Charles Cnty. Cir. Ct. Juvenile DCM Plan 5

Filing

Juvenile delinquency petitions are filed by the State's Attorney's Office.

Scheduling

Juvenile delinquency petitions are scheduled for adjudication within 60 days of the date of service

of the petition upon the respondent by the Sheriff. If the respondent is detained at the preliminary

inquiry in a juvenile detention facility, or is on community detention (electronic monitoring/global

positioning system ( GPS)), the adjudication must be scheduled within 30 days of the date of

detention.

Preliminary Inquiry

Preliminary inquir ies are scheduled within three weeks of the filing of the petition before the

family magistrate. The Office of the Public Defender provides a staff member at the courthouse

to facilitate an intake for services on days when preliminary inquiry hearings are scheduled. All

juveniles are eligible for representation by the Office of the Public Defender, and the Office of the

Public Defender will enter in a respondent’s case, unless the appearance of private counsel is

entered.

The respondent's status pending the next hearing may be raised at the preliminary inquiry by the

State's Attorney's Office or the respondent’s attorney. If the family magistrate recommends that a

respondent be detained a t a youth detention facility, the respondent is entitled to an immediate

review before the juvenile judge. A request for immediate review must be made on the record,

before the family magistrate, at the conclusion of the hearing. An immediate review hearing will

be held by a juvenile judge, and will be held the same day, whenever possible.

Discovery Status

A discovery status will be scheduled within three weeks of the preliminary inquiry. The State's

Attorney's Office is required to provide discovery to, and request discovery from, the respondent

within five days after the preliminary inquiry hearing, pursuant to Maryland Rule 11- 109. The

respondent shall furnish any discovery requested within ten (10) days after a request is made.

During the discovery status, the court will inquire as to the status of discovery, whether or not the

respondent has representation, and whether the parties have discussed resolution of the case.

A plea of involvement may be taken at this hearing.

Adjudication

The adjudication hearing will be scheduled within 60 days of service of the petition on the

respondent, unless the respondent is detained at a youth detention facility or on community

detention, in which case the adjudication hearing will be scheduled within 30 days of the date of

detention. At the adjudication hearing, the court will hear the evidence in the case and make a

finding as to whether the respondent was involved, or not involved, in the alleged offense(s).

A plea of involvement may be taken at this hearing.

Disposition

Disposition may take place immediately following adjudication. If a social history investigation

by the Department of Juvenile is requested, the disposition must be held within 30 days of

adjudication, or within 14 days of adjudication, if the respondent is detained at a youth detention

facility or on community detention.

Dispositions imposed range from court-imposed tasks (such as apology letter, community service,

essay, among others ) to supervised probation and out-of-home placement. If a respondent is

committed to the Department of Juvenile Services for appropriate placement in an out-of-home

placement and is detained pending that placement, a review hearing must be held within 25 days

of disposition, and every 25 days (or sooner) thereafter until placed. If a respondent is in an out-of-home placement for more than one year, a permanency plan review hearing m ust be held

annually, with reviews at 11 month intervals (or sooner) thereafter.

Exception Hearing

For any juvenile delinquency case heard by the family magistrate, the parties are entitled to file

exceptions within five business days of the filing of th e findings and recommendations by the

magistrate. Upon the filing of the exceptions, the juvenile judge handling delinquency cases shall

promptly schedule an exceptions hearing.

Postponements

For extraordinary cause shown, a judge may extend the time beyond the 60- day mandate within

which an adjudicatory hearing is to be held. No other postponements beyond the statutorily

required timeframes are permitted.

Suggestion of Incompetency

If there is a good-faith basis to allege that the respondent may be incompetent to pr oceed at any

time during the case, the court, on its own motion, or on the motion of the respondent's attorney or

the State's Attorney's Office, shall stay all proceedings and order that the Department of Health

and Mental Hygiene conduct an evaluation of the child's competency to proceed (and

dangerousness). If the court determines at the competency hearing that the respondent is

competent, the court shall enter an order stating that the child is competent, lift the stay imposed,

and resume the matter in accordance with the time standards specified in this Juvenile DCM Plan,

and in the Maryland Rules.

If the respondent is found not competent, the court may enter an order for competency attainment

services and schedule a review within 90 days, and every six months thereafter. If the respondent

does not attain competenc y within 18 months, the matter may be dismissed as permitted by the

statute.

Restitution Hearing

Contested restitution hearings will be held post-adjudication. If the respondent and/or his/her

parent(s) are found liable, the court may enter a judgment of restitution against the parents,

guardian or custodian of the respondent, the respondent, or both.

Post-Disposition Hearing

A hearing may be requested by any party following a disposition hearing in order to request a

review of the respondent’s progress, adherence to conditions of probation, appropriateness of

placement/treatment, etc. The court may schedule a hearing, or may modify an existing order

without a hearing. In the event the modification may result in a revocation of probation and/or

commitment, the court will issue a show cause order and schedule a hearing.

Termination of Case

The Department of Juvenile Services, the respondent /respondent's attorney, or the State's

Attorney's Office may request to terminate a case after compliance with probation conditions over

a period of time. The court may determine, with or without a hearing, to terminate the case and

close and seal the file. Any case wherein the respondent has reached the age of 21 or the

respondent has received a conviction in adult court, shall be closed and sealed without a hearing.

TRACK 2 – COMPLEX (JUVENILE JUDGE)

Track 2 cases are set before the juvenile judge. Track 2 cases include most felonies, including,

but not limited to:

1. All Sex Offenses;

2. 1st and 2nd Degree Burglaries;

3. 1st Degree Assaults;

4. Robberies;

5. Carjackings;