2010

LAWS OF MARYLAND

Ch. 552

[(P)] (O) "Mentally handicapped child" means a child
who is or may be mentally retarded or mentally ill.

[(q)] (P) "Party" includes a child who is the subject
of a petition, the child's parent, guardian, or custodian,
the petitioner and an adult who is charged under § 3-831 of
this subtitle.

[(r)] (Q) "Shelter care" means the temporary care of
children in physically unrestricting facilities.

3-810.

(c) (1) 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.]

(2)  THE INTAKE OFFICER SHALL INFORM THE PARTIES
OF HIS DECISION TO AUTHORIZE THE FILING OF A PETITION AND
THE REASONS FOR HIS DECISION.

(3)  IF THE FOLLOWING PERSONS ARE NOT PARTIES AND
IT IS PRACTICABLE, THE INTAKE OFFICER SHALL ALSO INFORM,
PREFERABLY IN PERSON, THESE PERSONS OF HIS DECISION TO
AUTHORIZE THE FILING OF A PETITION AND THE REASONS FOR HIS
DECISION:

(I)  THE VICTIM;

(II)  THE ARRESTING POLICE OFFICER; AND

(III)  THE PERSON OR AGENCY THAT FILED THE
COMPLAINT OR CAUSED IT TO BE FILED.

(g) If based upon the complaint, his preliminary
inquiry, and such further investigation as he may make, the
intake officer concludes that the court has no jurisdiction,
or that neither an informal adjustment nor judicial action
is appropriate, he may deny authorization to file a
petition. He shall, in that event, inform the [complainant]
FOLLOWING PERSONS, in writing, of his decision, the reasons
for it, and [the complainant's] THEIR right of review
provided in this section[.]:

(1)  THE VICTIM;

(2)  THE ARRESTING POLICE OFFICER; AND

(3)  THE PERSON OR AGENCY THAT FILED THE
COMPLAINT OR CAUSED IT TO BE FILED.