402 / Department of Juvenile Justice Maryland Manual 1996-1997

beer saloons and other unsavory places, or was guilty of indecent, immoral or lascivious behavior Each
circuit court was to appoint paid probation officers The law also prohibited confinement of a child under
age 14 in a jail or police station with other prisoners

Public concern about child welfare prompted the Governor to appoint two commissions the Children's
Code Commission of 1922, and the Commission on Laws of Minors, which completed its work m 1924
Instigated by the League of Women Voters, the Children's Code Commission found that many children were
trapped m the juvenile system and cited the case of a 2 and I/ 2 year old child, committed to reform school
as an incorrigible minor Committed children remained in custody of reformatories until they reached age 21
Both commissions reviewed all laws in Maryland relating to minors and found that despite the 1916 statute,
only seven counties had established juvenile courts The Commissions recommended that juvenile courts be
mandated, and decisions of the Juvenile Court of Baltimore City be given more judicial weight so as to be less
easily reversed Further, they found that supervision of children's welfare ought to be vested in one agency, the
State Board of Welfare Perhaps because a Judiciary Commission was at the same time studying ways to revise
the whole judicial system, no action was taken until 1931 to make juvenile courts more effective

In 1931, juvenile jurisdiction was removed from the county circuit courts (Chapter 323, Acts of 1931)
The Governor appointed an additional justice of the peace for each county to serve as Magistrate for
Juvenile Causes with criminal jurisdiction and exclusive jurisdiction over cases of commitment of minors
under age 16 The Magistrate was authorized to conduct informal hearings, place a minor on probation
at any stage of the court proceeding, or cause the minor to be examined by a doctor, psychiatrist, or
psychologist A minor, upon arrest, would be detained in a suitable place such as a juvenile institution,
not the county jail In each county, the Governor appointed juvenile court committees to confer with and
assist the Magistrate for Juvenile Causes The Magistrate named probation officers with constabulary
authority who were required to have at least one year's experience m social work The 1931 law, however,
did not apply to Baltimore City, or Allegany, Washington and Baltimore counties

The rate of juvenile cnme increased in the 1940s and, m Maryland, focused attention on the place of minors within
the criminal justice system After pubhc outcry, the Governor appointed a commission in 1940 and another in 1941
to study the problem They drew similar conclusions Only eight counties had juvenile courts, probation officers, or
someplace other than the county ]ad for detention of minors Only four counties had active juvenile court committees
In Baltimore City, the Juvenile Court lacked authonty to handle felonies committed by children and needed a temporary
detention center In 1943, the Maryland Commission on Juvenile Delinquency called for reform of the juvenile courts,
and for study and implementation of cnme prevention plans The Commission agreed with recommendations of the
White House Conference of 1940 that juvenile courts should adjudicate, but treatment funcnons should be assigned
to State and Incal departments of child welfare Reforming juvenile courts included ending the system of magistrates
for juvenile causes, defining the age limit for juvenile offenders, distinguishing between criminal and juvenile causes,
and giving exclusive jurisdiction for juvenile causes to the Circuit Courts of the counties and the Supreme Bench of
Baltimore City Thereafter, the juvenile causes law was revised first for Baltimore City and then for the counties

In 1943, the old magistrate court for Baltimore City was abolished and a new Circuit Court tor Juvenile
Causes established (Chapter 818, Acts of 1943) A Master of Juvenile Causes could conduct preliminary
hearings and commit children to the State Department of Pubhc Welfare For Baltimore City, the law defined
a child as being under age 16 In 1945, the State juvenile causes law was revised It abolished the magistrate
system, gave exclusive jurisdiction in juvenile cases to the county circuit court, and defined a child to be under
age 18 (Chapter 797, Acts of 1945) No longer could a child be charged with the commission of any cnme
Under the new law, a minor under age 18 could be charged only as a dependent, delinquent, neglected or
feeble-minded child Appomted by the judge, probation officers still were to make preliminary and follow up
investigations In any case concerning a child, the judge could dismiss the case, place the child on probation,
give custody of the child to a pubhc or private institution or person, or, m cases which would be a misdemeanor
or felony if committed by an adult, waive jurisdiction Some counties were not covered by the new law

Further reform came m 1969 when the concept of a "child m need of supervision" (CINS) became significant
Such a child was defined as habitually truant, disobedient, ungovernable, a clanger to himself or others, or one who
had committed an offense applicable only to children, and required guidance, treatment, or rehabihtanon (Chapter
432, Acts of 1969) Previously, a CINS had been included m the definition of delinquent child, who was redefined as
a child who had committed a delinquent act (any act which would be a cnme ifcommited by an adult) and required
supervision, treatment, or rehabihtauon Separating the two categones 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 m 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 faculty This deadline was later extended to January 1,1975 (Chapter