Preamble

WHEREAS, The mental health and substance abuse needs of children
entering the juvenile justice system should be identified as soon as possible; and

WHEREAS;—Early identification of the mental health and substance abuse
needs of these children serves to divert those children from going deeper into the
juvenile and criminal justice systems; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-801.

(a) In this subtitle, the following words have the meanings indicated, unless
the context of their use indicates otherwise.

(o) "Intake officer" means the person assigned to the court by the Department
of Juvenile Justice to provide the intake services set. forth in this subtitle.

(q) "Mentally handicapped child" means a child who is or may be mentally
retarded or mentally ill.

3-810.

(a) Except as provided in subsection (b) of this section, the intake officer shall
receive:

(1) Complaints from a person or agency having knowledge of facts which
may cause a person to be subject to the jurisdiction of the court; and

(2) Citations issued by a police officer under § 3-835 of this article.

(b) The local department of social services shall only receive complaints which
allege that a child is in need of assistance. Upon receipt and consideration of a
complaint, the local department shall:

(1) File a petition;

(2) Authorize the person or agency making the complaint to file a
petition; or

(3) Deny authorization to file the petition.

(c) (1) Except as otherwise provided in this subsection, in considering the
complaint, the intake officer shall make an inquiry within 25 days as to whether the
court has jurisdiction and whether judicial action is in the best interests of the public
or the child.

(2) An inquiry need not include an interview of the child who is the
subject of the complaint if the complaint alleges the commission of a delinquent act
that would be a felony if committed by an adult or alleges a violation of Article 27, §
36B of the Code.