Since today's juveniles will be tomorrow's adults, special care and attention is often given to assist children in learning about respect and responsibility. Many resources are available to help juveniles and those who love and care for them. Those who are involved in the juvenile justice system have a real chance to help shape the future of our society.
In Maryland, any person under the age of 18 is considered a juvenile. Because state law dictates that a juvenile who commits a delinquent act is treated differently than an adult, juvenile cases are heard in the Juvenile Court system, which is separate from the state's other courts.
The distinct court system and special treatment for juveniles is intended to shield them from the taint of criminality.
The Juvenile Court also protects minors who are the victims of child abuse and child neglect. The Juvenile Court also hears cases about minors who are considered "unmanageable and ungovernable."
Generally, up to seven kinds of cases are heard by the Juvenile Court, including:
Most Juvenile Court cases are initially processed by the local Juvenile Services Agency intake office. An intake officer decides to either close a case, send the child to a diversion program for treatment and guidance, or refer the case to the State's Attorney's office.
Most serious delinquency complaints involving a child 16 years of age or older bypass the intake officer and go directly to the State's Attorney's office, which may request that the offender be tried as an adult in criminal court. The judge rules on accepting the State's Attorney's request at the waiver hearing.
In most cases where the child's well-being may be threatened or the minor is considered dangerous, the initial proceeding in Juvenile Court is the detention or shelter care hearing. The master or judge may decide to detain the alleged delinquent juvenile in a secure facility for a period of up to 30 days pending a trial, which is called the adjudicatory hearing.
The master or judge may decide to place the child involved in an alleged CINS, CINA or delinquency case in shelter care, such as a temporary foster home, for a period of up to 30 days pending the adjudicatory hearing.
For those cases that are not considered emergencies, the first action in Juvenile Court is usually the adjudicatory hearing. In some Maryland counties, however, a preliminary hearing is held prior to the trial to advise the child and his/her parents of the allegations in the petition and to determine if an attorney is desired to represent the child and/or parents. If the juvenile is detained or placed in shelter care, the adjudicatory hearing must take place within 60 days of the date the petition was served on the child and parents.
The juvenile and/or the parents are entitled to the assistance of legal counsel at every stage of a Juvenile Court proceeding.
If the child is found to be delinquent, in violation of the Alcoholic Beverage laws, or a CINS or CINA case, the master or judge will hold a separate disposition hearing. This hearing will determine the best course of action for the child's benefit. This may include the court's assistance, guidance, treatment, or rehabilitation. This hearing must take place within 30 days of the adjudicatory hearing.
At the disposition hearing, the child may be: