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Ch. 404
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2000 LAWS OF MARYLAND
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(h) (1) 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:
(i) The victim;
(ii) The arresting police officer; and
(iii) The person or agency that filed the complaint or caused it to be
filed.
(2) 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 § 3-810.1 of this
[article] SUBTITLE is mailed by the juvenile intake officer to the person being
informed of the intake officer's decision.
(3) (i) The State's Attorney shall review the denial.
(ii) 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.
(iii) This petition shall be filed within 30 days of the receipt of the
complainant's appeal.
(i) (1) 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
Justice Area Director for the area in which the complaint was filed.
(2) The Department of Juvenile Justice Area Director shall review the
denial.
(3) If, within 15 days, the Department of Juvenile Justice Area Director
concludes that the court has jurisdiction and that judicial action is in the best
interests of the public and the child, the Department of Juvenile Justice Area Director
may authorize the filing of a petition in writing.
(4) The petition shall be filed within 5 days of the decision.
(j) (1) If authorization to file a petition for a complaint which alleges a child
is in need of assistance is denied, the person or agency that filed the complaint or
caused it to be filed, within 15 days of personal notice of the denial to that person or
agency or the mailing to the last known address, may submit the denial to the
Department of Juvenile Justice Area Director for the area in which the complaint was
filed.
(2) The Area Director shall authorize the filing of the petition.
(3) The petition shall be filed within 5 days of the submission of the
denial to the Department of Juvenile Justice Area Director.
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