Title 33, Human Services

§ 5204a. Jurisdiction over adult defendant for crime committed when defendant was under 19 years of age (a) A proceeding may be commenced in the Family Division against a defendant who has attained 18 years of age if: (1) the petition alleges that the defendant: (A) before attain…

§ 5205. Fingerprints; photographs (a) Fingerprint files of a child under the jurisdiction of the court shall be kept separate from those of other persons under special security measures. Inspection of such files shall be limited to law enforcement officers only on a need-to-know …

§ 5206. Citation of 16- to 19-year-olds [Section 5206 effective July 1, 2027; see also section 5206 effective until July 1, 2027 set out above] (a)(1) If a child was over 16 years of age and under 20 years of age at the time the offense was alleged to have been committed and the …

§ 5221. Citation and notice to appear at preliminary hearing (a) Citation. If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this …

§ 5222. Petition; contents (a) The petition shall be supported by an affidavit as to probable cause. The petition shall contain the following: (1) A concise statement of the facts that support the conclusion that the child has committed a delinquent act, together with a statement…

§ 5223. Filing of petition (a) When notice to the child is provided by citation, the State’s Attorney shall file the petition and supporting affidavit at least 10 business days prior to the date for the preliminary hearing specified in the citation. (b) The court shall send or de…

§ 5224. Failure to appear at preliminary hearing If a child or custodial parent, guardian, or custodian fails to appear at the preliminary hearing as directed by a citation, the court may issue a summons to appear, an order to have the child brought to court, or a warrant as prov…

§ 5225. Preliminary hearing; risk assessment (a) Preliminary hearing. A preliminary hearing shall be held at the time and date specified on the citation or as otherwise ordered by the court. If a child is taken into custody prior to the preliminary hearing, the preliminary hearin…

§ 5227. Timelines for pretrial and merits hearing (a) Pre-trial hearing. At the preliminary hearing, the court shall set a date for a pretrial hearing on the petition. The pretrial hearing shall be held within 15 days of the preliminary hearing. In the event there is no admission…

§ 5228. Constitutional protections for a child in delinquency proceedings A child charged with a delinquent act need not be a witness against, nor otherwise incriminate, himself or herself. Any extrajudicial statement, if constitutionally inadmissible in a criminal proceeding, sh…

§ 5229. Merits adjudication (a) The parties at a merits hearing in a delinquency proceeding shall be limited to the State’s Attorney and the child who is the subject of the petition. A merits adjudication hearing shall not proceed forward unless the child who is the subject of th…

§ 5230. Disposition case plan (a) Filing of case plan. Following the finding by the court that a child is delinquent, the Department shall file a disposition case plan not later than seven business days before the scheduled disposition hearing. The disposition case plan shall not…

§ 5231. Disposition hearing (a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is delinquent. (b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay …

§ 5232. Disposition order (a) If a child is found to be a delinquent child, the court shall make such orders at disposition as may provide for: (1) the child’s supervision, care, and rehabilitation; (2) the protection of the community; (3) accountability to victims and the commun…

§ 5234. Rights of victims in delinquency proceedings involving a listed crime (a) The victim in a delinquency proceeding involving a listed crime shall have the following rights: (1) To be notified by the prosecutor’s office in a timely manner of the following: (A) when a delinqu…

§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime (a) The victim in a delinquency proceeding involving an offense that is not a listed crime shall have the following rights: (1) To be notified by the prosecutor’s office in a timely manner of the fo…

§ 5235. Juvenile restitution (a) Restitution shall be considered in every case in which a victim of a delinquent act has suffered a material loss. For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wa…

§ 5251. Taking into custody A child may be taken into custody by an officer: (1) pursuant to the laws of arrest of this State; (2) pursuant to an order of the court under the provisions of this chapter and chapters 51 and 53 of this title; or (3) when the officer has reasonable g…

§ 5252. Request for emergency care order (a) If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child’s custodial parent, guardian, or custodian and release the child to the care of child’s custodial parent, guardian…

§ 5253. Emergency care order; conditional custody order (a) Transfer of temporary custody. (1) The court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing if the court determines that: (A) there is pro…

§ 5254. Notice of emergency care order and temporary care hearing (a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child. If delivery cannot be made in a…

§ 5255. Temporary care hearing (a) A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5253 of this title. State holidays shall be excluded from the computation of 72 hours. If the custodial …

§ 5256. Temporary care order (a) The court shall order that custody be returned to the child’s custodial parent, guardian, or custodian unless the court finds by a preponderance of the evidence that return to the home would be contrary to the welfare of the child because of any o…

§ 5257. Filing of initial case plan (a) If a temporary care order is issued granting custody to the Commissioner, the Department shall prepare and file with the court an initial case plan for the child and the family within 60 days of the child’s removal from the home. The Depart…

§ 5258. Postdisposition review and permanency review for delinquents in custody Whenever custody of a delinquent child is transferred to the Commissioner or the court orders conditional custody of a child, the custody order of the court shall be subject to a postdisposition revie…

§ 5258a. Duration of conditional custody orders postdisposition (a) Conditional custody orders to parents. Whenever the court issues a conditional custody order transferring custody to a parent either at or following disposition, the presumptive duration of the order shall be no …

§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation The Commissioner shall be charged with the following powers and responsibilities regarding the administration of juvenile probation: (1) to maintain supervision of juveniles placed on probation; …

§ 5262. Conditions of probation (a) The conditions of probation shall be such as the court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent wit…

§ 5263. Juvenile probation certificate (a) When a juvenile is placed on probation, the court shall issue a written juvenile probation certificate setting forth: (1) the name of the juvenile; (2) the nature of the delinquent act committed by the juvenile; (3) the date and place of…

§ 5264. Modification of conditions (a) During the period of probation, the court, on application of a juvenile probation officer, the State’s Attorney, the juvenile, or on its own motion, may modify the requirements imposed upon the juvenile or add further requirements authorized…

§ 5265. Violation of conditions of probation (a) If the juvenile fails to comply with conditions of probation, the State’s Attorney, a juvenile probation officer, or the court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation …

§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer At any time before the discharge of a juvenile probationer or the termination of the period of probation: (1) The court may summon the juvenile to appear before it or may issue an order for the juveni…

§ 5267. Previolation hearing (a) Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court busi…

§ 5268. Notice; violation hearing (a) The court shall not find a juvenile in violation of the juvenile’s probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the heari…

§ 5269. Disposition alternatives upon violation of conditions of probation If a violation of conditions of probation is established, the court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of t…

§ 5270. Final judgment An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)

§ 5271. Discharge from probation (a) The court placing a juvenile on probation may terminate probation and discharge the juvenile at any time. (b) Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation. (Added 2007, No. 185 (A…

§ 5272. Juvenile Justice Unit; Juvenile Justice Director (a) A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director. (b) The Juvenile Justice Director shall have the responsibility and authorit…

§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children (a) Prior to disposition, the court shall have the sole authority to place a child who is in the custody of the Department in a secure f…

§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents (a) A minor charged with a delinquent act shall not be detained under this chapter in a jail or other facility intended or used for the detention of adults unless the child is alleged to have co…

§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults (a) Pretrial detention. (1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has bee…

§ 5294. Interests of justice hearing Not later than the next business day after a juvenile who is awaiting trial or other legal process and who is treated as an adult for prosecution in the Criminal Division is taken into custody, the court shall hold a hearing and determine whet…