

    (c)    A petition for an emergency evaluation:

        (1)    Shall be considered a mental health record under Title 4 of this article; and

        (2)    May be released by a health care provider, as defined in § 4–301 of this article, only as permitted by law.

    (d)    (1)    An emergency evaluee who was a minor when a petition for emergency evaluation was made or sought concerning the emergency evaluee under this part may file a motion with the court at any time requesting that any court records relating to the petition be sealed.

        (2)    The court shall have a copy of the motion filed under this subsection served on the petitioner at the address stated for the petitioner in the petition for emergency evaluation.

        (3)    The court may order court records relating to the petition for emergency evaluation that is the subject of the motion sealed for good cause shown.

        (4)    (i)    The petitioner may file an objection to a motion filed under this subsection.

            (ii)    If no objection is filed, the court may grant the motion without a hearing.

            (iii)    If the petitioner files an objection to the motion within 30 days after a copy of the motion is served on the petitioner, the court shall hold a hearing.

            (iv)    The court may hold a hearing on its own initiative.

        (5)    If sealed, the court records relating to the petition for emergency evaluation that is the subject of the motion may not be opened, for any purpose, except by order of the court for good cause shown.