Maryland Has Lowered the Age of Court Jurisdiction Over Juvenile Cases

In Maryland, anyone under the age of 18 is considered a child / juvenile. Children who are charged with and/or commit crimes are not treated the same as adults. In fact, a criminal offense committed by a child is deemed a delinquent act – a delinquent act is any offense that would be considered a crime had it been committed by an adult. Once a child is proved to have committed a delinquent act, then that child will be considered an adjudicated delinquent and the juvenile court will make a disposition regarding that child, one that typically imposes some guidance, counseling, rehabilitation, and/or treatment.
After a child is arrested or is the subject of a complaint filed by the police, school, or private citizen, Maryland’s Department of Juvenile Services (DJS) will evaluate and assess the complaint – this evaluation and assessment will be performed by an intake officer. The child may be taken into custody by court order, lawful arrest, emergency protection, or as a runaway. Once a child is taken into custody, the child’s parent, custodian or guardian must be notified immediately. DJS may determine that an informal adjustment be used to address the matter rather than any judicial intervention – such as community service, individual / family counseling, substance abuse treatment, restitution, and/or referrals to other agencies for additional services. If DJS determines that judicial intervention is necessary, it will refer the matter to the State’s Attorney for the filing of a petition – should the State file a petition in juvenile court alleging that a child is a delinquent (and the child is not detained), the juvenile court will first conduct the fact finding hearing called an adjudication hearing to determine whether the child committed the offense – and if the juvenile court determines the child did commit the offense, the court will schedule a disposition hearing at which time the court will decide whether the child needs guidance, rehabilitation, and/or treatment.
Effective November 1, 2024, Maryland’s juvenile laws have changed – most significantly, children between the ages of 10 to 12 years of age may be subject to the juvenile court’s jurisdiction and may be adjudicated delinquent for particular offenses. Prior to this change, the juvenile court’s jurisdiction regarding delinquency only covered children who were at least 13 years of age.