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Session Laws, 1969
Volume 692, Page 1090   View pdf image
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1090                            LAWS OF MARYLAND                     [CH. 432

(b)  If the allegations of the petition are denied, the study and
report shall not be made and furnished to the court until the court
makes a finding with respect to the allegations in the petition.

(c)  As part of such study, the child or any parent, guardian, or
custodian may be examined at a suitable place by a physician, psy-
chiatrist, psychologist, or other professionally qualified person.

70-15.

At any stage of any proceedings under this subtitle, the court
may order emergency medical or surgical treatment of a child al-
leged to be suffering from a physical condition or illness which, in
the opinion of a licensed physician, requires immediate treatment
and the parents, guardian or other custodian are not available or,
without good cause, refuse to consent thereto.

70-16.

(a)  After a petition has been filed alleging delinquency and before
the adjudicatory hearing the court, after the notice prescribed by
the Maryland Rules, may hold a waiver hearing and waive the ex-
clusive jurisdiction conferred by Section 70-2, and may order the
child or minor held for trial under the regular procedures of the
court which would have jurisdiction over the offense if committed
by an adult.
NOTWITHSTANDING ANYTHING TO THE CON-
TRARY, JURISDICTION MAY ONLY BE WAIVED ON (1) A
CHILD WHO HAS REACHED HIS FOURTEENTH BIRTHDAY,
OR (2) A CHILD WHO HAS NOT REACHED HIS FOURTEENTH
BIRTHDAY WHO IS CHARGED WITH COMMITTING AN ACT
WHICH, IF COMMITTED BY AN ADULT, WOULD BE PUN-
ISHABLE BY DEATH OR LIFE IMPRISONMENT.

(b)  In making a determination as to waiver of jurisdiction the
Court shall consider:

(1) Age of child.

(2) Mental and physical condition of child.

(3)   The child's amenability to treatment in any institution, fa-
cility, or programs available to delinquents.

(4) The nature of the offense.
(5) The safety of the public.

(c)    An order of waiver SHALL BE CONSIDERED A FINAL
ORDER AND terminates the jurisdiction of the court over the case.
If thereafter any minor with respect to whom the court has waived
jurisdiction under this section comes within the provisions of Sec-
tion 70-2 (a) (1) the court, after summary review, may waive juris-
diction.

(d)  No child PERSON, either prior or subsequent to his 18th birth-
day, shall be prosecuted for criminal offense committed prior thereto
unless the case has been transferred as provided in this section.

(e)  For the purpose of making its determination, the court may
request that a study be made concerning the child, his family, his
environment, and other matters relevant to the disposition of the
case.


 

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Session Laws, 1969
Volume 692, Page 1090   View pdf image
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