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PARRIS N. GLENDENING, Governor
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S.B. 592
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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.
[(c)] (D) The form of petitions, PEACE ORDER REQUESTS, and all other
pleadings, and except as otherwise provided in this subtitle, the procedures to be
followed by the court, shall be as specified in the Maryland Rules.
[(d)] (E) The State's Attorney, upon assigning the reasons, may dismiss in
open court a petition alleging delinquency.
[(e)] (F) (1) The court shall conduct all hearings in an informal manner.
(2) In any proceeding in which a child is alleged to be in need of
supervision or assistance or to have committed a "delinquent act that would be a
misdemeanor if committed by an adult OR IN A PEACE ORDER PROCEEDING, the court
may exclude the general public from a hearing, and admit only the victim and those
persons having a direct interest in the proceeding and their representatives.
(3) Except as provided in paragraph (4) of this subsection, in a case in
which a child is alleged to have committed a delinquent act that would be a felony if
committed by an adult, the court shall conduct in open court any hearing or other
proceeding at which the child has a right to appear.
(4) For good cause shown, the court may exclude the general public from
a hearing or other proceeding in a case in which a child is alleged to have committed
a delinquent act that would be a felony if committed by an adult and admit only the
victim and those persons having a direct interest in the proceeding and their
representatives.
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- 3973 -
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