(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) The State’s Attorney, upon assigning the reasons, may dismiss in open court a petition alleging delinquency.
(f) (1) The court shall conduct all hearings under this subtitle in an informal manner.
(2) 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.
(3) (i) 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.
(ii) 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.
(4) (i) 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.
(ii) 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.
(5) 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.
(g) The court shall try cases without a jury.
(h) The court shall hear and rule on a petition seeking an order for emergency medical treatment on an expedited basis.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 8A - Juvenile Causes -- Children Other Than Cinas and Adults
Section 3-8A-02 - Purposes and Construction of Subtitle
Section 3-8A-03 - Jurisdiction of Court
Section 3-8A-04 - Applicability of Subtitle 8 Provisions
Section 3-8A-05 - Determination of Jurisdiction
Section 3-8A-06 - Waiver of Jurisdiction
Section 3-8A-07 - Retention, Termination, or Waiver of Jurisdiction
Section 3-8A-09 - Transfer of Proceedings
Section 3-8A-10 - Complaint; Preliminary Procedures
Section 3-8A-11 - Form of Notice of Intake Officer's Decision on Complaint
Section 3-8A-12 - Certain Information Inadmissible in Subsequent Proceedings
Section 3-8A-13 - Petition; General Procedures
Section 3-8A-14 - Taking Child Into Custody
Section 3-8A-14.1 - Taking Child Into Custody -- Arrest Warrant
Section 3-8A-15 - Detention and Shelter Care Prior to Hearing
Section 3-8A-16 - Transfer to Other Facilities
Section 3-8A-16.1 - Blood Lead Level Testing
Section 3-8A-17 - Study and Examination of Child, Etc
Section 3-8A-17.1 - Evaluation of Child's Mental Condition
Section 3-8A-17.2 - Evaluation of Child's Mental Condition -- Scope
Section 3-8A-17.3 - Evaluation of Child's Mental Condition -- Report
Section 3-8A-17.4 - Competency Hearing
Section 3-8A-17.5 - Competency Hearing -- Finding of Competency
Section 3-8A-17.6 - Competency Hearing -- Finding of Incompetency -- Competency Attainment
Section 3-8A-17.7 - Competency Hearing -- Finding of Incompetency -- Evaluations or Dismissal
Section 3-8A-17.8 - Competency Attainment Services and Reporting
Section 3-8A-17.9 - Time Limits for Dismissals
Section 3-8A-17.10 - Hearing on Other Matters
Section 3-8A-17.11 - Presumption
Section 3-8A-17.12 - Regulations
Section 3-8A-18 - Adjudication
Section 3-8A-19 - Disposition; Costs
Section 3-8A-19.1 - Peace Order Request -- Grounds
Section 3-8A-19.2 - Peace Order Request -- Hearing; Forms of Relief
Section 3-8A-19.3 - Peace Order Request -- Service
Section 3-8A-19.4 - Peace Order Request -- Modification or Rescission
Section 3-8A-19.5 - Peace Order Request -- Violations
Section 3-8A-20 - Right to Counsel
Section 3-8A-20.1 - Treatment Service Plan
Section 3-8A-21 - Emergency Medical Treatment
Section 3-8A-22 - Limitations on Place of Commitment
Section 3-8A-23 - Effect of Proceedings Under Subtitle
Section 3-8A-24 - Effective Period of Order of Commitment; Renewal of Order
Section 3-8A-25 - Progress Reports
Section 3-8A-26 - Order Controlling Conduct of Person Before Court
Section 3-8A-27 - Confidentiality of Records
Section 3-8A-27.1 - Expungement of Records
Section 3-8A-28 - Judgment of Restitution
Section 3-8A-29 - Court Ordered Payment
Section 3-8A-30 - Contributing to Certain Conditions of Child
Section 3-8A-32 - Appointment of Attorney or Advocate to Represent Child's Interest
Section 3-8A-33 - Citation for Violation of Certain Alcoholic Beverages Laws
Section 3-8A-34 - Rights of Victim or Witness of Delinquent Act