BLAIR LEE III, Acting Governor

2391

HEARING UNLESS A DELINQUENT OFFENSE OF PERJURY IS ALLEGED,
AND THE STATEMENT IS RELEVANT TO THAT CHARGE AND IS
OTHERWISE ADMISSIBLE.

3-812.

(b) Petitions alleging delinquency OR VIOLATION OF
SECTION 3-831 shall be prepared and filed by the State's
attorney. A PETITION ALLEGING DELINQUENCY SHALL BE FILED
WITHIN 15 DAYS AFTER THE RECEIPT OF A REFERRAL FROM THE
INTAKE OFFICER. All other petitions shall be prepared and
filed by the intake officer.

(d)       The State's attorney, upon assigning his reasons,
may dismiss IN OPEN COURT a petition alleging delinquency
[in open court].

3-815.

(c) If the child is not released, the intake officer
shall immediately file a petition to authorize continued
detention or shelter care. A hearing on the petition shall
be held not later than the next court day, unless extended
by the court upon good cause shown. Reasonable notice, oral
or written, stating the time, place, and purpose of the
hearing, shall be given to the child and, if they can be
found, his parents, guardian, or custodian. Detention and
shelter care shall not be ordered for a period of more than
30 days unless an adjudicatory OR WAIVER hearing is held.

(e)    A child alleged to be in need of supervision or
in need of assistance may not be placed in detention. If
the child is alleged to be in need of assistance by reason
of a mental handicap, he may be placed in shelter care
facilities maintained or licensed by the Department of
Health and Mental Hygiene or if these facilities are not
available, then in a private home or facility [located in
Maryland and] approved by the court. If the child is
alleged to be in need of assistance for any other reason, or
in need of supervision, he may be placed in shelter care
facilities maintained or approved by the [Department of
Employment and Social Services] SOCIAL SERVICES
ADMINISTRATION, or the Juvenile Services Administration, or
in a private home or shelter care facility approved by the
court.

3-819.

(a)    After a petition has been filed, and unless
jurisdiction has been waived, the court shall hold an
adjudicatory hearing. [The adjudicatory hearing is solely
to determine the merits of the allegations of the petition.].

(b)    Before a child is adjudicated delinquent, the
allegations in the petition THAT THE CHILD HAS COMMITTED A
DELINQUENT ACT must be proved beyond a reasonable doubt.
[An uncorroborated confession made by a child out of court
is not sufficient proof of delinquency.]