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S.B. 592
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VETOES
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known address, may submit the denial for review by the Department of Juvenile
Justice Area Director for the area in which the complaint was filed.
(2) The Department of Juvenile Justice Area Director shall review the
denial.
(3) If, within 15 days, the Department of Juvenile 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 Justice Area Director
may authorize the filing of a petition in writing.
(4) The petition shall be filed within 5 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 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 Justice Area Director.
(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
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- 3972 -
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