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Maryland Manual, 1994-95
Volume 186, Page 377   View pdf image
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Maryland Manual 1994-1995 Department of Juvenile Services /377

was redefined as a child who had committed a delinquent act (any act which would be a crime if commited
by an adult) and required supervision, treatment, or rehabilitation. Separating the two categories of
youthful offenders gave impetus to the movement away from institutional care towards broader-based
community treatment. The 1969 law required not only that children be detained separately from adults but
also that adjudicated delinquents be kept away from alleged delinquents; children in need of supervision; or
neglected, mentally handicapped or dependent minors. Despite prohibitions going back at least to 1916, the
legislature found it necessary to include a deadline in the 1969 law after which no child could be detained in a
jail or adult facility. This deadline was later extended to January 1,1975 (Chapter 616, Acts of 1971). By 1973,
in-home or community care for the CINS virtually was mandated, when it became unlawful to commit any
child except an adjudicated delinquent to a juvenile institution (Chapter 737, Acts of 1973).

Department of Juvenile Services. After the 1945 revision of the juvenile causes law, the juvenile justice system
diversified according to local needs, finances, and beliefs. Each county handled juvenile problems differently,
with a child's needs often not adequately met. The Advisory Council on Child Welfare, established in 1963,
reported to the legislature in 1965 that Maryland lacked a uniform statewide probation service for juvenile
courts. Citing the unequal administration of juvenile justice, the General Assembly called for the Legislative
Council to initiate a study to determine: a uniform age limit for the jurisdiction of juvenile courts; an appropriate
age limit for commitment of juveniles to institutions; and the most effective way to establish standard probation
services (Joint Resolution no. 16, Acts of 1965). That study led to the creation of the State Department of
Juvenile Services in 1966 as the "central coordinating agency for juvenile investigation, probation and aftercare
services and for State juvenile, diagnostic, training, detention, and rehabilitation institutions" (Chapter 126,
Acts of 1966). Personnel providing investigative, probation and after-care services to juvenile courts were
employees of the new department but under the direct supervision and control of the juvenile court judge.

The Department of Juvenile Services in 1967 assumed administrative responsibilities for all State juvenile
training schools, children's centers, and boys' forestry camps, previously overseen by the State Department of
Public Welfare. At the same time, the Department of Juvenile Services initiated a single statewide program for
juvenile probation and aftercare services, formerly provided by the counties, Baltimore City, the State
Department of Public Welfare, and the State Department of Parole and Probation. In 1969, the Department
of Juvenile Services, then known as the Juvenile Services Administration, was placed within the Department of
Health and Mental Hygiene (Chapter 77, Acts of 1969). Reorganized as an independent unit, it was renamed
the Juvenile Services Agency in 1987 (Chapter 290, Acts of 1987). The Agency was reorganized in 1989 as
the Department of Juvenile Services, a principal department of State government (Chapter 539, Acts of 1989).

Since 1969, through field offices in each county and Baltimore City, intake officers from Juvenile Services
receive and process complaints filed against juveniles. Most complaints come from the police after a juvenile
has been arrested, but parents, teachers, social workers, or any citizen may file a complaint. The intake
officer makes a preliminary inquiry as to whether court proceedings are in the child's best interest and then
may dismiss the complaint, file a petition for court action, or resolve the complaint out of court through
informal supervision or diversion to community-based services. Most complaints now are resolved without
court action. When a petition for court action is filed, the intake officer recommends whether detention
is necessary prior to adjudication, and a detention hearing is held in juvenile court. Next, an adjudicatory
hearing determines whether the child is delinquent or in need of supervision. Then a disposition hearing
decides on adequate treatment for the child, either at home, under community supervision, in an
out-of-home residence, or for those categorized as dangerous to themselves and others, through commit-
ment to a secure institution. The Department of Juvenile Services is responsible for providing care to youth
adjudicated delinquent or CINS (child in need of supervision), and since 1971 also is responsible for
developing programs for the "predelinquent" child, one whose behavior is likely to lead to contact with
law enforcement agencies (Chapter 480, Acts of 1971). Up until 1991, Juvenile Services intake officers
also received complaints and filed petitions for children in need of assistance (CINA), who now come
under the care of local departments of social services (Chapter 343, Acts of 1991).

In the past twenty-five years the State has significantly altered the way it cares for troubled youth.
Maryland no longer relies on custodial care in institutions to treat juveniles who have violated the law.
Juvenile Services' most recent reform initiative is best characterized by the 1988 closing of the Montrose
School, the 1991 privatization of the Charles H. Hickey, Jr., School, and expansion of community-based
alternatives to institutionalization.

The Department of Juvenile Services provides individualized care and treatment, consistent with the
public safety, to youth under the age of eighteen who violate the criminal law, or are likely to violate the
law, or whose behavior is such that they may endanger themselves or others. Whenever feasible, the
Department serves troubled youth in their homes or residences within the community. The Department
is responsible for probation, that is, the supervision of youngsters who are adjudicated delinquent but not



 
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Maryland Manual, 1994-95
Volume 186, Page 377   View pdf image
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