HB 169
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 169 (Delegate Valentino-Smith)
Judiciary
Juvenile Law - Informal Adjustment
This bill authorizes a juvenile court, after a petition is filed, to refer the matter to the
Department of Juvenile Services (DJS) for an informal adjustment on the motion of any
party if (1) the time for an adjudicatory hearing under Maryland Rule 11-114(b) has been
waived; (2) there has not been a prior unsuccessful informal adjustment of the matter; and
(3) the child, the child’s attorney, and the State’s Attorney all consent to the motion. If an
informal adjustment is successfully completed, the petition must be dismissed. On notice
from DJS that an informal adjustment has not been successfully completed, the juvenile
court must proceed with the petition. By December 31, 2021, and annually thereafter, DJS
must report to the General Assembly on the number of cases referred by the court to DJS
for informal adjustment and the outcomes of the children referred. The bill takes effect
July 1, 2021.
Fiscal Summary
State Effect: DJS can use existing resources to accommodate any potential increase in the
informal caseload. The bill is not anticipated to materially affect the workload of the
Judiciary. Revenues are not affected.
Local Effect: The bill is not anticipated to materially affect the workload of the
circuit courts. Revenues are not affected.
Small Business Effect: None.
Analysis
Current Law: After specified statutory requirements have been satisfied, a DJS intake
officer may (1) deny authorization to file a petition and/or peace order request in the
juvenile court or (2) authorize the filing of a petition and/or peace order request. An intake
officer may also propose an informal adjustment if, based on the complaint and the inquiry,
the officer concludes that a juvenile court has jurisdiction but that an informal adjustment,
rather than judicial action, is in the best interests of the public and the child. The intake
officer must propose an informal adjustment by informing the victim, the child, and the
child’s parent or guardian of the nature of the complaint, the objectives of the adjustment
process, and the conditions and procedures under which it will be conducted. The intake
officer may not proceed with an informal adjustment unless the victim, the child, and the
child’s parent or guardian consent to the informal adjustment procedure.
During an informal adjustment process, the child is subject to such supervision as the intake
officer deems appropriate. If the intake officer decides to have an intake conference, the
child and the child’s parent or guardian must appear at the conference. The process may
not exceed 90 days unless the time is extended by the court or the intake officer determines
that additional time is necessary for the child to complete a program that is part of the
informal adjustment process. If, at any time before the completion of an agreed upon
informal adjustment, the intake officer believes that it cannot be completed successfully,
the intake officer may authorize the filing of or deny authorization to file a petition and/or
a peace order request.
If a petition is filed, unless jurisdiction is waived, the juvenile court must hold an
adjudicatory hearing to determine whether the allegations within a petition are true.
Pursuant to Maryland Rule 11-114, an adjudicatory hearing must be held within 60 days
after the petition is served, unless a waiver petition (to transfer the case to adult court) is
filed, in which case an adjudicatory hearing must be held within 30 days after the court’s
decision to retain jurisdiction at the conclusion of the waiver hearing. The time within
which the adjudicatory hearing must be held may be extended, for extraordinary cause
shown, as specified.
A disposition hearing must also be held to determine whether a child needs or requires the
court’s guidance, treatment, or rehabilitation and, if so, the nature of the guidance,
treatment, or rehabilitation. In making a disposition, the juvenile court may:
 place the child on probation or under supervision in the child’s own home or in the
custody or under the guardianship of a relative or other fit person, on terms the court
deems appropriate, including community detention;
 commit the child to the custody or guardianship of DJS or other agency on terms
that the court considers appropriate, including designation of the type of facility
where the child is to be accommodated; or
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 order the child or the child’s parents, guardian, or custodian to participate in
rehabilitative services that are in the best interest of the child and the family.
Additional Information
Prior Introductions: HB 842 of 2020, as amended, passed the House and was referred to
the Senate Judicial Proceedings Committee, but no further action was taken. Its cross file,
SB 706, a similar bill, received a hearing in the Senate Judicial Proceedings Committee,
but no further action was taken. HB 495 of 2019, a similar bill, received a hearing in the
House Judiciary Committee, but no further action was taken. Its cross file, SB 401, received
a hearing in the Senate Judicial Proceedings Committee, but no further action was taken.
Similar bills were also introduced in 2015.
Designated Cross File: None.
Information Source(s): Judiciary (Administrative Office of the Courts); Department of
Juvenile Services; Department of Legislative Services
Fiscal Note History: First Reader - February 22, 2021
rh/aad
Analysis by: Jennifer K. Botts Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 169/ Page 3