|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PARRIS N. GLENDENING, Governor
|
|
Ch. 404
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(q) The court may dismiss a petition OR A PEACE ORDER REQUEST for failure
to comply with this section only if the respondent has demonstrated actual prejudice.
3-811.
(a) A statement made by a participant while counsel and advice are being
given, offered, or sought, in the discussions or conferences incident to an informal
adjustment may not be admitted in evidence in any adjudicatory hearing OR PEACE
ORDER PROCEEDING or in a criminal proceeding against [him] THE PARTICIPANT
prior to conviction.
(b) Any information secured or statement made by a participant during a
preliminary or further inquiry pursuant to § 3-810 OF THIS SUBTITLE or a study
pursuant to § 3-818 OF THIS SUBTITLE may not be admitted in evidence in any
adjudicatory hearing OR PEACE ORDER PROCEEDING except on the issue of
respondent's competence to participate in the proceedings and responsibility for his
conduct as provided in § 12-108 of the Health - General Article where a petition
alleging delinquency has been filed, or in a criminal proceeding prior to conviction.
(c) A statement made by a child, his parents, guardian or custodian at a
waiver hearing is not admissible against him or them in criminal proceedings prior to
conviction except when the person is charged with perjury, and the statement is
relevant to that charge and is otherwise admissible.
(d) If jurisdiction is not waived, any statement made by a child, his parents,
guardian, or custodian at a waiver hearing may not be admitted in evidence in any
adjudicatory hearing unless a delinquent offense of perjury is alleged, and the
statement is relevant to that charge and is otherwise admissible.
3-812.
(a) A petition shall allege that a child is either delinquent, or in need of
assistance, or in need of supervision. If it alleges delinquency, it shall set forth in clear
and simple language the alleged facts which constitute the delinquency, and shall also
specify the laws allegedly violated by the child. If it alleges that the child is in need of
assistance or in need of supervision, the petition shall set forth in clear and simple
language the alleged facts supporting that allegation.
(b) Petitions alleging delinquency or violation of § 3-831 OF THIS SUBTITLE
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 Justice
Area Director for filing.
(C) A PEACE ORDER REQUEST SHALL BE FILED BY THE INTAKE OFFICER IN
ACCORDANCE WITH § 3-820.1(B)(1) OF THIS SUBTITLE OR THE STATE'S ATTORNEY IN
ACCORDANCE WITH § 3-820.1(B)(2) OF THIS SUBTITLE.
|
|
|
|
|
|
|
|
|
|
- 2213 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
