Q: "At what age is an individual considered emancipated?
Can I petition a court to become emancipated?"
A: Article 1, 1 24, of the Maryland Annotated Code
provides that the age of majority is 18, and that a person reaching that age is
an adult for all purposes, except when specifically provided otherwise by statute.
Unlike some other states (like California), Maryland does not have a youth emancipation
act. There are some instances in which a Maryland youth may become emancipated.
For example, § 2-301 of the Family Law Article permits the emancipation of
a minor by marriage. That means that the child is freed from the control of the
parents, and the parents are free from the duty to support the child. Emancipation
by marriage does not free the child from the legal disabilities (voting, drinking,
ability to enter into contracts, etc) imposed on minors unless a statute specifically
says so. A minor who is married has the same capacity as an adult to consent to
medical treatment or to hold title to property as a tenant by the entireties with
a spouse who has reached the age of majority.
For more information visit Maryland's Peoples Law Library
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Q: "How can I get help for my child?"
A: The Department of Juvenile Services does much more
than just take custody of delinquent youth. The Department has an array of prevention
and early intervention services available to assist individuals and families that
are confronted with unacceptable behavior from youth, or those who desire to obtain
help to thwart such behaviors. Services range from after-school programs to counseling
and drug and alcohol treatment. For help, please refer to the listing of
Regional Offices and call the location most conveniently located.
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Q: "What does Spotlight on Schools do?"
A: Spotlight on Schools is a statewide initiative
that places probation officers on-site at over 80 local high schools and middle
schools. These DJS officers monitor and respond immediately to attendance issues,
referrals for disruptive behavior, suspensions, and drop-out issues for youth
who are under DJS's supervision. The officers deter disruptive and delinquent
behavior and assist the families of these youth, aiding siblings who may also
be experiencing similar difficulties.
Prevention and early intervention services are also offered
to other students who are referred by school administrators or who are in crisis.
In addition, Spotlight officers provide immediate, on-site
intake services for any student involved in delinquent activity, holding youth
accountable and ensuring immediate consequences for the undesirable behaviors.
Spotlight officers also share with the schools their expertise
in a wide variety of services to assist the schools in developing and implementing
early intervention programs.
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Q: "What is Hotspots?"
A: The HotSpots Communities Initiative is an effort
to reclaim at-risk neighborhoods. It was launched in Maryland in March 1997. The
program identifies communities with a concentration of crime, or a fear of crime,
and an active community commitment to change. The goal of the HotSpots program
is to reduce crime in those areas and to improve the quality of life for the citizens
that reside there.
HotSpot communities develop a strategy to reduce crime and
identify resources to implement those strategies. Police officers and probation
offices are essential partners, forming new partnerships with residents to supervise
high-risk offenders and respond quickly and effectively to community concerns.
Some of the strategies and programs that are utilized by HotSpots neighborhoods
to combat crime consist of the following:
CORE ELEMENTS
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Community mobilization |
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Community policing |
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Community probation |
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Community maintenance |
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Delinquency prevention |
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Local coordination |
ENHANCING ELEMENTS
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Community prosecution |
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Juvenile intervention |
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Crime prevention through environmental design |
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Victim outreach & assistance |
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Support for addiction recovery |
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Housing & Business revitalization |
In addition to community activism as a means to target criminal
activity, a consortium of state agencies provides essential support. The identified
HotSpots communities receive targeted State and federal grants, State agency resources,
and technical assistance. The Initiative marks the first time that various agencies
and funding sources have been coordinated to mount a strategic attack on crime.
The grant application process establishes "one-stop shopping" for support for
various activities. Engaged agencies include The Department of Juvenile Services,
Dept. of Public Safety and Correctional Services, Dept. of Health & Mental Hygiene,
Dept. of Labor, Dept. of Business & Economic Development, Dept. of Human Resources,
Office of the Attorney General, Dept. of Housing & Community Development, the
Governor's Office of Children, Youth, & Families, the Dept. of Education, and
the Governor's Office of Volunteerism, among others.
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Q: "What happens after my child is arrested?"
A: An overview of the Juvenile Justice process
When a child is arrested by the police, several things may
happen. The police may not decide to press any charges, and may release the child
to a parent or guardian. If the police believe that further action is required,
they will take the child to an Intake Center for the Department of Juvenile Services.
What happens at the Intake Office?
At Intake, Intake workers will decide whether the juvenile
court has jurisdiction over the alleged delinquent act. If the offense is serious
enough, a child may be waived (transferred) to the adult system for trial. The
Intake Worker will decide whether judicial action is in the best interests of
the public and the youth, the youth's family, the victim, and the arresting officer.
Based on such criteria as the seriousness of the offense, prior history of complaints,
home and school environments, the Intake Officer will make one of the following
recommendations:
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Referral to the State's Attorney's office for a formal
hearing |
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Provision of a 90-day pre-court supervision without
immediate court intervention |
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Resolution of the case at Intake by imposing a consequence |
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An accountability hearing before a community arbitrator |
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A sanctions hearing before a Neighborhood Youth Panel |
All non-court recommendations made by the Intake officer
can be appealed to the State's Attorney's office.
At times an Intake Worker will be coming into contact with
a minor offender who has no prior history of offending. If a parent has imposed
a punishment by the time the youth is present at Intake, and the Intake worker
is satisfied that the consequences have been appropriate and have addressed the
issues of accountability and restitution, the Intake worker may decide that the
parent's sanctions are enough and consider the case resolved.
What happens if my child's case is not resolved at Intake?
For some first- and all second-time offenders, the Department
imposes 90-day pre-court supervision consequences that include either monetary
restitution, community service, as appropriate. Or the youth can be referred to
a diversion program where he/she will be supervised for 90 days. If any of these
options are unsuccessful, the case will be referred to court for further action.
If it is suspected that a youth will not appear at the scheduled hearing or will
re-offend while awaiting a hearing, the intake officer may authorize emergency
detention. In those cases, a continued detention hearing will be held the next
working day. At that time, the youth may be returned to detention or released
to a guardian or placed on electronic monitoring.
What about children who are not found to be delinquent
but are in need of services?
Youth categorized as "Children in Need of Supervision" (CINS),
who are not alleged delinquent but are referred for status offenses such as truancy,
runaway behavior or ungovernability, may be placed in shelter care or released
to their family or guardian. Youth that are determined to be "CINA"
or "Children in Need of Assistance" may also be placed in shelter care
or referred to programs that can provide the needed assistance.
What will happen if my child is determined to be delinquent?
If a youth is adjudicated delinquent, the court receives
recommendations from the State's Attorney's Office, the defense attorney, and
DJS, and may order probation/protective supervision or commitment to a residential
facility. At the residential facility, the youth will receive treatment services
for behaviors that contribute to the delinquency such as mental health counseling,
drug and alcohol treatment, or sexual behavior therapy. Residential facilities
range from secure confinement facilities such as the Victor Cullen Academy or
the Charles H. Hickey Jr. School, to shelter homes such as the Maryland Youth
Residence Center (MYRC). Licensed drug treatment services are provided at Victor
Cullen, Schaefer House, Waxter Center, and the western Maryland Youth Centers.
All girls are detained and/or committed to the Waxter Center for Girls. The Maryland
Department of Juvenile Services no longer operates juvenile boot camps.
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Q: "When are juvenile records expunged (deleted)? What
do I have to do to get them expunged?"
A: Juvenile records may not be expunged. At the end
of a juvenile case, upon request, the court may seal the juvenile court files.
If a youth that was charged as an adult successfully seeks to have the case transferred
to the juvenile court, and the State's Attorney declines to file a delinquency
petition, or a delinquency petition is filed but the court enters a finding of
"No facts sustained," the records from the original adult court proceeding
may be expunged. A person who wishes to have court records expunged must file
a petition for expungement with the court.
Juvenile records maintained by the Department of Juvenile
Services remain confidential under the Juvenile Causes Act, §3-828.
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Q: "How can I report a juvenile that is commiting crime/causing
me trouble?"
A: Any individual can make a report to the Juvenile
Justice Office nearest them with a concern regarding troublesome youth activities.
If appropriate, that individual may seek to obtain a Peace Order. If granted,
aPeace Order, which is similar to a restraining order, stipulates that the offending
party may not come in contact with the requestor.
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Q: "How can I partner with the Department to start a community-based
program?"
A: The Department offers several different ways to
contribute to our efforts to prevent juvenile crime and to engage youth in productive,
meaningful activities. For more detailed information regarding these opportunities,
please contact the Regional Director in the region where you are interested in serving.
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Q: "How can I get a copy of my juvenile record?"
A: Under current law, an individual seeking their
juvenile record needs to petition the juvenile court where the record is kept.
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Q: "How do I go about applying for a license to operate
a residential program (e.g., group home, foster care facility, shelter care) providing
services to delinquent or status offender youth?"
A: The Maryland Office of Children, youth, and Families
(OCYF) determines which State agency is responsible for licensing a residential
program. If you are interested in providing residential services for delinquent
or status offender youth, the first step is to contact OCYF at 410-767-2332, and
ask how to begin the licensing process.
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