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PARRIS N. GLENDENING, Governor
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Ch. 404
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1. Forward the complaint to the State's Attorney; and
2. 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.
(ii) 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:
1. File a petition OR A PEACE ORDER REQUEST OR BOTH;
2. Refer the complaint to the Department of Juvenile Justice
for informal disposition; or
3. Dismiss the complaint.
(iii) This subsection may not be construed or interpreted to limit the
authority of the State's Attorney to seek a waiver under § 3-817 of this subtitle.
(c-1) (1) In this subsection, "seriously emotionally disturbed" has the meaning
stated in § 15-130 of the Health - General Article.
(2) (i) 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.
(ii) The screening authorized under subparagraph (i) of this
paragraph shall be conducted by a person who:
1. Has been selected by the child's parent or guardian;
2. Has been approved by the child's health insurance carrier;
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and
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3. Is:
A. A qualified health, mental health, or substance abuse
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professional; or.
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B. Staff trained by a qualified health, mental health, or
substance abuse professional.
(iii) 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.
(3) 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
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- 2209 -
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