The court shall dismiss the delinquency petition or the violation of probation petition if the child has not attained competency within:
(1) 18 months after the date of the finding of incompetency if the child is alleged to have:
(i) Except as provided in item (2) of this section, committed an act that would be a felony if committed by an adult; or
(ii) 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
(2) 6 months after the date of the finding of incompetency if the child is alleged to have:
(i) 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
(ii) 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.
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