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Session Laws, 1989
Volume 771, Page 4408   View pdf image
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Ch. 814

LAWS OF MARYLAND

jurisdiction and whether judicial action is in the best interests
of the public or the child. [He] THE INTAKE OFFICER may, after
such inquiry and in accordance with this section[,]:

(i) [authorize] AUTHORIZE the filing of a

petition[,];

(ii) [conduct] CONDUCT a further investigation
into the allegations of the complaint[,];

(iii) [propose] PROPOSE an informal adjustment
of the matter[,]; or

(iv) [refuse] REFUSE authorization to file a
petition.

(2)  If a complaint that concerns a child alleged to
be in need of assistance is brought by a local department of
social services, the intake officer shall file the petition
without further investigation.

(3)  (i) If a complaint is filed that alleges the
commission of a delinquent act [by a child who is 16 years old or
older,] which would be a felony [enumerated in Article 27, §
441(e) of the Code] if committed by an adult[, the intake officer
shall immediately forward the complaint to the State's Attorney.

(ii) If a complaint is filed that alleges the
commission of a delinquent act by a child who is 16 years old or
older, which would be a felony other than one enumerated in
Article 27, § 441(e) of the Code if committed by an adult, and if
the intake officer has denied authorization to file a petition,]
OR ALLEGES A VIOLATION OF ARTICLE 27, § 36B OF THE CODE, AND IF
THE INTAKE OFFICER DENIES AUTHORIZATION TO FILE A PETITION OR
PROPOSES AN INFORMAL ADJUSTMENT, the intake officer shall
immediately:

1.  Forward the complaint to the State's
Attorney; and

2.  Forward a copy of the entire intake
case file to the State's Attorney with information as to any and
all prior intake involvement with the child.

[(4)] (II) The State's Attorney shall make a

preliminary review as to whether the court has jurisdiction and
whether judicial action is in the best interests of the public or

the child. The need for restitution may be considered as one

factor in the public interest. After the preliminary review the

State's Attorney shall, within 30 days of the receipt of the

complaint by the State's Attorney, unless the court extends the
time:

- 4408 -

 

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Session Laws, 1989
Volume 771, Page 4408   View pdf image
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