Youth under the age of 18 charged with committing a crime are treated differently than adults. The goals of the juvenile court and the juvenile justice system are to address the causes of the misconduct while protecting the community. 

Topics on this page:

• Purpose of the Juvenile Justice System
• Language of Juvenile Cases
• Who is considered a juvenile?
• Juvenile Justice Process
  • Intake
  • Mental Health and Substance Abuse Screening
  • Denial of Authorization to File Petition or Peace Order Request
  • Proposal of Informal Adjustment
  • Authorization to File a Petition or Peace Order Request
• Children taken into custody
• Juvenile Court Process
  • Types of Juvenile System and Juvenile Court Cases
  • What Happens in Juvenile Court?
• Pre-Hearing Detention

Purpose of the Juvenile Justice System

Maryland’s juvenile justice system is based on a philosophy of juvenile justice known as “balanced and restorative justice.” Balanced and restorative justice requires the juvenile justice system to balance the following objectives for children who have committed delinquent acts:

1. public safety and the protection of the community; 
2. accountability of the child to the victim and the community for offenses committed; and
3. competency and character development to assist the child in becoming a responsible and productive member of society.

In addition, the juvenile justice system seeks to hold parents of children entering the system accountable and responsible for remedying the circumstances that led their children to enter into the system.

The Department of Juvenile Services (DJS) administers Maryland’s juvenile programs. The department’s goals include keeping committed and detained youth safe while delivering services to meet the needs of and improving positive outcomes for justice‐involved youth. Additionally, the department supports community programs intended to prevent delinquent acts by juveniles before State involvement becomes necessary.

Read the Law: Md. Code, Courts and Judicial Proceedings § 3-8A-02

Language of juvenile cases

The terminology used in the juvenile system differs from that used in the criminal system. For example, offenses committed by juveniles are not referred to as crimes. Rather, juveniles are said to have committed “delinquent acts.” A delinquent act is an act that would be a crime if it was committed by an adult. 

Similarly, if proven to have committed the act, juveniles are “adjudicated delinquent” instead of convicted. When determining what happens to a juvenile found to have committed a delinquent act, juvenile courts do not impose sentences.  Instead, the juvenile court makes “dispositions” that impose guidance, treatment or rehabilitation on the juvenile. Additionally, while adult offenders are known as criminal defendants, juvenile offenders are referred to in the law as “respondents.”

Read the Law: Md. Code, Courts and Judicial Proceedings, §3–8A–01

Who is considered a juvenile?

In Maryland, anyone under the age of 18 is considered a child. Under Maryland law, juvenile courts have jurisdiction over cases involving:

1. Children who are at least 13 years old and alleged to be delinquent; or
2. Children who are at least 10 years old and alleged to have committed an act that, if committed by an adult, would constitute one of the following:
   • a crime of violence
   • a crime involving handguns
   • a crime involving firearms
   • aggravated cruelty to animals
   • a sexual offense in the third degree
3. Children in need of supervision (CINS); or
4. Children who have received a citation for a violation; or
5. Children who are the respondent in a peace order proceeding; or 
6. Children who have run away from home to another state. 

Under Maryland law, a child under the age of 10 years may not be charged with a crime. Children between 10-13 can only be charged with the crimes listed above.

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-03

Juvenile Justice Process

The Juvenile Justice process in Maryland begins when a child is brought to one of the Department of Juvenile Services (DJS) intake offices because he or she was arrested or is the subject of a complaint brought by the police, a private citizen or a school (school police or a school resource officer).

Intake

Intake is the first contact that DJS will have with a youth. DJS operates juvenile intake offices in every county in Maryland to evaluate and assess each juvenile complaint. Within 15 days after a complaint is filed, the intake officer is required to make an inquiry to determine whether the juvenile court has jurisdiction and whether judicial action is in the best interests of the public or the child.

NOTE: If a police officer asks the intake officer to authorize detention of the child and the intake officer does not, the intake office must make an inquiry within 2 days.

In making this determination, the intake officer generally considers, among other factors, any prior juvenile delinquency history, the juvenile’s social history (including the child’s home, school, and community environment), any mental health issues, and any recent alcohol or drug use. Immediately after completion of the inquiry, the intake office must:

1. Authorize the filing of a petition or a peace order request or both;
2. Propose an informal adjustment of the matter; or
3. Refuse authorization to file a petition or a peace order request or both.

If a complaint alleges the child committed theft of a vehicle, the intake officer must authorize the filing of a petition alleging that the child is in need of supervision. Learn more about Children in Need of Supervision.

Mental Health and Substance Abuse Screening

As soon as possible, but no later than 25 days after receipt of a complaint, an intake officer from the DJS is required to discuss with the child and the child’s parent or guardian, information regarding a referral for a mental health and substance abuse screening of the child. Within 15 days after that discussion, the intake officer must document whether the child’s parent or guardian made an appointment for a mental health and substance abuse screening of the child. If it is determined that the child is a mentally disabled or seriously emotionally disturbed child, or is a substance abuser, a comprehensive mental health or substance abuse assessment of the child must be conducted within five working days after the screening. 

After the intake office completes their preliminary inquiry, the officer may:

1. deny authorization to file a petition or a peace order request; or 
2. propose an “informal adjustment” that resolves the complaint out of court through informal supervision or diversion to community-based services; or 
3. authorize the filing of a petition or a peace order request, or both.

Read the Law: Md. Code, Courts and Judicial Proceedings. § 3-8A-10

Denial of Authorization to File Petition or Peace Order Request

The intake officer may deny authorization to file a petition or a peace order request in the juvenile court if the matter is not within the jurisdiction of the juvenile court or otherwise lacks legal sufficiency. If the intake officer determines that the juvenile court does have jurisdiction over the matter, but that further action by the Department of Juvenile Services or the court is not appropriate, the intake officer may deny authorization to file a petition or peace order request and resolve the case at intake. The child may receive immediate counseling, a warning, a referral to another agency for services, or a combination of these or other short-term interventions. In fiscal 2021, 3,367 cases (47.2% of total cases) were denied authorization on jurisdictional grounds or otherwise resolved at intake.

The victim, the arresting police officer, or the person or agency that filed the complaint or caused it to be filed may appeal a denial of authorization to file a petition for delinquency to the State’s Attorney. If authorization to file a peace order request or a petition alleging that a child is need of supervision is denied, the person or agency that filed the complaint or caused it to be filed may submit the denial for review by the Department of Juvenile Services area director for the area in which the complaint was filed.

The intake officer must immediately forward the complaint and all information about the child's prior intake involvement to the State's Attorney if the intake officer denies authorization to file a petition or proposes an informal adjustment and the complaint:

• alleges an act involving firearms that would be considered a felony if committed by an adult, or
• the commission of a delinquent act by a child who is under the supervision of the Department of Juvenile Services

Read the Law: Md. Code, Courts and Judicial Proceedings. § 3-8A-10

Proposal of Informal Adjustment

The intake officer may propose an informal adjustment of the matter if the officer concludes that an informal process, rather than judicial intervention, is in the best interests of the public and the child. To proceed with an informal adjustment, consent must be received from the child and the child’s parents or guardian. In addition, the intake officer must make reasonable efforts to contact the victim for the purpose of informing the victim of the proposed process. Informal adjustment may include:

1. referrals to other agencies; 
2. completion of community service; 
3. individual or family counseling; 
4. substance abuse treatment;
5. restitution; and 
6. other types of nonjudicial intervention. 

An informal adjustment may not exceed 90 days, unless extended by the court or as necessary for the child to participate in a substance-related disorder treatment or a mental health program.

Read the Law: Md. Code, Courts and Judicial Proceedings. § 3-8A-10

Authorization to File a Petition or Peace Order Request

If the intake officer determines that the complaint cannot be resolved without court action, or if a child has had multiple contacts with law enforcement, an intake officer can refer a case to the state’s attorney’s office. By referring a complaint to the State’s Attorney’s Office, the DJS is authorizing the State’s Attorney to file a petition with the juvenile court.

The petition alleging delinquency must be filed within 30 days after receiving a referral from an intake officer. The petition should be written in clear and simple language stating the alleged facts which constitute the delinquency, and state the laws allegedly violated by the child. 

Read the law: Md. Code, Courts and Judicial Proceedings, §§ 3-8A-10, 3-8A-13
Read the rule: Md. Rules, Rule 11-407

Children taken into custody

A child may be taken into custody under any of the following circumstances:

1. Court Order: By an official order of the court.
2. Lawful Arrest: By a law enforcement officer under the authority of arrest laws.
3. Emergency Protection: By a law enforcement officer or authorized individual if there are reasonable grounds to believe that the child is in immediate danger and must be removed for their protection.
4. Runaway Child: By a law enforcement officer or authorized individual if there are reasonable grounds to believe the child has run away from their parent, guardian, or legal custodian.

If a law enforcement officer takes a child into custody, the child’s parent, guardian, or custodian must be immediately notified. The notification must include:

• The child’s location.
• The reason for taking the child into custody.
• Instructions for making in-person contact with the child.

A child may be released to their parent, guardian, or custodian if they promise to bring the child to court when requested. Any required security for the child’s appearance may also be established. A law enforcement office may also deliver the child to the court or a detention or community shelter care facility designated by the court.

If the child’s guardian does not comply with a court’s request to bring the child before the court, the court may:

• Issue a writ to take the child into custody and bring them to court.
• Take action against the guardian for contempt of court.

When a child is taken into custody under an arrest, a law enforcement officer must forward a written complaint or citation to the Department of Juvenile Services (DJS). If the child is referred to an at-risk youth diversion program, the officer must report the referral to DJS, specifying the type of program.

If a law enforcement officer suspects a detained child is a victim of sex trafficking or human trafficking, they must:

• Notify an appropriate regional navigator to arrange services for the child.
• Report the suspicion to the local child welfare agency.
• If safe and appropriate, release the child to a parent or guardian or, if there are safety concerns, to the local child welfare agency.

A child suspected of being trafficked cannot be detained in a juvenile facility if their detention is solely based on a qualifying offense or specific criminal law offenses.
 

Juvenile Court Process

Types of Juvenile Court Cases

• Delinquency 

  • A child is delinquent if he or she commits an act that would be a crime if committed by an adult. Some children may be treated as adults in Circuit Court rather than Juvenile Court, depending upon the severity of the crime, the child’s age, his or her prior juvenile record, their mental and physical condition and other factors.
  • Learn more about Juvenile Delinquency.

• Child in Need of Supervision (CINS) 

  • A child is in need of supervision if he or she has committed a crime applicable only to children, such as truancy, violation of curfew laws, running away, habitual disobedience and ungovernable behavior.
  • Learn more about Children in Need of Supervision.

• Child in Need of Assistance (CINA)

  • A child in need of assistance (CINA) is a child that has been abused or neglected, has a developmental disability or mental disorder and the child’s parents, guardian or custodian have not given proper care and attention to the child’s needs.
  • Learn more about Children in Need of Assistance.

• Termination of Parental Rights and Adoptions

  • If the Juvenile Court has already found a child to be CINA or CINS, and the Department of Social Services (DSS) has located an adoptive family for the child, the Juvenile Court will handle the case to terminate the natural parent’s rights and allow for the child’s adoption.

• Citations

  • When a juvenile violates Maryland’s alcoholics beverage laws, by possessing alcohol, misrepresenting his or her age to purchase alcohol or drinking or possessing intoxicating beverages on school premises, the juvenile receives a citation requiring them to appear in Juvenile Court.

• Contributing 

  • Adults can be charged in Juvenile Court with contributing to conditions causing a child to be delinquent, in need of assistance, in need of supervision, or failing to attend school. Adults charged under these statutes have additional rights that children do not have.

• Runaway Children

  • The Juvenile Court handles cases of children who run away across state lines. The Interstate Compact on Juveniles governs these cases.

• Compulsory Public School Attendance

  • The Juvenile Court may handle cases arising under Maryland’s Compulsory Public School Attendance laws.

What Happens in Juvenile Court?

In Juvenile Court, depending upon the practices of the different localities in Maryland, cases are handled by a judge or by a family magistrate.

• Emergency Detention or Shelter Care Hearing

  • In emergency cases where the child’s well-being may be threatened or the child is considered dangerous, the first step is a detention or shelter care hearing. The judge or family magistrate may place the child in a children’s detention center or temporary foster care home for a period of up to 30 days before the child’s adjudicatory hearing.
  • Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-15

• Preliminary Hearing

  • At the preliminary hearing, the judge or family magistrate tells the child and his or her parents what the charges are by giving them a petition listing the charges. The judge or family magistrate also determines whether they have an attorney. At each stage of the case, the child/and or their parents have the right to an attorney.
  • Read the rule: Md. Rules, Rule 11-412

• Adjudicatory Hearing

  • An adjudicatory hearing is the trial on the charges. Each side, the State’s Attorney in a delinquency case or DSS in a CINA or CINS case and the child and parents may present evidence such as witness testimony or documents. After hearing the evidence, the judge or family magistrate decides if the charges are proved. There are no juries in Juvenile Court. Adjudicatory hearings must take place within 60 days of the date the petition was given to the child and their parents.
  • Read the law: Md. Code, Courts and Judicial Proceedings, § 3-817, § 3-8A-18
  • Read the rules: Md. Rules, Rule 11-213, Rule 11-421, Rule 11-502

• Disposition Hearing

  • A disposition hearing occurs after the adjudicatory hearing if the charges are proved. At the disposition hearing, the judge or family magistrate determine what type of treatment or rehabilitation plan would best serve the child. The judge or family magistrate could place the child on probation or under the supervision while living at home or remove the child from home to a children’s detention center or foster care home. Parents may also be ordered to participate in a treatment plan.
  • Read the law: Md. Code, Courts and Judicial Proceedings, § 3-819, § 3-8A-19
  • Read the rules: Md. Rules, Rule 11-216, Rule 11-422, Rule 11-502 

• Review Hearing

  • A review hearing is held several months after the disposition hearing to determine if the treatment plan should be modified or terminated.
  • Read the law: Md. Code, Courts and Judicial Proceedings, § 3-816.2
  • Read the rules: Md. Rules, Rule 11-219, Rule 11-423

Pre-Hearing Detention

A child taken into custody may be placed in detention or community detention before a hearing if:
It is necessary to protect the child or others.
The child is likely to leave the court’s jurisdiction.

With some exceptions, a child alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult may not be placed in detention before a hearing. A child may be detained before a hearing if:

• The alleged act involves a weapon or safety violation related to firearms.
• The child has been found delinquent at least twice in the past two years.
• The child was under Department of Juvenile Services (DJS) supervision when the alleged act occurred.
• The alleged act, if committed by an adult, would carry a penalty of over two years (excluding second-degree assault).

A child under 13 cannot be placed in detention for weapon or safety-related violations if they have not been previously found delinquent for similar offenses.

A child taken into custody may be placed in emergency shelter care or community detention prior to a hearing if:

• It is necessary to protect the child or others.
• The child is likely to leave the court’s jurisdiction.
• There is no responsible adult available to supervise and bring the child to court when required.
• Removal of the child from their home is necessary for the child’s safety.
• Efforts to prevent the need for removal have been unsuccessful, and efforts are ongoing to return the child home.
   

Read the law: Md. Code, Courts and Judicial Proceedings, § 3-8A-15