PARRIS N. GLENDENING, Governor

Ch. 8

(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.

(3)     The petition shall be filed within 5 days of the submission of the denial
to the Department of Juvenile [Services] JUSTICE Area Director.

3-810.1.

(b) The use of the form prescribed by subsection (a) of this section does not
preclude the Department of Juvenile [Services] JUSTICE from sending other
information, in addition to this form, to explain the intake officer's decision and advise
persons of their right to appeal the decision of the intake officer.

3-812.

(b) Petitions alleging delinquency or violation of § 3-831 shall be prepared and
filed by the State's Attorney. A petition alleging delinquency shall be filed within 30 days
after the receipt of a referral from the intake officer, unless that time is extended by the
court for good cause shown. Petitions alleging that a child is in need of supervision shall
be filed by the intake officer. Petitions alleging that a child is in need of assistance shall
be filed by the local department. If the local department does not file the petition, the
person or agency that made the complaint to the local department may submit the denial
to the Department of Juvenile [Services] JUSTICE Area Director for filing.

3-815.

(h) (1) (i) A child alleged to be in need of supervision or in need of assistance
may not be placed in detention and may not be placed in a State mental health facility.

(ii) If the child is alleged to be in need of assistance by reason of a
mental handicap, the child 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 shelter care facility approved by the court.

(iii) 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 Social Services Administration, or the Department of Juvenile
[Services] JUSTICE, or in a private home or shelter care facility approved by the court.

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