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Session Laws, 1999
Volume 796, Page 2811   View pdf image
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(3) In accordance with this section, the intake officer may, after such
inquiry and within 25 days of receiving the complaint:

(i) Authorize the filing of a petition;

(ii) Propose an informal adjustment of the matter; or

(iii) Refuse authorization to file a petition.

(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 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.

(C-1) (1) IN THIS SUBSECTION, "SERIOUSLY EMOTIONALLY DISTURBED" HAS
THE MEANING STATED IN § 15-130 OF THE HEALTH - GENERAL ARTICLE.

(2) (I) WITHIN 6 WORKING DAYS AS SOON AS POSSIBLE AND IN NO
EVENT LATER THAN 25 DAYS AFTER RECEIPT OF A COMPLAINT, THE INTAKE
OFFICER SHALL REFER DISCUSS WITH THE CHILD WHO IS THE SUBJECT OF A
COMPLAINT AND THE CHILD'S PARENT OR GUARDIAN INFORMATION REGARDING A
REFERRAL FOR A MENTAL HEALTH AND SUBSTANCE ABUSE SCREENING A OF THE
CHILD WHO IS THE SUBJECT OF A COMPLAINT.

(II) THE SCREENING REQUIRED AUTHORIZED UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE CONDUCTED BY A PERSON WHO:

1. HAS BEEN SELECTED BY THE CHILD'S PARENT OR

GUARDIAN;

2. HAS BEEN APPROVED BY THE CHILD'S HEALTH
INSURANCE CARRIER; AND

 

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Session Laws, 1999
Volume 796, Page 2811   View pdf image
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