Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action — Subtitle 8A. Juvenile Causes -- Children Other Than Cinas and Adults

Is required by law to attend school and is habitually truant;

Is habitually disobedient, ungovernable, and beyond the control of the person having custody of him;

Deports himself so as to injure or endanger himself or others; or

Has committed an offense applicable only to children.

“Community detention” means a program monitored by the Department of Juvenile Services in which a delinquent child or a child alleged to be delinquent is placed in the home of a parent, guardian, custodian, or other fit person, or in shelter care, as a condition of probation or as an alternative to detention.

“Community detention” includes electronic monitoring.

Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;

Is likely to continue indefinitely;

Results in an inability to live independently without external support or continuing and regular assistance; and

Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated for the child.

Whether a child needs or requires guidance, treatment, or rehabilitation; and, if so

The nature of the guidance, treatment, or rehabilitation.

Understand the nature or object of the proceeding; or

Assist in the child’s defense.

“Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

“Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of a child as to make care or treatment necessary or advisable for the welfare of the child or for the safety of the child or property of another.

“Mental disorder” does not include an intellectual disability.

Has expertise in child development, with training in the forensic evaluation of children, as approved by the Secretary of Health;

Is familiar with the competency standards contained in this subtitle; and

Is familiar with the treatment, training, and restoration programs for children that are available in this State.

“Shelter care” means the temporary care of children in physically unrestricting facilities.

“Shelter care” does not mean care in a State mental health facility.

“Victim” means:

“Victim” includes a family member of a minor, disabled, or a deceased victim.

“Victim” includes, if the victim is not an individual, the victim’s agent or designee.

§ 5–601 of the Criminal Law Article involving the use or possession of cannabis;

§ 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;

§ 10–132 of the Criminal Law Article;

§ 10–136 of the Criminal Law Article; or

§ 26–103 of the Education Article.

To ensure that the Juvenile Justice System balances the following objectives for children who have committed delinquent acts:

To hold parents of children found to be delinquent responsible for the child’s behavior and accountable to the victim and the community;

To hold parents of children found to be delinquent or in need of supervision responsible, where possible, for remedying the circumstances that required the court’s intervention;

To provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this subtitle; and to provide for a program of treatment, training, and rehabilitation consistent with the child’s best interests and the protection of the public interest;

To conserve and strengthen the child’s family ties and to separate a child from his parents only when necessary for his welfare or in the interest of public safety;

If necessary to remove a child from his home, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents;

To provide to children in State care and custody:

To provide judicial procedures for carrying out the provisions of this subtitle.

A child:

A child who is in need of supervision;

A child who has received a citation for a violation;

Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and

Proceedings arising under the Interstate Compact on Juveniles.

The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.

The jurisdiction of the court is concurrent with that of a federal court sitting in the State over proceedings involving a violation of federal law committed by a child on a military installation of the U.S. Department of Defense if:

A child at least 14 years old alleged to have done an act that, if committed by an adult, would be a crime punishable by life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;

A child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;

A child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;

A child at least 16 years old alleged to have committed any of the following crimes, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article:

A child who previously has been convicted as an adult of a felony and is subsequently alleged to have committed an act that would be a felony if committed by an adult, unless an order removing the proceeding to the court has been filed under § 4–202 of the Criminal Procedure Article;

A peace order proceeding in which the victim, as defined in § 3–8A–01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4–501 of the Family Law Article; or

Except as provided in subsection (a)(1)(ii) of this section, a delinquency proceeding against a child who is under the age of 13 years.

A child who is 15 years old or older; or

A child who has not reached his 15th birthday, but who is charged with committing an act that, if committed by an adult, would be punishable by life imprisonment.

Notice of the waiver hearing shall be given to a victim as provided under § 11-104 of the Criminal Procedure Article.

The court may not waive its jurisdiction under this section unless it determines, from a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures.

For purposes of determining whether to waive its jurisdiction under this section, the court shall assume that the child committed the delinquent act alleged.

Age of the child;

Mental and physical condition of the child;

The child’s amenability to treatment in any institution, facility, or program available to delinquents;

The nature of the offense and the child’s alleged participation in it; and

The public safety.

If a petition, peace order request, or citation is filed under this subtitle in a county other than the county where the child is living or domiciled, the court on its own motion or on motion of a party, may transfer the proceedings to the county of residence or domicile at any time prior to final termination of jurisdiction, except that the proceedings may not be transferred until after an adjudicatory hearing if the allegation is escape or attempted escape under § 9-404 or § 9-405 of the Criminal Law Article.

In its discretion, the court to which the case is transferred may take further action.

Complaints from a person or agency having knowledge of facts which may cause a person to be subject to the jurisdiction of the court under this subtitle; and

Citations issued by a police officer under § 3–8A–33 of this subtitle.

An inquiry need not include an interview of the child who is the subject of the complaint if the complaint alleges the commission of an act that would be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article.

In accordance with this section, the intake officer shall, immediately after such inquiry:

If a complaint is filed that alleges the commission of an act by a child under the age of 13 years that, if committed by an adult, would constitute theft of a motor vehicle under § 7–105 of the Criminal Law Article, the intake officer shall authorize the filing of a petition alleging that the child is in need of supervision.

If a complaint is filed that alleges the commission of an act by a child under the age of 13 years that results in the death of a victim, the intake officer shall file a petition alleging that the child is in need of supervision.

In this subsection, “seriously emotionally disturbed” has the meaning stated in § 15–130 of the Health – General Article.

If, as a result of the screening authorized under paragraph (2) of this subsection, it is determined that the child is a mentally handicapped or seriously emotionally disturbed child, or is a substance abuser, the qualified health, mental health, or substance abuse professional or staff, no later than 5 working days after the screening, shall conduct a comprehensive mental health or substance abuse assessment of the child.

The Department of Juvenile Services and the Maryland Department of Health:

The Secretary of Juvenile Services and the Secretary of Health jointly shall adopt any regulation necessary to carry out this subsection.

The intake officer may authorize the filing of a petition or a peace order request or both if, based upon the complaint and the inquiry, the intake officer concludes that the court has jurisdiction over the matter and that judicial action is in the best interests of the public or the child.

An inquiry need not include an interview of the child who is the subject of the complaint if the complaint alleges the commission of an act that would be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law Article.

In delinquency cases, the need for restitution may be considered by the intake officer as one factor in the public interest.

The intake officer shall inform the following persons of any authorization decision specified in paragraph (1) of this subsection and the reasons for the decision:

The intake officer may propose an informal adjustment of the matter if, based on the complaint and the inquiry, the intake officer concludes that the court has jurisdiction but that an informal adjustment, rather than judicial action, is in the best interests of the public and the child.

The intake officer may not proceed with an informal adjustment unless the child and the child’s parent or guardian consent to the informal adjustment procedure.

During the informal adjustment process, the child shall be subject to such supervision as the intake officer deems appropriate and if the intake officer decides to have an intake conference, the child and the child’s parent or guardian shall appear at the intake conference.

The informal adjustment process may not exceed 90 days unless:

If the victim, the child, and the child’s parent or guardian do not consent to an informal adjustment, the intake officer shall authorize the filing of a petition or a peace order request or both or deny authorization to file a petition or a peace order request or both under subsection (g) of this section.

If based upon the complaint and the inquiry, the intake officer concludes that the court has no jurisdiction, or that neither an informal adjustment nor judicial action is appropriate, the intake officer may deny authorization to file a petition or a peace order request or both.

If the intake officer denies authorization to file a petition or a peace order request or both, the intake officer shall inform the following persons of the decision, the reasons for it, and their right of review provided in this section:

The intake officer shall inform the persons specified in paragraph (2) of this subsection by electronic means of the decision to deny authorization to file a petition for the alleged commission of a delinquent act through use of the form prescribed by § 3–8A–11 of this subtitle.

If the complaint alleges the commission of a delinquent act and the intake officer denies authorization to file a petition, the following persons may appeal the denial to the State’s Attorney:

In order for an appeal to be made, it must be received by the State’s Attorney’s office within 30 days after the form prescribed by § 3–8A–11 of this subtitle is mailed by the juvenile intake officer to the person being informed of the intake officer’s decision.

If authorization to file a petition for a complaint which alleges a child is in need of supervision or if authorization to file a peace order request 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 for review by the Department of Juvenile Services Area Director for the area in which the complaint was filed.

The Department of Juvenile Services Area Director shall review the denial.

If, within 15 days, the Department of Juvenile Services 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 Services Area Director may authorize the filing of a petition in writing.

The petition shall be filed within 5 days of the decision.

If the complaint alleges that a minor 16 years of age or older has committed an act in violation of any provision of the Maryland Vehicle Law or other traffic law or ordinance under the jurisdiction of the juvenile court, the complaint shall be filed directly with the State’s Attorney of the jurisdiction in which the alleged violation occurred.

If the State’s Attorney elects to proceed with the case, the State’s Attorney may prepare a petition for filing with the court of proper jurisdiction.

If the intake officer receives a citation, the intake officer may:

The intake officer shall forward the citation to the State’s Attorney if:

Except as provided in paragraph (2) of this subsection, within 15 days after a law enforcement officer takes a child into custody under this subtitle the law enforcement officer shall file a complaint with an intake officer.

If a child is referred to a diversion program, the law enforcement officer may file the complaint with an intake officer more than 30 days after but no later than 120 days after the law enforcement officer took the child into custody.

Subject to paragraph (2) of this subsection, at any time before an adjudicatory hearing, the court may hold the proceedings in abeyance for informal adjustment if consented to by:

The court shall conduct all hearings under this subtitle in an informal manner.

In any proceeding in which a child is alleged to be in need of supervision 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.

Notwithstanding the provisions of this subsection, in a case in which the victim of an alleged delinquent act is a child, on petition of the State’s Attorney, the court shall exclude the general public from the testimony of the victim during a hearing or other proceeding, including a proceeding at which an adjudication or disposition is announced, and admit during the testimony of the victim only the victim and those persons having a direct interest in the proceeding and their representatives, unless the court finds good cause to receive the testimony of the victim in open court.

Pursuant to an order of the court;

By a law enforcement officer pursuant to the law of arrest;

By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection;

By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child has run away from the child’s parents, guardian, or legal custodian; or

In accordance with § 3–8A–14.1 of this subtitle.

After making every reasonable effort to give actual notice to a child’s parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:

Issue a writ of attachment directing that the child be taken into custody and brought before the court; and

Proceed against the parent, guardian, or custodian for contempt.

Complete and forward a written complaint or citation to the Department of Juvenile Services for processing under § 3–8A–10 of this subtitle;

If the child was referred to an at–risk youth prevention and diversion program, as defined in § 8–601 of the Human Services Article, complete and forward a written report to the Department of Juvenile Services indicating that the child was diverted to:

Complete and forward a written report to the Department of Juvenile Services indicating that no further action was taken.

In addition to the requirements for reporting child abuse and neglect under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a child who has been detained is a victim of sex trafficking or a victim of human trafficking, the law enforcement officer shall, as soon as practicable:

A law enforcement officer who takes a child who is a suspected victim of sex trafficking or a suspected victim of human trafficking into custody under subsection (a)(3) of this section may not detain the child in a juvenile detention facility, as defined under § 9–237 of the Human Services Article, if the reason for detaining the child is a suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article.

In writing;

Signed and sworn to by the law enforcement officer; and

Accompanied by an affidavit that sets forth the basis for there being probable cause to believe that:

In this section the following words have the meanings indicated.

“Custodial interrogation” retains its judicially determined meaning.

The child has consulted with an attorney who is:

The law enforcement officer has made an effort reasonably calculated to give actual notice to the parent, guardian, or custodian of the child that the child will be interrogated.

Shall be:

May be:

May not be waived; and

Applies regardless of whether the child is proceeded against as a child under this subtitle or is charged as an adult.

A law enforcement agency conducting an interrogation under this section shall maintain a record of the notification or attempted notification of a parent, guardian, or custodian under this section, including:

Notwithstanding the requirements of this section, a law enforcement officer may conduct an otherwise lawful custodial interrogation of a child if:

There is a rebuttable presumption that a statement made by a child during a custodial interrogation is inadmissible in a delinquency proceeding or a criminal prosecution against that child if a law enforcement officer willfully failed to comply with the requirements of this section.

The State may overcome the presumption by showing, by clear and convincing evidence, that the statement was made knowingly, intelligently, and voluntarily.

This subsection may not be construed to render a statement by that child inadmissible in a proceeding against another individual.

Develop and implement policies to provide guidance and instruction to attorneys to meet the requirements of this section; and

On or before October 1, 2022, publish on its website, or provide to law enforcement on request, information on attorneys available to act as counsel to a child in accordance with this section.

Subject to paragraphs (2), (3), and (4) of this subsection, if a child is taken into custody under this subtitle, the child may be placed in detention or community detention prior to a hearing if:

An intake officer shall authorize detention for a child if the child is:

If the child is not released, the intake officer or the official who authorized detention, community detention, or shelter care under this section shall immediately file a petition to authorize continued detention, community detention, or shelter care.

A hearing on the petition shall be held not later than the next court day, unless extended for no more than 5 days by the court upon good cause shown.

Reasonable notice, oral or written, stating the time, place, and purpose of the hearing, shall be given to the child and, if they can be found, the child’s parents, guardian, or custodian.

Except as provided in paragraph (5) of this subsection, shelter care may not be ordered for a period of more than 30 days unless an adjudicatory or waiver hearing is held.

For a child in need of supervision or a delinquent child, shelter care may be extended for an additional period of not more than 30 days if the court finds after a hearing held as part of the adjudication that continued shelter care is consistent with the circumstances stated in subsections (b) and (c) of this section.

Detention or community detention may not be continued beyond emergency detention or community detention unless, upon an order of court after a hearing, the court has found that one or more of the circumstances stated in subsection (b) of this section exist.

A court order under this paragraph shall:

Shelter care may only be continued beyond emergency shelter care if the court has found that:

The court shall make a determination as to whether reasonable efforts are being made to make it possible to return the child to the child’s home or whether the absence of such efforts is reasonable.

A child alleged to be in need of supervision may not be placed in:

Subject to paragraph (1)(iii) of this subsection, a child alleged to be in need of supervision may be placed in shelter care facilities maintained or approved by the Social Services Administration or the Department of Juvenile Services or in a private home or shelter care facility approved by the court.

The Secretary of Human Services and the Secretary of Juvenile Services together, when appropriate, with the Secretary of Health shall jointly adopt regulations to ensure that any child placed in shelter care pursuant to a petition filed under subsection (d) of this section be provided appropriate services, including:

In addition to any other provision, the regulations shall require:

If a child is alleged to have committed a delinquent act, the court or a juvenile intake officer shall consider including, as a condition of releasing the child pending an adjudicatory or disposition hearing, reasonable protections for the safety of the alleged victim.

If a victim has requested reasonable protections for safety, the court or juvenile intake officer shall consider including, as a condition of releasing the child pending an adjudicatory or disposition hearing, provisions regarding no contact with the alleged victim or the alleged victim’s premises or place of employment.

Except as provided in paragraph (2) of this subsection, if a child remains in a facility used for detention, the Department of Juvenile Services shall:

A hearing required under this subsection may be waived one time on the consent of the court, the State’s Attorney, and counsel for the child.

The child;

The child’s parent or guardian;

The child’s counsel; and

The State’s Attorney.

At any time after a petition alleging that a child has committed a delinquent act is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall stay all proceedings and order that the Maryland Department of Health or any other qualified expert conduct an evaluation of the child’s competency to proceed if the court finds that:

An evaluation ordered under paragraph (1) of this subsection shall be performed by a qualified expert.

This subsection may not be construed to prohibit the State or the child from calling other expert witnesses to testify at a competency hearing.

If a child was previously detained under § 3–8A–15 of this subtitle, the court may order the child to continue to be detained beyond any period specified in § 3–8A–15 of this subtitle until the examination is completed.

If the court finds it appropriate for the health or safety of the child, or for the safety of others, the court may order confinement of the juvenile, pending the examination, in a medical facility that the Maryland Department of Health designates as appropriate.

The qualified expert shall examine the child and prepare a report stating whether, in the expert’s opinion, the child is incompetent to proceed.

In conducting the examination, the qualified expert shall review all available medical, educational, and court records concerning the child and the child’s case.

In determining whether the child is incompetent to proceed, the qualified expert shall consider the following factors:

The written report submitted by the qualified expert shall:

If the qualified expert believes that the child is incompetent to proceed, the report shall describe the treatment that the qualified expert believes is necessary for the child to attain competency to proceed, and, in a separate report, shall state whether the child poses a danger to the child or to the person or property of others.

In determining the treatment that is necessary for the child to attain competency to proceed, the qualified expert shall consider and report on the following:

All reports required under this section shall be filed with the court and served on the child’s counsel, the State’s Attorney, and the Department of Juvenile Services within 45 days after the court orders the examination.

On good cause shown, the court may extend the time period specified in paragraph (1) of this subsection for an additional 15 days.

Failure to file a complete report within the time periods specified in this subsection may not be, in and of itself, grounds for dismissal of the petition alleging delinquency.

Except as provided in paragraph (2) of this subsection, within 15 days after receipt of a report of a qualified expert, the court shall hold a competency hearing.

On good cause shown, the court may extend the time for holding the competency hearing for an additional 15 days.

The child is detained under § 3–8A–15 of this subtitle at the time of the competency hearing; and

The court finds after a hearing on the issue that:

Unless the child’s individualized treatment plan developed under § 10–706 of the Health – General Article otherwise indicates, provided services in any group with persons who are at least 18 years old;

Placed in a detention facility; or

Placed in a psychiatric hospital, except in accordance with Title 10, Subtitle 6 of the Health – General Article.

May dismiss the delinquency petition or violation of probation petition; and

After the expiration of the time periods for dismissal specified in § 3-8A-17.9 of this subtitle, shall dismiss the delinquency petition or violation of probation petition.

Has attained competency;

Remains incompetent to proceed, but may be able to attain competency in the foreseeable future; or

Remains incompetent to proceed, and is unlikely to attain competency in the foreseeable future.

The court shall hold a competency hearing in accordance with § 3–8A–17.4 of this subtitle within 15 days after the court receives the report described in subsection (a) of this section.

For good cause shown, the hearing date may be continued for a reasonable period of time.

At the competency hearing, if the court determines that the child is competent, the court shall proceed in accordance with § 3–8A–17.5 of this subtitle.

Case management and supervision of the child shall be transferred to the Department of Juvenile Services to continue proceedings under this subtitle.

If the court determines that the child remains incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court shall proceed in accordance with § 3–8A–17.7 of this subtitle.

Except as provided in item (2) of this section, committed an act that would be a felony if committed by an adult; or

Committed an act in violation of § 5–133, § 5–134, § 5–138, or § 5–203 of the Public Safety Article or § 4–203, § 4–204, or § 4–205 of the Criminal Law Article; or

Committed an act other than an act specified in item (1)(ii) of this section that would be a misdemeanor if committed by an adult; or

Committed an act that would be a felony if committed by an adult over which the District Court has exclusive original jurisdiction under Title 4, Subtitle 3 of this article.

Except as provided in paragraph (2) of this subsection, any statement made by the child or information elicited during a competency hearing, in connection with the determination of competency, or while services are being provided under this subtitle, and any report prepared by a qualified expert, may not be admitted in evidence in any proceeding except a proceeding relating to the child’s competency to proceed.

Paragraph (1) of this subsection does not apply if the counsel for the child introduces the report of the qualified expert, or any part of it, in any hearing other than a competency hearing.

In this section the following words have the meanings indicated.

“Qualifying offense” has the meaning stated in § 8–302 of the Criminal Procedure Article.

“Regional navigator” has the meaning stated in § 5–704.4 of the Family Law Article.

“Sex trafficking” has the meaning stated in § 5–701 of the Family Law Article.

“Victim of human trafficking” has the meaning stated in § 8–302 of the Criminal Procedure Article.

At any time after a petition alleging that a child has committed a qualifying offense, a violation, or an offense under § 3–1102 of the Criminal Law Article is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall:

The court:

The court shall determine, by evidence presented on the record and by a preponderance of the evidence, whether the child:

The court shall dismiss the charge for any qualifying offense, violation, or offense under § 3–1102 of the Criminal Law Article if the court finds that the child:

Before a child is adjudicated delinquent, the allegations in the petition that the child has committed a delinquent act must be proved beyond a reasonable doubt.

Before a child is found to have committed the violation charged in a citation, the allegations in the citation must be proved beyond a reasonable doubt.

The witness is at least 18 years old; and

The case was transferred to the court under § 4–202 of the Criminal Procedure Article.

After an adjudicatory hearing the court shall hold a separate disposition hearing, unless the petition or citation is dismissed or unless such hearing is waived in writing by all of the parties.

A disposition hearing may be held on the same day as the adjudicatory hearing if notice of the disposition hearing, as prescribed by the Maryland Rules, is waived on the record by all of the parties.

In making a disposition on a petition under this subtitle, the court may:

In addition to the provisions of paragraph (1) of this subsection, in making a disposition on a petition, the court may adopt a treatment service plan, as defined in § 3–8A–20.1 of this subtitle.

A child committed under paragraph (1)(ii) of this subsection may not be accommodated in a facility that has reached budgeted capacity if a bed is available in another comparable facility in the State, unless the placement to the facility that has reached budgeted capacity has been recommended by the Department of Juvenile Services.

The court shall consider any oral address made in accordance with § 11–403 of the Criminal Procedure Article or any victim impact statement, as described in § 11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a petition.

If a child placed in community detention under an electronic monitoring agreement under this subsection violates the agreement, the Department of Juvenile Services shall notify within 24 hours after the violation:

In addition to the dispositions under paragraph (1) of this subsection, the court also may:

The child has a mental disorder;

The child needs inpatient medical care or treatment for the protection of himself or others;

The child is unable or unwilling to be voluntarily admitted to such facility; and

There is no less restrictive form of intervention available which is consistent with the child’s condition and welfare.

The child has an intellectual disability;

The condition is of such a nature that for the adequate care or protection of the child or others, the child needs in–residence care or treatment; and

There is no less restrictive form of care and treatment available which is consistent with the child’s welfare and safety.

Any commitment order issued under subsection (h) or (i) of this section shall require the Maryland Department of Health to file progress reports with the court at intervals no greater than every 6 months during the life of the order. The Maryland Department of Health shall provide the child’s attorney of record with a copy of each report. The court shall review each report promptly and consider whether the commitment order should be modified or vacated. After the first 6 months of the commitment and at 6–month intervals thereafter upon the request of any party, the Department or facility, the court shall grant a hearing for the purpose of determining if the standards specified in subsection (h) or (i) of this section continue to be met.

If, at any time after the commitment of the child to a State mental hospital under this section, the individualized treatment plan developed under § 10–706 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (h) of this section, then the court shall grant a hearing to review the commitment order. The court may grant a hearing at any other time for the purpose of determining if the standards specified in subsection (h) of this section continue to be met.

If, at any time after the commitment of the child to a State facility for individuals with an intellectual disability under this section, the individualized plan of habilitation developed under § 7–1006 of the Health – General Article recommends that a child no longer meets the standards specified in subsection (i) of this section, then the court shall grant a hearing to review the commitment order. The court may grant a hearing at any other time for the purpose of determining if the standards specified in subsection (i) of this section continue to be met.

Except as provided in paragraph (2) of this subsection, after an inquiry conducted in accordance with § 3–8A–10 of this subtitle, an intake officer may file with the court a peace order request that alleges the commission of any of the following acts against a victim by the respondent, if the act occurred within 30 days before the filing of the complaint under § 3–8A–10 of this subtitle:

After a review conducted in accordance with § 3–8A–10(c)(4)(ii) of this subtitle, the State’s Attorney may file with the court a peace order request that meets the requirements of paragraph (1) of this subsection.

If a peace order request is filed under § 3-8A-19.1(b) of this subtitle, the respondent shall have an opportunity to be heard on the question of whether the court should issue a peace order.

If the court finds by clear and convincing evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3-8A-19.1(b) of this subtitle against the victim, or if the respondent consents to the entry of a peace order, the court may issue a peace order to protect the victim.

The peace order may include any or all of the following relief:

If the court issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the victim.

All relief granted in a peace order shall be effective for the period stated in the order, not to exceed 6 months.

If the court issues an order under this section, the court may impose reasonable court costs against a respondent, or the respondent’s parent, guardian, or custodian.

A copy of the peace order served on the respondent in accordance with subsection (a) of this section constitutes actual notice to the respondent of the contents of the peace order.

Service is complete upon mailing.

In this section the following words have the meanings indicated.

“Good cause” includes a child having two or more unexcused absences from a treatment program that the child is ordered to attend as a condition of probation, unless the child has substantially completed the treatment program.

“Technical violation” means a violation of probation that does not involve:

Except as provided in paragraph (2) of this subsection, if the most serious offense committed by a child would be a misdemeanor if committed by an adult, the court may place the child on probation for a period not exceeding 1 year.

Subject to paragraph (3) of this subsection, the court may, after a hearing, extend the probation by periods not exceeding 3 months if the court finds that:

The total period of the probation, including extensions of the probation, may not exceed 2 years.

Except as provided in paragraph (2) of this subsection, if the most serious offense committed by a child would be a felony if committed by an adult, the court may place the child on probation for a period not exceeding 2 years.

Except as provided in paragraph (3) of this subsection, a child may not waive the right to the assistance of counsel in a proceeding under this subtitle.

A parent, guardian, or custodian of a child may not waive the child’s right to the assistance of counsel.

After a petition or citation has been filed with the court under this subtitle, if a child indicates a desire to waive the right to the assistance of counsel, the court may not accept the waiver unless:

In determining whether the waiver is knowing and voluntary, the court shall consider, after appropriate questioning in open court and on the record, whether the child fully comprehends:

A party is not entitled to the assistance of counsel at a peace order proceeding.

Paragraph (1) of this subsection does not affect the entitlement of a respondent to the assistance of counsel in a contempt proceeding as provided by law.

Unless the case is dismissed, if a child appears in court without counsel for a waiver hearing under § 3–8A–06 of this subtitle, or an adjudicatory hearing under § 3–8A–18 of this subtitle, and the child has not previously waived the right to the assistance of counsel in accordance with subsection (b) of this section, the court shall continue and the clerk shall reschedule the waiver or adjudicatory hearing.

The clerk shall issue a notice of the date, time, and location of the hearing at least 10 days prior to the date of the hearing.

The continuance of a waiver or adjudicatory hearing under this subsection may not be a basis for detaining the child under § 3–8A–15 of this subtitle.

In this section, “treatment service plan” means a plan recommended at a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing under this section by the Department of Juvenile Services to the court proposing specific assistance, guidance, treatment, or rehabilitation of a child.

In making a treatment service plan, a juvenile counselor shall meet with the child who is the subject of the treatment service plan and the child’s parent, guardian, or legal custodian to discuss the treatment service plan.

If a child’s parent, guardian, or legal custodian is unable or refuses to meet with the juvenile counselor, the treatment service plan shall indicate that the parent, guardian, or legal custodian is unable or refuses to meet, and the reason for the inability or refusal to meet, if known.

At a minimum, the treatment service plan shall include:

In making a disposition on a petition under § 3–8A–19 of this subtitle, if the court adopts a treatment service plan, the Department of Juvenile Services shall ensure that implementation of the treatment service plan occurs within 25 days after the date of disposition.

If a treatment service plan requires specified supervision, mentoring, mediation, monitoring, or placement, implementation of the treatment service plan is considered to have occurred only when the supervision, mentoring, mediation, monitoring, or placement occurs.

The Department of Juvenile Services shall provide certification in writing to the court within 25 days after the date of disposition whether implementation of the treatment service plan has occurred and explain attempts made to ensure implementation.

The Department of Juvenile Services shall forward a copy of the certification described in paragraph (3) of this subsection to the Commission on Juvenile Justice Reform and Emerging and Best Practices under § 9–3502 of the State Government Article so that the Commission may evaluate patterns of failed implementation.

If a treatment service plan is not implemented by the Department of Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall schedule, within 7 days after receipt of the certification, a disposition review hearing to be held within 30 days after receipt of the certification.

The court shall give at least 7 days’ notice of the date and time of the disposition review hearing to each party and to the Department of Juvenile Services.

The court shall hold a disposition review hearing unless the Department of Juvenile Services certifies in writing to the court prior to the hearing that implementation of the treatment service plan has occurred.

At a disposition review hearing, the court may:

A child may not be committed or transferred to any public or private facility or institution unless the child is placed in accommodations that are separate from other persons 18 years of age or older who are confined to that facility or institution; and

The child may not be treated in any group with persons who are 18 years of age or older.

An adjudication of a child pursuant to this subtitle is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

An adjudication and disposition of a child in which the child’s driving privileges have been suspended may not affect the child’s driving record or result in a point assessment. The State Motor Vehicle Administration may not disclose information concerning or relating to a suspension under this subtitle to any insurance company or person other than the child, the child’s parent or guardian, the court, the child’s attorney, a State’s Attorney, or law enforcement agency.

Subject to paragraph (4) of this subsection, an adjudication of a child as delinquent by reason of the child’s violation of the State vehicle laws, including a violation involving an unlawful taking or unauthorized use of a motor vehicle under § 7–105 or § 7–203 of the Criminal Law Article or § 14–102 of the Transportation Article or driving an off–highway recreational vehicle on a highway under § 13–401(b) of the Transportation Article shall be reported by the clerk of the court to the Motor Vehicle Administration, which shall assess points against the child under Title 16, Subtitle 4 of the Transportation Article, in the same manner and to the same effect as if the child had been convicted of the offense.

In any criminal proceeding prior to conviction;

In any adjudicatory hearing on a petition alleging delinquency; or

In any civil proceeding not conducted under this subtitle.

The juvenile counselor shall visit the child at the child’s placement no less than once every month, if the placement is in the State;

The court may order the juvenile counselor to visit the child more frequently than required by item (1) of this subsection if the court deems it to be in the child’s best interests; and

The court may require the custodian to file periodic written progress reports, with recommendations for further supervision, treatment, or rehabilitation.

Is or may be detrimental or harmful to a child over whom the court has jurisdiction;

Will tend to defeat the execution of an order or disposition made or to be made; or

Will assist in the rehabilitation of or is necessary for the welfare of the child; and

A police record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as otherwise provided in § 7–303 of the Education Article.

This subsection does not prohibit:

A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as provided in §§ 7–303 and 22–309 of the Education Article.

This subsection does not prohibit access to and the use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article in a proceeding in the court involving the child, by personnel of the court, the State’s Attorney, counsel for the child, a court–appointed special advocate for the child, or authorized personnel of the Department of Juvenile Services.

This subsection does not prohibit access to and confidential use of a court record by the Commission on Juvenile Justice Reform and Emerging and Best Practices if the Commission is performing the functions described under § 9–3502 of the State Government Article.