Rule 11-507 - ADULT CHARGED WITH CONTRIBUTING; SCHOOL ATTENDANCE VIOLATIONS(a)ApplicabilityThis Rule applies to proceedings in which an adult has been charged under Code, Courts Article, § 3-828 or § 3-8A-30 with willfully contributing to, encouraging, causing, or tending to cause any act, omission, or condition that renders a child in need of assistance, in need of supervision, or delinquent and criminal proceedings in which an adult has been charged under Code, Education Article, § 7-301 for a violation of the compulsory school attendance laws. Committee note: The court has concurrent jurisdiction with the District Court and the criminal division of the circuit court over adults charged under Code, Courts Article, §§ 3-828 and 3 - 8A-30. See Code, Courts Article, §§ 3-803(c), 3-8A-03(b), and 4-303. The court has concurrent jurisdiction with the District Court over violations arising under Code, Education Article, § 7301. See Code, Courts Article, §§ 3-8A-03(c), 4-302(c), and 4 303.
(b)Definitions(1)Statutory Definitions The definitions stated in Code, Courts Article, §§ 3-801 and 3-8A-01 apply to this Rule, to the extent relevant. (2)Defendant In this Rule, "defendant" means the adult charged under Code, Courts Article, § 3-828 or § 3-8A-30, or Code, Education Article, § 7-301. (c)Confidentiality of Records The confidentiality provisions contained in Code, Courts Article, Title 3, Subtitles 8 and 8A do not apply to records pertaining to an adult charged under Code, Courts Article, § 3 828 or § 3-8A-30. Provisions relating to the confidentiality of records pertaining to a child shall apply. Cross reference: See Code, Courts Article, §§ 3-827 and 3-8A-27.
(d)Counsel An adult charged under Code, Courts Article, § 3-828 or § 3-8A-30 or Code, Education Article, § 7-301 is entitled to be represented by counsel at every stage of all proceedings under this Rule. Absent a waiver in accordance with Rule 4-215, an indigent defendant shall be represented by the Office of the Public Defender. (e)Pretrial Release If the defendant was arrested, the defendant shall be presented to a judicial officer in accordance with Rules 4-213, 4-216, 4-216.1, 4-216.2, 4-216.3, and 4-217. (f)Petition(1)Charging Document A charge against an adult pursuant to Code, Courts Article, § 3-828 or § 3-8A-30 or Code, Education Article, § 7-301 shall be made by a petition which, for the purposes of this Rule, constitutes a charging document. The petition shall be prepared and filed by the State's Attorney. Cross reference: See Code, Courts Article, § 3-8A-13(b) and Rule 4-102(a). (2)Caption The petition shall be captioned "In re (first name and last name of the defendant)." (3)Where Filed The petition shall be filed in the county where the alleged conduct occurred. Cross reference: See Code, Courts Article, §§ 3-8A-08(b) and 3 - 8A-09 regarding venue and transfer for a petition alleging a violation of Code, Courts Article, § 3-8A-30.
(4)Form and Content(A)Generally The petition shall be labeled a petition but shall otherwise be in the form and contain the specificity of a charging document. The petition shall contain the notice required by Rule 4-202(a). (B)Adult Charged with Contributing A petition alleging an adult willfully contributed to, encouraged, caused, or tended to cause any act, omission, or condition that renders a child in need of assistance, in need of supervision, or delinquent shall advise the defendant that (i) the defendant has the right to have the charge tried in either the District Court or the criminal division of the circuit court by filing a motion in the juvenile court asking that court to waive its jurisdiction and transfer the action, and (ii) the defendant has a right to have the action tried before a jury, and, to exercise that right, the defendant must file a motion pursuant to section (h) of this Rule asking that the action be transferred to the criminal division of the circuit court for a jury trial. (C)Compulsory School Attendance A petition alleging an adult violated a provision of Code, Education Article, § 7-301 shall state that the defendant has the right to have the charge tried in the District Court by filing a motion in the juvenile court asking that court to waive its jurisdiction and transfer the action.(5)Service A copy of the petition shall be served on the defendant in accordance with Rule 4-212, and any summons shall be issued in accordance with subsection (b)(2) of that Rule. (g)Preliminary Hearing(1)Generally No later than 15 days after service of the petition, the court shall schedule a preliminary hearing. (2)Purpose of Hearing The purpose of the hearing is: (A) if an attorney has not entered an appearance for the defendant, to comply with Rule 4-215; and(B) to consider any other preliminary matter that may properly be considered at that time, including advice to the defendant (i) of the right to request a waiver of the court's jurisdiction and transfer of the action to the District Court or the criminal division of the circuit court, as permitted by law, and (ii) if the defendant is charged with a violation of Code, Courts Article, § 3-828 or § 3-8A-30, of the right to a jury trial, which may be implemented by requesting a waiver of the court's jurisdiction and transfer of the action to the criminal division of the circuit court pursuant to section (h) of this Rule.(h)Waiver of Jurisdiction(1)Transfer on Motion The court shall waive its jurisdiction and transfer the action to the District Court or the criminal division of the circuit court, as permitted by law, on motion of the State's Attorney or the defendant made on the record at a hearing held pursuant to section (g) of this Rule or filed in writing no later than 30 days prior to the first scheduled trial date. If the defendant files a motion requesting a transfer permitted by law and the State's Attorney files a motion that differs on the choice of transferee court, the State's Attorney's motion shall be denied and the defendant's motion shall be granted. (2)Court-Initiated Transfer For a defendant charged with a violation of Code, Courts Article, § 3-828 or § 3-8A-30: (A)Other Charges Pending The court may waive its jurisdiction on its own initiative within the time period specified in subsection (h)(1) if other charges arising from the same incident are pending against the adult in the District Court or the criminal division of the circuit court. The court shall transfer the action to the court where the other charges are pending. (B)Jury Trial Right If a defendant fails to file a motion during the time period specified in subsection (h)(1), a judge of the court, on the record, shall conduct a hearing, at which the defendant shall be present. At the hearing, the court shall advise the defendant that (i) the defendant has a right to a jury trial, (ii) if the defendant requests a jury trial, the court must grant the request, and (iii) failure to make such a request will constitute a waiver of the right to a jury trial. Unless, after conducting the inquiry required by Rule 4-246(b), the court determines that the defendant has knowingly and voluntarily waived the right to a jury trial, the court shall transfer the action to the criminal division of the circuit court on its own initiative. (i)Bill of Particulars The defendant may file a demand for a bill of particulars in accordance with Rule 4-241. (j)Plea The defendant shall enter a plea in accordance with Rule 4-242. An initial plea shall be entered within 15 days after the appearance of an attorney has been entered or a finding by the court that the defendant has waived the right to counsel pursuant to Rule 4-215. If the defendant fails to enter a plea within the time allowed, the court shall enter a plea of not guilty for the defendant. (k)Discovery The parties are entitled to discovery in accordance with Rule 4-262. (l)Trial An action under this Rule shall be tried before a judge under procedures applicable to the trial of a criminal action in the District Court. The State has the burden of proving guilt beyond a reasonable doubt. Md. R. Juv. Causes 11-507
Source: This Rule is new.
Adopted Nov 9, 2021, eff. 1/1/2022.