PARRIS N. GLENDENING, Governor

H.B. 407

3-810.

(c) (4) (i) If a complaint is filed that alleges the commission of a delinquent
act which would be a felony if committed by an adult 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.

(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:

1.       File a petition;

2.       Refer the complaint to the Department of Juvenile
[Services] JUSTICE for informal disposition; or

3.       Dismiss the complaint.

(iii) This subsection may not be construed or interpreted to limit the
authority of the State's Attorney to seek a waiver under § 3-817 of this subtitle.

(i) (1) If authorization to file a petition for a complaint which alleges a child is
in need of supervision is denied, the person or agency that filed the complaint or caused
it to be filed, within 15 days of personal notice of the denial to that person or agency or
the mailing to the last known address, may submit the denial for review by the
Department of Juvenile [Services] JUSTICE Area Director for the area in which the
complaint was filed.

(2)     The Department of Juvenile [Services] JUSTICE Area Director shall
review the denial.

(3)     If, within 15 days, the Department of Juvenile [Services] JUSTICE Area
Director concludes that the court has jurisdiction and that judicial action is in the best
interests of the public and the child, the Department of Juvenile [Services] JUSTICE
Area Director may authorize the filing of a petition in writing.

(4)     The petition shall be filed within five days of the decision.

(j) (1) If authorization to file a petition for a complaint which alleges a child is
in need of assistance is denied, the person or agency that filed the complaint or caused it
to be filed, within 15 days of personal notice of the denial to that person or agency or the
mailing to the last known address, may submit the denial to the Department of Juvenile
[Services] JUSTICE Area Director for the area in which the complaint was filed.

(2) The Area Director shall authorize the filing of the petition.

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