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Session Laws, 1978
Volume 736, Page 2390   View pdf image
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2390

LAWS OF MARYLAND

Ch. 814

whether the court has jurisdiction and whether judicial
action is in the best interests of the public or the child.
He may, after such inquiry and in accordance with this
section, (i) authorize the filing of a petition, (ii)
conduct a further investigation into the allegations of the
complaint, (iii) propose an informal adjustment of the
matter, or (iv) refuse authorization to file a petition.

(c) The intake officer may authorize the filing of a
petition if, based upon the complaint and his preliminary
inquiry, he concludes that the court has jurisdiction over
the matter and that judicial action is in the best interests
of the public or the child. The intake officer shall inform
the parties, AND IF PRACTICABLE, THE COMPLAINANT, preferably
in person, of his decision to authorize the filing of a
petition and the reasons for his decision.

(h) If the complaint alleges the commission of a
delinquent act and the intake officer denies authorization
to file a petition, the complainant [may], within 15 days of
PERSONAL NOTICE TO HIM, OR THE MAILING TO HIS LAST KNOWN
ADDRESS OF the denial, MAY [submit] APPEAL the [complaint
for review by] DENIAL TO the State's attorney. The State's
attorney shall [promptly] review the [complaint] DENIAL.
If[, within 15 days,] he concludes that the court has
jurisdiction and that judicial action is in the best
interests of the public or the child, he may [authorize the
filing of] FILE a petition. THIS PETITION SHALL BE FILED
WITHIN 15 DAYS OF THE RECEIPT OF THE COMPLAINANT'S APPEAL.

(i) If the complaint does not allege the commission
of a delinquent act, the complainant [may], within 15 days
of PERSONAL NOTICE TO HIM OR THE MAILING TO HIS LAST KNOWN
ADDRESS OF the denial, MAY submit the [complaint] DENIAL for
review by the regional supervisor of the intake officer.
The supervisor shall [promptly] review the [complaint]
DENIAL. If, within 15 days, he concludes that the court has
jurisdiction and that judicial action is in the best
interests of the public and the child, he may [authorize]
DIRECT the filing of a petition in writing. THE PETITION
SHALL BE FILED WITHIN FIVE DAYS OF THE DECISION.

3-811.

(b) Any information secured or statement made by a
participant during a preliminary OR FURTHER inquiry pursuant
to § 3-810 or a study pursuant to § 3—818 may not be
admitted in evidence in any ADJUDICATORY hearing EXCEPT ON
THE ISSUE OF RESPONDENT'S COMPETENCE TO PARTICIPATE IN THE
PROCEEDINGS AND RESPONSIBILITY FOR HIS CONDUCT AS PROVIDED
IN ARTICLE 59 §25 [prior to the adjudication or in a
criminal proceeding against him] WHERE A PETITION ALLEGING
DELINQUENCY HAS BEEN FILED, OR IN A CRIMINAL PROCEEDING
prior to conviction.

(D) IF JURISDICTION IS NOT WAIVED, ANY STATEMENT MADE
BY A CHILD, HIS PARENTS, GUARDIAN, OR CUSTODIAN AT A WAIVER
HEARING MAY NOT BE ADMITTED IN EVIDENCE IN ANY ADJUDICATORY

 

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Session Laws, 1978
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