In this subtitle the following words have the meanings indicated, unless the context of their use indicates otherwise. “Adjudicatory hearing” means a hearing under this subtitle to determine whether the allegations in the petition, other than allegations that the child requires treatment, guidance, or rehabilitation, are true. “Adult” means an individual who is at least 18 years old. “Child” means an individual under the age of 18 years. “Child in need of supervision” is a child who requires guidance, treatment, or rehabilitation and: 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. “Citation” means the written form issued by a police officer which serves as the initial pleading against a child for a violation and which is adequate process to give the court jurisdiction over the person cited. “Commit” means to transfer legal custody. “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. “Competency hearing” means a hearing under this subtitle to determine whether a child alleged to be delinquent is mentally competent to participate in a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing. “Court” means the circuit court for a county sitting as the juvenile court. “Custodian” means a person or agency to whom legal custody of a child has been given by order of the court, other than the child’s parent or legal guardian. “Delinquent act” means an act which would be a crime if committed by an adult. “Delinquent child” is a child who has committed a delinquent act and requires guidance, treatment, or rehabilitation. “Detention” means the temporary care of children who, pending court disposition, require secure custody for the protection of themselves or the community, in physically restricting facilities. “Developmental disability” means a severe chronic disability of a child that: 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. “Disposition hearing” means a hearing under this subtitle to determine: Whether a child needs or requires guidance, treatment, or rehabilitation; and, if so The nature of the guidance, treatment, or rehabilitation. “Incompetent to proceed” means that a child is not able to: Understand the nature or object of the proceeding; or Assist in the child’s defense. “Intake officer” means the person assigned to the court by the Department of Juvenile Services to provide the intake services set forth in this subtitle. “Intellectual disability” means a developmental disability that is evidenced by intellectual functioning that is significantly below average and impairment in the adaptive behavior of a child. “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. “Mentally handicapped child” means a child who has or may have an intellectual disability or a mental disorder. “Party” includes a child who is the subject of a petition or a peace order request, the child’s parent, guardian, or custodian, the petitioner and an adult who is charged under § 3–8A–30 of this subtitle. “Peace order proceeding” means a proceeding under § 3–8A–19.2 or § 3–8A–19.4 of this subtitle. “Peace order request” means the initial pleading filed with the court under § 3–8A–19.1 of this subtitle. “Petition” means the pleading filed with the court under § 3–8A–13 of this subtitle alleging that a child is a delinquent child or a child in need of supervision or that an adult violated § 3–8A–30 of this subtitle. “Qualified expert” means a licensed psychologist or licensed psychiatrist who: 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. “Respondent” means the individual against whom a petition or a peace order request is filed. “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: A person who suffers direct or threatened physical, emotional, or financial harm as a result of a delinquent act; or An individual against whom an act specified in § 3–8A–19.1(b) of this subtitle is committed or alleged to have been committed. “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. “Violation” means a violation for which a citation is issued under: § 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. “Witness” means any person who is or expects to be a State’s witness.

The purposes of this subtitle are: To ensure that the Juvenile Justice System balances the following objectives for children who have committed delinquent acts: Public safety and the protection of the community; Accountability of the child to the victim and the community for offenses committed; and Competency and character development to assist children in becoming responsible and productive members of society; 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: A safe, humane, and caring environment; and Access to required services; and To provide judicial procedures for carrying out the provisions of this subtitle. This subtitle shall be liberally construed to effectuate these purposes.

In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over: A child: Who is at least 13 years old alleged to be delinquent; or Except as provided in subsection (d) of this section, who is at least 10 years old alleged to have committed an act: That, if committed by an adult, would constitute: A crime of violence, as defined in § 14–101 of the Criminal Law Article; A crime involving handguns under § 4–203 or § 4–204 of the Criminal Law Article; A crime involving firearms under § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public Safety Article; Aggravated cruelty to animals under § 10–606 of the Criminal Law Article; or Sexual offense in the third degree under § 3–307 of the Criminal Law Article; or Arising out of the same incident as an act listed in item 1 of this item; 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 court has concurrent jurisdiction over proceedings against an adult for the violation of § 3–8A–30 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State’s Attorney or the adult charged under § 3–8A–30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure. 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: The federal court waives exclusive jurisdiction; and The violation of federal law is also a crime under State law. The court does not have jurisdiction over: 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: Abduction; Kidnapping; Any crime punishable by life imprisonment; Second degree murder; Manslaughter, except involuntary manslaughter; Second degree rape; Robbery under § 3–403 of the Criminal Law Article; Third degree sexual offense under § 3–307(a)(1) of the Criminal Law Article; A crime in violation of § 5–203 of the Public Safety Article; Carjacking or armed carjacking under § 3–405 of the Criminal Law Article; Attempted murder in the second degree under § 2–206 of the Criminal Law Article; Attempted rape in the second degree under § 3–310 of the Criminal Law Article; Attempted robbery under § 3–403 of the Criminal Law Article; or A violation of § 4–204, § 4–404, or § 4–405 of the Criminal Law 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. If the child is charged with two or more violations of the Maryland Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the charges. A child under the age of 13 years may not be charged with a crime.

The provisions of §§ 3–806, 3–807, and 3–829 of this title govern judges, magistrates, and local juvenile court committees under this subtitle.

If a person is alleged to be delinquent, the age of the person at the time the alleged delinquent act was committed controls the determination of jurisdiction under this subtitle. If a person is alleged to have committed an act under § 3-8A-19.1(b) of this subtitle, the age of the person at the time the alleged act was committed controls the determination of jurisdiction under this subtitle. In all other cases under this subtitle the age of the child at the time the petition is filed controls the determination of jurisdiction under this subtitle. In a delinquency proceeding there is no presumption of incapacity as a result of infancy for a child who is at least 7 years old.

The court may waive the exclusive jurisdiction conferred by § 3–8A–03 of this subtitle with respect to a petition alleging delinquency by: 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. The court may not waive its jurisdiction under this section until after it has conducted a waiver hearing, held prior to an adjudicatory hearing and after notice has been given to all parties as prescribed by the Maryland Rules. The waiver hearing is solely to determine whether the court should waive its jurisdiction. Notice of the waiver hearing shall be given to a victim as provided under § 11-104 of the Criminal Procedure Article. A victim may submit a victim impact statement to the court as provided in § 11-402 of the Criminal Procedure Article. This paragraph does not preclude a victim who has not filed a notification request form under § 11-104 of the Criminal Procedure Article from submitting a victim impact statement to the court. The court may consider a victim impact statement in determining whether to waive jurisdiction under this section. 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. In making its determination, the court shall consider the following criteria individually and in relation to each other on the record: 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 jurisdiction is waived under this section, the court shall order the child held for trial under the regular procedures of the court which would have jurisdiction over the offense if committed by an adult. The petition alleging delinquency shall be considered a charging document for purposes of detaining the child pending a bail hearing. An order waiving jurisdiction is interlocutory. If the court has once waived its jurisdiction with respect to a child in accordance with this section, and that child is subsequently brought before the court on another charge of delinquency, the court may waive its jurisdiction in the subsequent proceeding after summary review.

If the court obtains jurisdiction over a child under this subtitle, that jurisdiction continues until that person reaches 21 years of age unless terminated sooner. This section does not affect the jurisdiction of other courts over a person who commits an offense after the person reaches the age of 18. Unless otherwise ordered by the court, the court’s jurisdiction is terminated over a person who has reached 18 years of age when he is convicted of a crime, including manslaughter by automobile, unauthorized use or occupancy of a motor vehicle, any violation of Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article, or § 21-902 of the Transportation Article, but excluding a conviction for a violation of any other traffic law or ordinance or any provision of the State Boat Act, or the fish and wildlife laws of the State. A person subject to the jurisdiction of the court may not be prosecuted for a criminal offense committed before he reached 18 years of age unless jurisdiction has been waived. The court has exclusive original jurisdiction, but only for the purpose of waiving it, over a person 21 years of age or older who is alleged to have committed a delinquent act while a child.

If a petition alleges that a child is in need of supervision, the petition shall be filed in the county where the child resides. If delinquency or violation of § 3-8A-30 of this subtitle is alleged or if a citation is issued, the petition, if any, or the citation shall be filed in the county where the alleged act occurred subject to transfer as provided in § 3-8A-09 of this subtitle. A peace order request shall be filed in the county where the alleged act occurred subject to transfer as provided in § 3-8A-09 of this subtitle. If the alleged delinquent act is escape or attempted escape under § 9-404 or § 9-405 of the Criminal Law Article, the petition, if any, shall be filed and the adjudicatory hearing held in the county where the alleged escape or attempted escape occurred unless the court in the county of the child’s domicile requests a transfer. For purposes of the disposition hearing, proceedings may be transferred as provided in § 3-8A-09 of this subtitle to the court exercising jurisdiction over the child at the time of the alleged act.

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. Every document, social history, and record on file with the clerk of the court pertaining to the case shall accompany the transfer.

This section does not apply to allegations that a child is in need of assistance, as defined in § 3–801 of this title. An intake officer shall receive: 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. Except as provided in subparagraph (ii) of this paragraph, in considering the complaint, the intake officer shall make an inquiry within 15 business days as to whether the court has jurisdiction and whether judicial action is in the best interests of the public or the child. If a law enforcement officer requests that the intake officer authorize detention for a child under § 3–8A–15 of this subtitle and the intake officer does not authorize detention, the intake officer shall make an inquiry within 2 business days as to whether the court has jurisdiction and whether 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 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: Authorize the filing of a petition or a peace order request or both; Propose an informal adjustment of the matter; or Refuse authorization to file a petition or a peace order request or both. If a complaint is filed that alleges the commission of an act which 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, and if the intake officer denies authorization to file a petition or proposes an informal adjustment, the intake officer shall immediately: Forward the complaint to the State’s Attorney; and 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. If a complaint is filed that alleges the commission of a delinquent act by a child who was under the supervision of the Department of Juvenile Services at the time of the alleged delinquent act, and if the intake officer denies authorization to file a petition or proposes informal adjustment, the intake officer shall immediately: Forward the complaint to the State’s Attorney; and 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. 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: File a petition or a peace order request or both; Refer the complaint to the Department of Juvenile Services for informal disposition; or Dismiss the complaint. This paragraph may not be construed to prohibit an intake officer from proceeding with an informal adjustment while the State’s Attorney conducts a preliminary review under subparagraph (ii) or (iii) of this paragraph. This subsection may not be construed or interpreted to limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle. 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. As soon as possible and in no event later than 25 days after receipt of a complaint, the intake officer shall 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 of the child. The screening authorized under subparagraph (i) of this paragraph shall be conducted by a person who: Has been selected by the child’s parent or guardian; Has been approved by the child’s health insurance carrier; and Is: A qualified health, mental health, or substance abuse professional; or Staff trained by a qualified health, mental health, or substance abuse professional. Within 15 days of the date of the discussion with the child and the child’s parent or guardian, the intake officer shall document whether the child’s parent or guardian made an appointment for a mental health and substance abuse screening of the child who is the subject of a complaint. 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: May not disclose to any person any information received by the departments relating to a specific mental health and substance abuse screening or assessment conducted under this section that could identify the child who was the subject of the screening or assessment; and May make public other information unless prohibited by law. 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 child who is the subject of the complaint, if practicable; The parent, guardian, or custodian of the child who is the subject of the complaint; The victim; The arresting police officer; and The person or agency that filed the complaint or caused it to be filed. 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. Except as provided in subparagraph (ii) of this paragraph, the intake officer shall propose an informal adjustment by informing the victim, the child, and the child’s parent or guardian of the nature of the complaint, the objectives of the adjustment process, and the conditions and procedures under which it will be conducted. Except as otherwise provided in this subsection, the intake officer may proceed with an informal adjustment without informing the victim as required by subparagraph (i) of this paragraph if the intake officer has made reasonable efforts to contact the victim for the purpose of informing the victim under subparagraph (i) of this paragraph. 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: That time is extended by the court; or The intake officer determines that additional time is necessary for the child to participate in a substance–related disorder treatment program or a mental health program that is part of the informal adjustment process. 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 at any time before the completion of an agreed upon informal adjustment the intake officer believes that the informal adjustment cannot be completed successfully, 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 the intake officer denies authorization to file a petition or a peace order request under subparagraph (i) of this paragraph, the intake officer shall immediately forward to the State’s Attorney: The complaint; and A copy of the entire intake case file with information as to any prior intake involvement with the child. 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 victim; The arresting police officer; and The person or agency that filed the complaint or caused it to be filed. 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: The victim; The arresting police officer; and The person or agency that filed the complaint or caused it to be filed. 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. The State’s Attorney shall review the denial. If the State’s Attorney concludes that the court has jurisdiction and that judicial action is in the best interests of the public or the child, the State’s Attorney may file a petition. This petition shall be filed within 30 days of the receipt of the complainant’s appeal. 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: Refer the child to an alcohol or substance abuse education or rehabilitation program; Assign the child to a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for the second or subsequent violation; Require the parent or guardian of the child to withdraw the parent’s or guardian’s consent to the child’s license to drive, and advise the Motor Vehicle Administration of the withdrawal of consent; or Forward the citation to the State’s Attorney. The intake officer shall forward the citation to the State’s Attorney if: The parent or guardian of the child refuses to withdraw consent to the child’s license to drive; The child fails to comply with an alcohol or substance abuse education or rehabilitation program referral; or The child fails to comply with a supervised work program assignment. 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. 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. 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 State’s Attorney; The child who is the subject of the petition and the child’s counsel; and The court. If the child successfully completes the informal adjustment, the court shall dismiss the delinquency petition. If the child does not successfully complete the informal adjustment, the court shall resume proceedings under this subtitle against the child.

An intake officer shall use the following form to inform persons, in accordance with § 3–8A–10 of this subtitle, of his decision to deny authorization to file a petition for the alleged commission of a delinquent act: Date:��(Date�form�is�mailed) Re:� .............................................................. Offense�No:� ................................................ Date�of�Offense:� ......................................... Nature of Offense:� ..................................... ............................................................. ............................................................. ............................................................. Dear�.................................................. : I have reviewed the facts concerning the offense referred to above and have decided not to authorize juvenile court action. This decision included consideration of the facts of the case and the juvenile’s involvement. Home, school, and community adjustment along with parental concern and control were examined. Past history with the police and court was also considered. The reasons for this decision are as follows: ...........�The juvenile was issued a reprimand and warned against future involvement     in delinquent activities. ...........�The juvenile is currently under supervision of the juvenile court. ...........�The juvenile will receive informal supervision by this intake officer. This will     include counseling, and possibly referral to a program or agency to further     work with problems seen as important to the juvenile’s future adjustment. ...........�The juvenile has successfully completed a pretrial program of intensive     counseling and supervision of 45 to 90 days, and has shown a satisfactory     adjustment during this time. ...........�This case is not legally sufficient. Additional Comments: ..................................................................................................... ............................................................................................................................................ ............................................................................................................................................ If you disagree with this decision and desire to appeal, you must fill in the form provided below and send it to the State’s Attorney’s office so that it is received in that office by .......... (Date) If you have any questions or want to talk about this case with me before making a decision on whether to appeal, please call me at............................ (Phone�Number) However, if you do this, it will not extend the 30–day period within which you are allowed to appeal. Sincerely, .................................................................... Intake Officer ..................................................................... ..................................................................... If you disagree with the above decision of the intake officer, fill out the form below and send it to: ......................................................�����������(To be filled in by intake officer prior to ......................................................�����������mailing to person being informed of intake ......................................................�����������decision) (Name and address of appropriate State’s Attorney authority) Re: ................................................    (To be filled in by intake officer prior to Offense: ........................................    mailing to person being informed of intake Date of Offense: ...........................    decision) Nature of Offense: ....................... I have been informed by the juvenile intake officer of his decision not to forward this case for action in the juvenile court. I disagree with this decision and ask that the State’s Attorney’s office review it and decide whether court proceedings should be carried out. .................................................................... Signed The use of the form prescribed by subsection (a) of this section does not preclude the Department of Juvenile Services from sending other information, in addition to this form, to explain the intake officer’s decision and advise persons of their right to appeal the decision of the intake officer.

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 the participant prior to conviction. Any information secured or statement made by a participant during a preliminary or further inquiry pursuant to § 3–8A–10 of this subtitle or a study pursuant to § 3–8A–17 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 § 3–109 of the Criminal Procedure Article where a petition alleging delinquency has been filed, or in a criminal proceeding prior to conviction. 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. 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.

A petition shall allege that a child is either delinquent 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 supervision, the petition shall set forth in clear and simple language the alleged facts supporting that allegation. Petitions alleging delinquency or violation of § 3–8A–30 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. A peace order request shall be filed by the intake officer in accordance with § 3–8A–19.1(b)(1) of this subtitle or the State’s Attorney in accordance with § 3–8A–19.1(b)(2) of this subtitle. The form of petitions, peace order requests, and all other pleadings under this subtitle, and except as otherwise provided in this subtitle, the procedures to be followed by the court under this subtitle, shall be as specified in the Maryland Rules. The State’s Attorney, upon assigning the reasons, may dismiss in open court a petition alleging delinquency. 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. Except as provided in subparagraph (ii) of this paragraph, 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. 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. Except as provided in subparagraph (ii) of this paragraph, the court shall announce in open court adjudications and dispositions in cases where a child is alleged to have committed a delinquent act which would be a felony if committed by an adult. For good cause shown, the court may exclude the general public from a proceeding at which an adjudication or disposition is announced 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. The court shall try cases without a jury. The court shall hear and rule on a petition seeking an order for emergency medical treatment on an expedited basis.

A child may be taken into custody under this subtitle by any of the following methods: 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. If a law enforcement officer takes a child into custody, the officer shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian in a manner reasonably calculated to give actual notice of the action. The notice required under subparagraph (i) of this paragraph shall: Include the child’s location; Provide the reason for the child being taken into custody; and Instruct the parent, guardian, or custodian on how to make immediate in–person contact with the child. 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: Release the child to the child’s parents, guardian, or custodian or to any other person designated by the court, upon their written promise to bring the child before the court when requested by the court, and such security for the child’s appearance as the court may reasonably require, unless the child’s placement in detention or shelter care is permitted and appears required by § 3–8A–15 of this subtitle; or Deliver the child to the court or a place of detention or shelter care designated by the court. If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may: 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. If a child is taken into custody under this subtitle by a law enforcement officer pursuant to the law of arrest, the law enforcement officer shall: 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: A law enforcement diversion program, including a diversion program operated by a local State’s Attorney; A diversion program operated by another agency or organization; A local care team; or Another community–based service provider; or Complete and forward a written report to the Department of Juvenile Services indicating that no further action was taken. In this subsection the following words have the meanings indicated. “Qualifying offense” has the meaning stated in § 8–302 of the Criminal Procedure 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. 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: Notify an appropriate regional navigator, as defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking or a suspected victim of human trafficking so the regional navigator can coordinate a service response; Report to the local child welfare agency that the child is a suspected victim of sex trafficking or a suspected victim of human trafficking; and Release the child to the child’s parents, guardian, or custodian if it is safe and appropriate to do so, or to the local child welfare agency if there is reason to believe that the child’s safety will be at risk if the child is returned to the child’s parents, guardian, or custodian. 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. The Supreme Court of Maryland may adopt rules concerning age–appropriate language to be used to advise a child who is taken into custody of the child’s rights.

After an inquiry conducted in accordance with § 3–8A–10 of this subtitle, an intake officer may file with the court an application for an arrest warrant prepared by a law enforcement officer. An application for an arrest warrant under this section shall be: 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: The child who is the subject of the warrant has committed a delinquent act; and Unless the child who is the subject of the warrant is taken into custody, the child: Is likely to leave the jurisdiction of the court; May not be apprehended; May cause physical injury or property damage to another; or May tamper with, dispose of, or destroy evidence. An arrest warrant requested under subsection (a) of this section may only be issued by the court on a finding of probable cause and shall direct the law enforcement officer to take immediate custody of the child.

In this section the following words have the meanings indicated. “Custodial interrogation” retains its judicially determined meaning. “Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article. “Law enforcement officer” includes a school resource officer, as defined in § 7–1501 of the Education Article. A law enforcement officer may not conduct a custodial interrogation of a child until: The child has consulted with an attorney who is: Retained by the parent, guardian, or custodian of the child; or Provided by the Office of the Public Defender; and 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. A consultation with an attorney under this section: Shall be: Conducted in a manner consistent with the Maryland Rules of Professional Conduct; and Confidential; and May be: In person; or By telephone or video conference. To the extent practicable and consistent with the Maryland Rules of Professional Conduct, an attorney providing consultation under this section shall communicate and coordinate with the parent, guardian, or custodian of the child in custody. The requirement of consultation with an attorney under this section: 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: A signed statement by a duly authorized law enforcement officer employed by the agency that an attempt to notify a parent, guardian, or custodian was made; The name of the person sought to be notified; and The method of attempted notification. A law enforcement agency conducting an interrogation under this section shall maintain a record of the name of the attorney contacted and the county or counties in which the attorney provided the consultation. An attorney contacted to provide legal consultation to a child under this subtitle shall provide to a law enforcement officer the information required for the record required to be maintained under subparagraph (i) of this paragraph. Notwithstanding the requirements of this section, a law enforcement officer may conduct an otherwise lawful custodial interrogation of a child if: The law enforcement officer reasonably believes that the information sought is necessary to protect against a threat to public safety; and The questions posed to the child by the law enforcement officer are limited to those questions reasonably necessary to obtain the information necessary to protect against the threat to public safety. Unless it is impossible, impracticable, or unsafe to do so, an interrogation conducted under paragraph (1) of this subsection shall be recorded. In a jurisdiction that has adopted the use of body–worn digital recording devices by law enforcement officers, the interrogation of a child may be recorded using a body–worn digital recording device in a manner that is consistent with departmental policies regarding the use of body–worn digital recording devices. In a jurisdiction that has not adopted the use of body–worn digital recording devices, the interrogation of a child may be recorded using other video and audio recording technology in a manner that is consistent with any policies of the law enforcement agency regarding the use of video and audio recording technology. A child being interrogated under this subsection shall be informed if the interrogation is being recorded. 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. The Office of the Public Defender shall: 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.

Only the court or an intake officer may authorize detention, community detention, or shelter care for a child who may be in need of supervision or delinquent. 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: Such action is required to protect the child or others; or The child is likely to leave the jurisdiction of the court. In this paragraph, “risk scoring instrument” means a tool, a metric, an algorithm, or software that: Is used to assist in determining the eligibility of a child for release before a hearing; and Has been independently validated at least once in the preceding 5 years. The court or an intake officer shall consider the results of a risk scoring instrument before placing a child in detention. Subject to subparagraph (ii) of this paragraph, a child alleged to have committed a delinquent act may not be placed in detention before a hearing if the most serious offense would be a misdemeanor if committed by an adult, unless: The act would be 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 if committed by an adult; The child has been adjudicated delinquent at least twice in the preceding 2 years; or The child was under the supervision of the Department of Juvenile Services when the alleged act occurred; and The alleged act, if committed by an adult, would be subject to a penalty of imprisonment of more than 2 years and would not constitute assault in the second degree under § 3–203 of the Criminal Law Article. Except as provided in subsection (e) of this section, a child under the age of 13 may not be placed in detention if: The act would be 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; and The child has not previously been adjudicated delinquent for an act that would be a violation § 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. An intake officer shall authorize detention for a child if the child is: At least 16 years old; and Accused of an act that, if committed by an adult, would be: A violation of § 4–203 of the Criminal Law Article; or A crime of violence, as defined in § 14–101 of the Criminal Law Article. A child taken into custody under this subtitle may be placed in emergency shelter care or community detention prior to a hearing if: Such action is required to protect the child or person and property of others; The child is likely to leave the jurisdiction of the court; or There is no parent, guardian, or custodian or other person able to provide supervision and care for the child and return the child to the court when required; and Continuation of the child in the child’s home is contrary to the welfare of the child; and Removal of the child from the child’s home is reasonable under the circumstances due to an alleged emergency situation and in order to provide for the safety of the child; or Reasonable but unsuccessful efforts have been made to prevent or eliminate the need for removal from the child’s home; and As appropriate, reasonable efforts are being made to return the child to the child’s home. 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. An adjudicatory or waiver hearing shall be held no later than 30 days after the date a petition for detention or community detention is granted. If a child is detained or placed in community detention after an adjudicatory hearing, a disposition hearing shall be held no later than 14 days after the adjudicatory hearing. Detention or community detention time may be extended in increments of not more than 14 days where the petition charges the child with a delinquent act and where the court finds, after a subsequent hearing, that extended detention or community detention is necessary either: For the protection of the child; or For the protection of the community. 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: Contain a written determination of whether or not the criteria contained in subsection (c)(1) and (2) of this section have been met; and Specify which of the circumstances stated in subsection (b) of this section exist. If the court has not specifically prohibited community detention, the Department of Juvenile Services may release the child from detention into community detention and place the child in: Shelter care; or The custody of the child’s parent, guardian, custodian, or other person able to provide supervision and care for the child and to return the child to court when required. If a child who has been released by the Department of Juvenile Services or the court into community detention violates the conditions of community detention, and it is necessary to protect the child or others, an intake officer may authorize the detention of the child. The Department of Juvenile Services shall promptly notify the court of: The release of a child from detention under subparagraph (i) of this paragraph; or The return to detention of a child under subparagraph (ii) of this paragraph. If a child is returned to detention under subparagraph (ii) of this paragraph, the intake officer who authorized detention shall immediately file a petition to authorize continued detention. A hearing on the petition to authorize continued detention shall be held no later than the next court day, unless extended for no more than 5 days by the court on 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 located, the child’s parents, guardian, or custodian. Shelter care may only be continued beyond emergency shelter care if the court has found that: Continuation of the child in the child’s home is contrary to the welfare of the child; and Removal of the child from the child’s home is necessary due to an alleged emergency situation and in order to provide for the safety of the child; or Reasonable but unsuccessful efforts were made to prevent or eliminate the need for removal of the child from the home. If the court continues shelter care on the basis of an alleged emergency, the court shall assess whether the absence of efforts to prevent removal was reasonable. If the court finds that the absence of efforts to prevent removal was not reasonable, the court shall make a written determination so stating. 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 delinquent may not be detained in a jail or other facility for the detention of adults. A child alleged to be in need of supervision may not be placed in: Detention or community detention; A State mental health facility; or A shelter care facility that is not operating in compliance with applicable State licensing laws. 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: Health care services; Counseling services; Education services; Social work services; and Drug and alcohol abuse assessment or treatment services. In addition to any other provision, the regulations shall require: The Department of Juvenile Services to develop a plan within 45 days of placement of a child in a shelter care facility to assess the child’s treatment needs; and The plan to be submitted to all parties to the petition and their counsel. The intake officer or the official who authorized detention, community detention, or shelter care under this subtitle shall immediately give written notice of the authorization for detention, community detention, or shelter care to the child’s parent, guardian, or custodian and to the court. The notice shall be accompanied by a statement of the reasons for taking the child into custody and placing him in detention, community detention, or shelter care. This notice may be combined with the notice required under subsection (d) of this section. 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: Within 14 days after the child’s initial detention, appear at a hearing before the court with the child to explain the reasons for continued detention; and Every 14 days thereafter, appear at another hearing before the court with the child to explain the reasons for continued detention. 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. Within 10 days after a decision to detain a child under this subtitle in a facility used for detention, the Department of Juvenile Services shall submit a plan to the court for releasing the child into the community.

The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court or the intake officer immediately when a person, who is or appears to be under the age of 18 years, is received at the facility and shall deliver him to the court upon request or transfer him to the facility designated by the intake officer or the court, unless the court has waived its jurisdiction with respect to the person and he is being proceeded against as an adult. When a case is transferred to another court for criminal prosecution, the child shall promptly be transferred to the appropriate officer or adult detention facility in accordance with the law governing the detention of persons charged with crime. A child may not be transported together with adults who have been charged with or convicted of a crime unless the court has waived its jurisdiction and the child is being proceeded against as an adult.

After a petition has been filed with the court under this subtitle, but before an adjudication, the court may order the child to undergo blood lead level testing. A copy of the results of a test performed under subsection (a) of this section shall be provided to: The child; The child’s parent or guardian; The child’s counsel; and The State’s Attorney.

After a petition or a citation has been filed with the court under this subtitle, the court may direct the Department of Juvenile Services or another qualified agency to make a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case. As part of a study under this section, the child or any parent, guardian, or custodian may be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified person. The report of a study under this section is admissible as evidence at a waiver hearing and at a disposition hearing, but not at an adjudicatory hearing. However, the attorney for each party has the right to inspect the report prior to its presentation to the court, to challenge or impeach its findings and to present appropriate evidence with respect to it.

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: There is probable cause to believe that the child has committed the delinquent act; and There is reason to believe that the child may be incompetent to proceed with a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing. 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. Any motion questioning the child’s competency to proceed, and any subsequent legal pleading relating to the child’s competency to proceed, shall be served on the child’s counsel, the State’s Attorney, the Department of Juvenile Services, and the Maryland Department of Health.

The court shall set and may change the conditions under which the examination is to be conducted. On consideration of the nature of the petition, the court may require the examination to be conducted on an outpatient basis if the child was previously detained under § 3–8A–15 of this subtitle and shall require the examination to be conducted on an outpatient basis if the child was not previously detained under § 3–8A–15 of this subtitle. 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 child’s age, maturity level, developmental stage, and decision–making abilities; The capacity of the child to: Appreciate the allegations against the child; Appreciate the range and nature of allowable dispositions that may be imposed in the proceedings against the child; Understand the roles of the participants and the adversary nature of the legal process; Disclose to counsel facts pertinent to the proceedings at issue; Display appropriate courtroom behavior; and Testify relevantly; and Any other factors that the qualified expert deems to be relevant. The written report submitted by the qualified expert shall: Identify the specific matters referred for evaluation; Describe the procedures, techniques, and tests used in the examination and the purposes of each; State the qualified expert’s clinical observations, findings, and opinions on each factor specified in paragraph (3) of this subsection, and identify those factors, if any, on which the qualified expert could not give an opinion; and Identify the sources of information used by the qualified expert and present the factual basis for the qualified expert’s clinical findings and opinions. 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: The mental illness, intellectual disability, developmental immaturity, or other developmental disability causing the child to be incompetent to proceed; The treatment or education appropriate for the mental illness, intellectual disability, developmental immaturity, or other developmental disability of the child, and an explanation of each of the possible treatment or education alternatives, in order of recommendation; The likelihood of the child attaining competency to proceed under the treatment or education recommended, an assessment of the probable duration of the treatment required to attain competency, and the probability that the child will attain competency to proceed in the foreseeable future; and Whether the child meets the criteria for involuntary admission under Title 10, Subtitle 6, Part III of the Health – General Article. 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. Counsel for the child may be present at an examination under this section.

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. At the competency hearing, the court shall determine, by evidence presented on the record, whether the juvenile is incompetent to proceed. Findings of fact shall be based on the evaluation of the child by the qualified expert. The State shall bear the burden of proving the child’s competency beyond a reasonable doubt.

At a competency hearing, if the court determines that the child is competent, the court shall enter an order stating that the child is competent, lift the stay imposed under § 3-8A-17.1 of this subtitle, and proceed with the delinquency petition or violation of probation petition in accordance with the time periods specified in this subtitle and in the Maryland Rules.

At a competency hearing, if the court determines that the child is incompetent to proceed, but that there is a substantial probability that the child may be able to attain competency in the foreseeable future and that services are necessary to attain competency, the court may order the Maryland Department of Health to provide competency attainment services for the child for an initial period of not more than 90 days. Any competency attainment services shall be provided in the least restrictive environment. Subject to subsection (d) of this section, the court may order a child to be placed in a facility for children if: 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: Placement in a facility is necessary to protect the child or others, or the child is likely to leave the jurisdiction of the court; and No less restrictive alternative placement is available that will protect the child or the community or prevent the child from leaving the jurisdiction of the court. A child may not be: 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.

At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, has a mental disorder, as defined in § 10-620 of the Health - General Article, and is a danger to the life or safety of the child or others, the court may order a petition for emergency evaluation under § 10-622 of the Health - General Article. At a competency hearing, if the court determines that the child is incompetent to proceed, is unlikely to attain competency in the foreseeable future, and has a developmental disability, as defined in § 7-101 of the Health - General Article, the court may order the Developmental Disabilities Administration to evaluate the child within 30 days to determine the child’s eligibility for services under Title 7 of the Health - General Article. At a competency hearing, if the court determines that the child is incompetent to proceed and is unlikely to attain competency in the foreseeable future, the court: 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.

If the court orders the Maryland Department of Health to provide competency attainment services under § 3–8A–17.6 of this subtitle, the Maryland Department of Health shall file a written report with the court, with notice to counsel of the submission of the report, within 90 days after the court order, stating whether, in the opinion of the Department, the child: 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. Subject to the time periods for dismissal of the case specified in § 3–8A–17.9 of this subtitle, if the court determines that the child remains incompetent to proceed, but may be able to attain competency in the foreseeable future, the court may order that services be continued in increments of not more than 6 months. Within 6 months after the court orders additional services under subparagraph (i) of this paragraph, the Maryland Department of Health shall file a written report as described in subsection (a) of this section. 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 subparagraph (ii) of this paragraph. For good cause shown, the hearing date may be continued for a reasonable period of time. 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.

The court shall dismiss the delinquency petition or the violation of probation petition if the child has not attained competency within: 18 months after the date of the finding of incompetency if the child is alleged to have: 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 6 months after the date of the finding of incompetency if the child is alleged to have: 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.

At any time before an adjudication under this subtitle, a hearing on a preliminary motion on another issue, including an objection to the sufficiency of the petition, may be conducted without the child being present if the child’s testimony is not required. 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 any competency hearing under this subtitle, it is presumed that the child did not commit the act alleged in the petition.

The secretaries of Health, Human Services, and Juvenile Services, and the State Superintendent of Schools shall jointly adopt regulations to carry out the provisions of this subtitle relating to competency.

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: Make the determination required under paragraph (3) of this subsection; Stay all proceedings until the determination is made; and Refer the child to a regional navigator and notify the Department of Human Services. The court: Shall schedule a hearing within 15 days after a motion is filed under paragraph (1) of this subsection; and May, on good cause shown, extend the time for the hearing an additional 15 days. The court shall determine, by evidence presented on the record and by a preponderance of the evidence, whether the child: Is a victim of sex trafficking or a victim of human trafficking; and Committed the qualifying offense, violation, or offense under § 3–1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or being a victim of human trafficking. 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: Is a victim of sex trafficking or a victim of human trafficking; and Committed the qualifying offense, violation, or offense under § 3–1102 of the Criminal Law Article as a direct result of being a victim of sex trafficking or being a victim of human trafficking.

The provisions of this section do not apply to a peace order request or a peace order proceeding. After a petition or citation has been filed with the court under this subtitle, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing. 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. If an adult is charged under this subtitle, the allegations must be proved beyond a reasonable doubt. In all other cases under this subtitle the allegations must be proved by a preponderance of the evidence. A court may issue a body attachment for witnesses as provided by Maryland Rule 4–267, if: The witness is at least 18 years old; and The case was transferred to the court under § 4–202 of the Criminal Procedure Article.

The provisions of this section do not apply to a peace order request or a peace order proceeding. 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. The priorities in making a disposition are consistent with the purposes specified in § 3–8A–02 of this subtitle. In making a disposition on a petition under this subtitle, the court may: Subject to § 3–8A–19.6 of this subtitle, place the child on probation or under supervision in his own home or in the custody or under the guardianship of a relative or other fit person, upon terms the court deems appropriate, including community detention; Subject to the provisions of paragraphs (2) and (3) of this subsection, commit the child to the custody or under the guardianship of the Department of Juvenile Services, the Maryland Department of Health, or a public or licensed private agency on terms that the court considers appropriate to meet the priorities set forth in § 3–8A–02 of this subtitle, including designation of the type of facility where the child is to be accommodated, until custody or guardianship is terminated with approval of the court or as required under § 3–8A–24 of this subtitle; or Order the child, parents, guardian, or custodian of the child to participate in rehabilitative services that are in the best interest of the child and the family. 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 may not be committed to the Department of Juvenile Services for out–of–home placement if the most serious offense is: Possession of cannabis under § 5–601(c)(2)(ii) of the Criminal Law Article; An offense that would be a misdemeanor if committed by an adult, unless the offense involves a firearm; A technical violation, as defined in § 3–8A–19.6 of this subtitle; or A first–time violation for making a false statement, report, or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article. This paragraph may not be construed to prohibit the court from committing the child to another appropriate agency. 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 the court finds that a child enrolled in a public elementary or secondary school is delinquent or in need of supervision and commits the child to the custody or under the guardianship of the Department of Juvenile Services, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child has been found to be delinquent or in need of supervision and has been committed to the custody or under the guardianship of the Department of Juvenile Services. If the court rescinds the commitment order for a child enrolled in a public elementary or secondary school, the court may notify the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent of the fact that the child is no longer committed to the custody of the Department of Juvenile Services. The notice authorized under subparagraphs (i) and (ii) of this paragraph may not include any order or pleading related to the delinquency or child in need of supervision case. 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: The juvenile court; The office of the State’s Attorney; and The child’s defense attorney. Subject to the provisions of subparagraphs (iii) and (iv) of this paragraph, in making a disposition on a finding that the child has committed the violation specified in a citation, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days. In this paragraph, “driver’s license” means a license or permit to drive a motor vehicle that is issued under the laws of this State or any other jurisdiction. In making a disposition on a finding that the child has committed a violation of § 10–113 of the Criminal Law Article specified in a citation that involved the use of a driver’s license or a document purporting to be a driver’s license, the court may order the Motor Vehicle Administration to initiate an action under the Maryland Vehicle Law to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration: For a first offense, for 6 months; and For a second or subsequent offense, until the child is 21 years old. In making a disposition on a finding that the child has committed a violation under § 26–103 of the Education Article, the court shall order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days. If a child subject to a suspension under this subsection does not hold a license to operate a motor vehicle on the date of the disposition, the suspension shall commence: If the child is at least 16 years of age on the date of the disposition, on the date of the disposition; or If the child is younger than 16 years of age on the date of the disposition, on the date the child reaches the child’s 16th birthday. In addition to the dispositions under paragraph (1) of this subsection, the court also may: Counsel the child or the parent or both, or order the child to participate in an alcohol or a substance abuse education or rehabilitation program that is in the best interest of the child; or Order the child to participate in a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for the second and subsequent violations. In making a disposition on a finding that the child has committed a violation of Title 4, Subtitle 5 or § 9–504 or § 9–505 of the Criminal Law Article, the court may order the Motor Vehicle Administration to initiate an action, under the Maryland Vehicle Law, to suspend the driving privilege of a child for a specified period not to exceed: For a first offense, 6 months; and For a second or subsequent offense, 1 year or until the person is 21 years old, whichever is longer. If a child subject to a suspension under this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence: If the child is at an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date of the disposition; or If the child is younger than an age that is eligible to obtain the privilege to drive on the date of the disposition, on the date the child is eligible to obtain driving privileges. In making a disposition on a finding that the child has committed a violation under § 21–1128 of the Transportation Article, the court shall order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of a child licensed to operate a motor vehicle by the Motor Vehicle Administration for a specified period of not less than 30 days nor more than 90 days. If a child subject to a suspension under this paragraph does not possess the privilege to drive on the date of the disposition, the suspension shall commence: If, on the date of the disposition, the child is at an age that makes a child eligible to obtain the privilege to drive, on the date of the disposition; or If, on the date of the disposition, the child is younger than an age that makes a child eligible to obtain the privilege to drive, on the date the child is eligible to obtain driving privileges. A guardian appointed under this section has no control over the property of the child unless he receives that express authority from the court. A child may be placed in an emergency facility on an emergency basis under Title 10, Subtitle 6, Part IV of the Health – General Article. The court may not commit a child to the custody of the Maryland Department of Health under this section for inpatient care and treatment in a State mental hospital unless the court finds on the record based upon clear and convincing evidence that: 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 court may not commit a child to the custody of the Maryland Department of Health under this section for inpatient care and treatment in a State facility for individuals with an intellectual disability unless the court finds on the record based upon clear and convincing evidence that: 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.

In this section and in §§ 3–8A–19.2, 3–8A–19.3, and 3–8A–19.4 of this subtitle, “victim” means an individual against whom an act described in subsection (b) of this section is committed or alleged to have been committed. 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: An act that causes serious bodily harm; An act that places the victim in fear of imminent serious bodily harm; Assault in any degree; Rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree; False imprisonment; Harassment under § 3–803 of the Criminal Law Article; Stalking under § 3–802 of the Criminal Law Article; Trespass under Title 6, Subtitle 4 of the Criminal Law Article; Malicious destruction of property under § 6–301 of the Criminal Law Article; Misuse of telephone facilities and equipment under § 3–804 of the Criminal Law Article; Misuse of electronic communication or interactive computer service under § 3–805 of the Criminal Law Article; Revenge porn under § 3–809 of the Criminal Law Article; or Visual surveillance under § 3–901, § 3–902, or § 3–903 of the Criminal Law Article. 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.

In this section, “residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence. 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: Order the respondent to refrain from committing or threatening to commit an act specified in § 3-8A-19.1(b) of this subtitle against the victim; Order the respondent to refrain from contacting, attempting to contact, or harassing the victim; Order the respondent to refrain from entering the residence of the victim; Order the respondent to remain away from the place of employment, school, or temporary residence of the victim; and Direct the respondent or the victim to participate in professionally supervised counseling. 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 shall be served on the victim, the respondent, the appropriate law enforcement agency, and any other person the court determines is appropriate, in open court or, if the person is not present at the peace order hearing, by first-class mail to the person’s last known address. 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.

The court may modify or rescind the peace order during the term of the peace order after: Giving notice to the victim and the respondent; and A hearing.

A violation of any of the provisions of a peace order specified in § 3-8A-19.2(c)(1)(i), (ii), (iii), or (iv) of this subtitle is a delinquent act. A law enforcement officer shall take into custody a child whom the officer has probable cause to believe is in violation of a peace order in effect at the time of the violation.

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: An arrest or a summons issued by a commissioner on a statement of charges filed by a law enforcement officer; A violation of a criminal prohibition, or an act that would be a violation of a criminal prohibition if committed by an adult, other than a minor traffic offense; A violation of a no–contact or stay–away order; or Absconding. This section does not apply to an offense committed by a child that, if committed by an adult, would be a felony and a crime of violence under § 14–101 of the Criminal Law Article. The court may not place a child on probation for a term exceeding that provided in this section. 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: There is good cause to extend the probation; and The purpose of extending the probation is to ensure that the child completes a treatment or rehabilitative program or service. 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. 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: There is good cause to extend the probation; and The purpose of extending the probation is to ensure that the child completes a treatment or rehabilitative program or service. Except as provided in paragraph (3) of this subsection, if the probation is extended under this paragraph, the total period of the probation may not exceed 3 years. Subject to subparagraph (ii) of this paragraph, the court may extend the period of the probation for a period of time greater than the period described in paragraph (2)(ii) of this subsection if, after a hearing, the court finds by clear and convincing evidence that: There is good cause to extend the probation; and Extending the probation is in the best interest of the child. If the probation is extended under this paragraph, the total period of probation, including extensions under paragraph (2) of this subsection, may not exceed 4 years. Notwithstanding any other provision of this section, if a child is found to have committed a violation of probation, except for a technical violation, a court may, after a hearing, place the child on a new term of probation for a period that is consistent with the period of probation that may be imposed under this section for the delinquent act for which the child was originally placed on probation.

In this section, “technical violation” has the meaning stated in § 3–8A–19.6 of this subtitle. A child may not be placed in a facility used for detention for a technical violation.

Except as provided in subsection (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle. 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: The child is in the presence of counsel and has consulted with counsel; and The court determines that the waiver is knowing and voluntary. 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: The nature of the allegations and the proceedings, and the range of allowable dispositions; That counsel may be of assistance in determining and presenting any defenses to the allegations of the petition, or other mitigating circumstances; That the right to the assistance of counsel in a delinquency case, or a child in need of supervision case, includes the right to the prompt assignment of an attorney, without charge to the child if the child is financially unable to obtain private counsel; That even if the child intends not to contest the charge or proceeding, counsel may be of substantial assistance in developing and presenting material that could affect the disposition; and That among the child’s rights at any hearing are the right to call witnesses on the child’s behalf, the right to confront and cross–examine witnesses, the right to obtain witnesses by compulsory process, and the right to require proof of any charges. 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 Office of the Public Defender shall enter an appearance for the child. After entry of its appearance, the Office of the Public Defender shall verify eligibility for continued public defender representation in accordance with § 16–210 of the Criminal Procedure Article and the Maryland Rules. 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: The recommended level of supervision for the child; Specific goals for the child and family to meet, along with timelines for meeting those goals; A statement of any condition that the child’s parent, guardian, or legal custodian must change in order to alleviate any risks to the child; A statement of the services to be provided to the child and child’s family; and Any other information that may be necessary to make a disposition consistent with the child’s best interests and the protection of the public interest. 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: Revise, in accordance with the provisions of § 3–8A–19 of this subtitle, the disposition previously made; and Revise the treatment service plan previously adopted. This section may not be construed to provide entitlement to services not otherwise provided by law. The Supreme Court of Maryland may adopt rules to implement the provisions of this section.

The court may order emergency medical, dental, or surgical treatment of a child alleged to be suffering from a condition or illness which, in the opinion of a licensed physician or dentist, as the case may be, requires immediate treatment, if the child’s parent, guardian, or custodian is not available or, without good cause, refuses to consent to the treatment.

A child may not be detained at, or committed or transferred to, a correctional facility, as defined in § 1-101 of the Correctional Services Article, except in accordance with § 3-8A-16 of this subtitle. A child who is not delinquent may not be committed or transferred to a facility used for the confinement of delinquent children. Unless an individualized treatment plan developed under § 10-706 of the Health - General Article indicates otherwise: 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. An adjudication of a child as delinquent by reason of the child’s violation of § 21–902 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child’s violation of § 21–902 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration which shall suspend the child’s license to drive as provided in § 16–206(b) of the Transportation Article: For 1 year for a first adjudication as delinquent or finding of a delinquent act for a violation of § 21–902 of the Transportation Article; and For 2 years for a second or subsequent adjudication as delinquent or finding of a delinquent act for a violation of § 21–902 of the Transportation Article. In the case of a finding, without an adjudication, that a child has violated § 21–902 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16–117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment. An adjudication of a child as delinquent by reason of the child’s violation of § 13–401(b)(2), § 20–102, § 20–103, or § 21–904 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child’s violation of § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration that shall suspend the child’s license to drive as provided in § 16–206(b) of the Transportation Article: For 6 months for a first adjudication as delinquent or finding of a delinquent act for a violation of § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article; and For 1 year for a second or subsequent adjudication as delinquent or finding of a delinquent act for a violation of § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article. In the case of a finding, without an adjudication, that a child has violated § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16–117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment. An adjudication and disposition of a child pursuant to this subtitle are not admissible as evidence against the child: 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. Evidence given in a proceeding under this subtitle is not admissible against the child in any other proceeding in another court, except in a criminal proceeding where the child is charged with perjury and the evidence is relevant to that charge and is otherwise admissible. An adjudication or disposition of a child under this subtitle shall not disqualify the child with respect to employment in the civil service of the State or any subdivision of the State.

Except as provided in subsections (b) and (c) of this section, an order under this subtitle vesting legal custody in an individual, agency, or institution is effective for an indeterminate period of time. An order providing for custody of a child adjudicated delinquent or in need of supervision may not exceed three years from the date entered. However, the court may renew the order upon its own motion, or pursuant to a petition filed by the individual, institution, or agency having legal custody after notice and hearing as prescribed by the Maryland Rules. An order under this section is not effective after the child becomes 21 years old.

If a child is committed under this subtitle to an individual or to a public or private agency or institution: 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. If a child is placed on probation under § 3–8A–19.6 of this subtitle, the court shall be provided with a progress report if the child has two or more unexcused absences from a treatment program that the child is ordered to attend as a condition of probation.

Pursuant to the procedure provided in the Maryland Rules, the court may make an appropriate order directing, restraining, or otherwise controlling the conduct of a person who is properly before the court under this subtitle, if: The court finds that the conduct: 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 Notice of the application or motion and its grounds has been given as prescribed by the Maryland Rules.

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: Access to and confidential use of the record by the Department of Juvenile Services or in the investigation and prosecution of the child by any law enforcement agency; Access to and confidential use of the record by the Baltimore City Mayor’s Office of Neighborhood Safety and Engagement, the Baltimore City Mayor’s Office of Children and Family Success, and the Baltimore City Mayor’s Office of African American Male Engagement, if the office is providing programs and services to a child who is the subject of the record, for a purpose relevant to the provision of the programs and services and the development of a comprehensive treatment plan; A law enforcement agency of the State or of a political subdivision of the State, the Department of Juvenile Services, or the criminal justice information system from including in the law enforcement computer information system information about: An outstanding juvenile court ordered writ of attachment or an outstanding criminal court ordered writ of attachment, for the sole purpose of apprehending a child named in the writ; An outstanding criminal court issued warrant, for the sole purpose of apprehending a child named in the warrant; or A missing child as defined in § 9–401 of the Family Law Article; or A law enforcement agency of the State or of a political subdivision of the State, when necessary and for the sole purposes of facilitating apprehension of a child and ensuring public safety, from releasing to the public photographs and identifying information of a child who: Has escaped from: A detention center for juveniles; A secure residential facility for juveniles; or A correctional unit as defined in § 2–401 of the Correctional Services Article; Is a missing child as defined in § 9–401 of the Family Law Article; or The court does not have jurisdiction over pursuant to § 3–8A–03(d)(1), (4), or (5) of this subtitle and who is subject to: Arrest; or An arrest warrant issued by a criminal court. Prior to the access to and confidential use of a record by a Baltimore City Mayor’s office specified in paragraph (2)(ii) of this subsection, the office shall: Enter into a written memorandum of understanding with the agency disclosing the record; and Obtain express written consent in a single document from the parent or guardian of the child who is the subject of the record. A Baltimore City Mayor’s office specified in paragraph (2)(ii) of this subsection shall be liable for the unauthorized release of a police record it accesses under this subsection. 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. Except as provided in subparagraph (ii) of this paragraph, this subsection does not prohibit access to and confidential use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article by the Department of Juvenile Services or in an investigation and prosecution by a law enforcement agency. The court record or fingerprints of a child described under §§ 10–215(a)(20) and (21), 10–216, and 10–220 of the Criminal Procedure Article may not be disclosed to: A federal criminal justice agency or information center; or Any law enforcement agency other than a law enforcement agency of the State or a political subdivision of the State. The Department of Juvenile Services may provide access to and the confidential use of the court record of a child by an agency in the District of Columbia or a state agency in Delaware, Pennsylvania, Virginia, or West Virginia, if the agency: Performs the same functions in the jurisdiction of the agency as described in § 9–216(a) of the Human Services Article; and Has a reciprocal agreement with the State that provides that the specific information to be shared by the State is the same type of information that will be shared by the agency. A record that is shared under this paragraph may only provide information that is relevant to the supervision, care, and treatment of the child. The Department of Juvenile Services shall be liable for an unauthorized release of a court record under this paragraph. The Department of Juvenile Services shall adopt regulations to implement this paragraph. This subsection does not prohibit access to and use of a court record by a judicial officer who is authorized under the Maryland Rules to determine a defendant’s eligibility for pretrial release, counsel for the defendant, the State’s Attorney, or the Maryland Division of Pretrial Detention and Services if: The individual who is the subject of the court record is charged as an adult with an offense; The access to and use of the court record is strictly limited for the purpose of determining the defendant’s eligibility for pretrial release; and The court record concerns an adjudication of delinquency that occurred within 3 years of the date the individual is charged as an adult. The Supreme Court of Maryland may adopt rules to implement the provisions of this paragraph. This subsection does not prohibit access to and confidential use of a court record by the Department of Human Services or a local department of social services: For the purpose of claiming federal Title IV–B and Title IV–E funds; or If the Department of Human Services or a local department of social services is providing treatment, services, or care to a child who is the subject of the record. The Department of Human Services and local departments of social services shall keep a court record obtained under this paragraph confidential in accordance with the laws and policies applicable to the Department of Human Services and local departments of social services. This subsection does not prohibit access to and confidential use of a court record by the Maryland Department of Health or a local health department if the Maryland Department of Health or a local health department is providing treatment, services, or care in coordination with the Department of Juvenile Services to a child who is the subject of the record, for a purpose relevant to the provision of the treatment, services, or care. The Maryland Department of Health and local health departments shall keep a court record obtained under this paragraph confidential in accordance with the laws and policies applicable to the Maryland Department of Health and local health departments. 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. This subsection does not prohibit access to and confidential use of a court record by the Baltimore City Mayor’s Office of Neighborhood Safety and Engagement, the Baltimore City Mayor’s Office of Children and Family Success, and the Baltimore City Mayor’s Office of African American Male Engagement, if the office is providing programs and services in conjunction with the Department of Juvenile Services to a child who is the subject of the record, for purposes directly related to supporting the treatment, rehabilitation, reentry planning, or continuity of care. Prior to the access to and confidential use of a record by a Baltimore City Mayor’s office specified in subparagraph (i) of this paragraph, the office shall: Enter into a written memorandum of understanding with the Department of Juvenile Services that: Identifies the specific records to be shared; Defines the purpose and necessity of the disclosure; Limits the use of the records to the purposes described in this paragraph; Prohibits redisclosure of the records to any other person; and Requires compliance with applicable State and federal confidentiality laws; and Obtain express written consent in a single document from the parent or guardian of the child who is the subject of the record. A Baltimore City Mayor’s office specified in subparagraph (i) of this paragraph shall be liable for the unauthorized release of a court record it accesses under this paragraph. The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed, and, upon petition or on its own motion, shall order them sealed after the child has reached 21 years of age. If sealed, the court records of a child may not be opened, for any purpose, except by order of the court upon good cause shown. This section does not prohibit access to or use of any juvenile record by the Maryland Division of Parole and Probation or the Maryland Parole Commission when the Division or the Commission is carrying out any of their statutory duties either at the direction of a court of competent jurisdiction, or when the Maryland Parole Commission is carrying out any of its statutory duties, if the record concerns a charge or adjudication of delinquency. This section does not prohibit access to and use of any juvenile record by the Maryland Division of Correction when the Division is carrying out any of its statutory duties if: (1) the individual to whom the record pertains is committed to the custody of the Division; and (2) the record concerns an adjudication of delinquency. Subject to the provisions of §§ 9–219 and 9–220 of the Human Services Article, this section does not prohibit access to or use of any juvenile record for criminal justice research purposes. A record used under this subsection may not contain the name of the individual to whom the record pertains, or any other identifying information which could reveal the individual’s name. This section does not prohibit a victim or victim’s representative who has filed a notification request form from being notified of proceedings and events involving the defendant or child as provided in this subtitle, the Criminal Procedure Article, or the Criminal Law Article. This section does not prohibit the Department of Public Safety and Correctional Services or a supervising authority, as defined in § 11–701 of the Criminal Procedure Article, from accessing or using the part of a juvenile record that identifies an offense committed by a juvenile for purposes of complying with Title 11, Subtitle 7 of the Criminal Procedure Article.

In this section the following words have the meanings indicated. “Expungement” has the meaning stated in § 10–101 of the Criminal Procedure Article. “Juvenile record” means a court record and police record concerning a child alleged or adjudicated delinquent or in need of supervision or who has received a citation for a violation. “Victim” means a person against whom a delinquent act has been committed or attempted. A person may file a petition for expungement of the person’s juvenile record in the court in which the petition or citation was filed. The court shall have a copy of the petition for expungement served on: All listed victims in the case in which the person is seeking expungement at the address listed in the court file; All family members of a victim listed in item (i) of this paragraph who are listed in the court file as having attended the adjudication for the case in which the person is seeking expungement; and The State’s Attorney. The court may order a juvenile record expunged if: The State’s Attorney enters a nolle prosequi; The petition is dismissed; The court, in an adjudicatory hearing, does not find that the allegations in the petition are true; The adjudicatory hearing is not held within 2 years after a petition is filed; or The court, in a disposition hearing, finds that the person does or does not require guidance, treatment, or rehabilitation; The person has attained the age of 18 years and at least 2 years have elapsed since the last official action in the person’s juvenile record; The person has not been adjudicated delinquent more than once; The person has not subsequently been convicted of any offense; No delinquency petition or criminal charge is pending against the person; The person has not been adjudicated delinquent for an offense that, if committed by an adult, would constitute: A crime of violence as defined in § 14–101 of the Criminal Law Article; A violation of § 3–308 of the Criminal Law Article; or A felony; The person was not required to register as a sex offender under § 11–704(c) of the Criminal Procedure Article; The person has not been adjudicated delinquent for an offense involving the use of a firearm, as defined in § 5–101 of the Public Safety Article, in the commission of a crime of violence, as defined in § 14–101 of the Criminal Law Article; and The person has fully paid any monetary restitution ordered by the court in the delinquency proceeding. The court shall consider the best interests of the person, the person’s stability in the community, and the safety of the public in its consideration of the petition for expungement. If no objection is filed, the court may grant the petition without a hearing. If the court finds that a petition fails on its face to meet the requirements under subsection (c) of this section, the court may deny the petition without a hearing. The following persons may file an objection to a petition under this section: A listed victim in the case in which the person is seeking expungement; A family member of a victim listed in item A of this subsubparagraph who is listed in the court file as having attended the adjudication for the case in which the person is seeking expungement; and The State’s Attorney. Except as provided under paragraph (2) of this subsection, if a person listed in subsubparagraph 1 of this subparagraph files an objection to the petition within 30 days after the petition is served, the court shall hold a hearing. The court may hold a hearing on its own initiative. If, after a hearing, the court finds that the person is entitled to expungement, the court shall order the expungement of all court records and police records relating to the delinquency or child in need of supervision petition or the citation. If, after a hearing, the court finds that the person is not entitled to expungement, the court shall deny the petition. The person who filed the petition for expungement or the State’s Attorney may appeal an order granting or denying the petition. Unless an order is stayed pending an appeal, each custodian of juvenile records subject to the order of expungement shall advise, in writing, the court, the petitioner, and all parties to the petition for expungement proceeding of compliance with the order within 60 days after entry of the order. This section does not apply to: Records maintained under Title 11, Subtitle 7 of the Criminal Procedure Article; or Records maintained by a law enforcement agency for the sole purpose of collecting statistical information concerning juvenile delinquency and that do not contain any information that would reveal the identity of a person.

The court may enter a judgment of restitution against the parent of a child, the child, or both as provided under Title 11, Subtitle 6 of the Criminal Procedure Article.

A court may not order a parent, guardian, custodian, or child to pay: A fine, fee, or cost under this subtitle; or A sum of money to cover the support of a child under this subtitle.

It is unlawful for an adult willfully to contribute to, encourage, cause or tend to cause any act, omission, or condition which results in a violation, renders a child delinquent or in need of supervision. A person may be convicted under this section even if the child has not been found to have committed a violation or adjudicated delinquent or in need of supervision. However, the court may expunge a delinquent adjudication from the child’s record and enter it as a finding in the adult’s case. An adult convicted under this section is subject to a fine of not more than $2,500 or imprisonment for not more than 3 years, or both. The court may suspend sentence and place the adult on probation subject to the terms and conditions it deems to be in the best interests of the child and the public.

In addition to any requirements relating to the appointment of counsel for children, at any time during the pendency of any action under this subtitle, where it appears to the court that the protection of the rights of a child requires independent representation, the court may, upon its own motion, or the motion of any party to the action, appoint an attorney to represent the interest of the child in that particular action. Such actions include but are not limited to those involving a child in need of supervision, delinquent child, or mentally handicapped child. Except as provided in paragraph (2) of this subsection, compensation for the services of the attorney under this section may be assessed against any party or parties to the action. Compensation for the services of an attorney under this section may not be assessed against a parent, guardian, custodian, or child in a delinquency proceeding.

A law enforcement officer authorized to make arrests shall issue a citation to a child if the officer has probable cause to believe that the child is violating: § 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. A citation issued under this section shall be in a format prescribed by the State Court Administrator after consultation with police administrators and the Motor Vehicle Administrator. Each citation shall be signed by the issuing officer and shall contain: The name, address, and birth date of the child being charged with the violation; The name and address of the child’s parent or legal guardian; The statute allegedly violated; The time, place, and date of the violation; The driver’s license number of the child, if the child possesses a driver’s license; The registration number of the motor vehicle, motorcycle, or other vehicle, if applicable; The signature of the child; and The penalties which may be imposed under § 3–8A–19 of this subtitle. A copy of the citation issued under this section shall be: Given to the child being charged; Retained by the officer issuing the citation; Mailed within 7 days to the child’s parent or legal guardian; and Filed with the intake officer of the court having jurisdiction under this subtitle.

The guidelines provided under § 11-1003 of the Criminal Procedure Article apply to victims and witnesses of delinquent acts.

In this section, “sexting” means: The sending of a photograph, image, or video that depicts sexual conduct, as defined in § 11–101 of the Criminal Law Article, or sexual excitement, as defined in § 11–101 of the Criminal Law Article, of oneself to another or of oneself and the recipient by mobile telephone, computer, or other electronic or digital device; or The receipt and retention of a photograph, image, or video described in subparagraph (i) of this paragraph. “Sexting” does not include conduct described in paragraph (1) of this subsection if: The sender is more than 4 years older than the recipient; The recipient is more than 4 years older than the sender; The child did not consent to committing the conduct constituting the violation; or The child was coerced, threatened, or intimidated into committing the conduct constituting the violation. It is a mitigating factor in a proceeding against a child under this subtitle for a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article that the violation involved or arose out of sexting. In making a disposition under § 3–8A–19 of this subtitle on a finding that the child committed a violation of § 11–203, § 11–207, or § 11–208 of the Criminal Law Article, the court: Shall take into consideration whether the mitigating factor described in subsection (b) of this section applies to the case; May not make a disposition of community detention under § 3–8A–19(d)(1)(i) of this subtitle or a disposition under § 3–8A–19(d)(1)(ii) of this subtitle if the violation involved or arose out of sexting, unless the court finds and explains on the record, verbally and in writing, that extraordinary circumstances exist to warrant the disposition; and May order a child whose violation involved or arose out of sexting to participate in an age–appropriate educational program on the risks and consequences of possessing, sending, displaying, and publishing photographs, images, and videos described in subsection (a) of this section. A child who is found by the court to have violated a provision of Title 11, Subtitle 2 of the Criminal Law Article is not subject to sex offender registration under Title 11, Subtitle 7 of the Criminal Procedure Article.