Juvenile Law - Child in Need of Supervision - Mandatory Petition (NyKayla Strawder Memorial Act), the official text

WES MOORE, Governor                        Ch. 635

Chapter 635

                   (House Bill 776)

AN ACT concerning

Juvenile Law – Child in Need of Supervision – Mandatory Petition
                         (NyKayla Strawder Memorial Act)

FOR the purpose of requiring an intake officer to file a petition alleging that a child under
         a certain age is a child in need of supervision if the child is alleged to have committed
         an act that results in the death of a victim; requiring a law enforcement officer to
         forward a complaint alleging that a child under a certain age committed an act that
         resulted in the death of a victim to the Department of Juvenile Services; and
         generally relating to juvenile law.

BY repealing and reenacting, without amendments,
         Article – Courts and Judicial Proceedings
         Section 3–8A–10(b)
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Courts and Judicial Proceedings
         Section 3–8A–10(c)
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Criminal Procedure
         Section 2–108
         Annotated Code of Maryland
         (2025 Replacement Volume)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Courts and Judicial Proceedings

3–8A–10.

(b) An intake officer shall receive:

                  (1) Complaints from a person or agency having knowledge of facts which
may cause a person to be subject to the jurisdiction of the court under this subtitle; and

             (2) Citations issued by a police officer under § 3–8A–33 of this subtitle.
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Ch. 635  2026 LAWS OF MARYLAND

         (c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, in
considering the complaint, the intake officer shall make an inquiry within 15 business days
as to whether the court has jurisdiction and whether judicial action is in the best interests
of the public or the child.

                           (ii) If a law enforcement officer requests that the intake officer
authorize detention for a child under § 3–8A–15 of this subtitle and the intake officer does
not authorize detention, the intake officer shall make an inquiry within 2 business days as
to whether the court has jurisdiction and whether judicial action is in the best interests of
the public or the child.

                  (2) An inquiry need not include an interview of the child who is the subject
of the complaint if the complaint alleges the commission of an act that would be a felony if
committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law
Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or § 5–703 of the Public
Safety Article.

                  (3) In accordance with this section, the intake officer shall, immediately
after such inquiry:

         (i) Authorize the filing of a petition or a peace order request or both;

         (ii) Propose an informal adjustment of the matter; or

         (iii) Refuse authorization to file a petition or a peace order request or

both.

                  (4) (i) If a complaint is filed that alleges the commission of an act which
would be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of
the Criminal Law Article or a violation of § 5–133, § 5–134, § 5–138, § 5–142, § 5–203, or §
5–703 of the Public Safety Article, and if the intake officer denies authorization to file a
petition or proposes an informal adjustment, the intake officer shall immediately:

         1. Forward the complaint to the State’s Attorney; and

                                    2. Forward a copy of the entire intake case file to the State’s
Attorney with information as to any and all prior intake involvement with the child.

                           (ii) If a complaint is filed that alleges the commission of a delinquent
act by a child who was under the supervision of the Department of Juvenile Services at the
time of the alleged delinquent act, and if the intake officer denies authorization to file a
petition or proposes informal adjustment, the intake officer shall immediately:

         1. Forward the complaint to the State’s Attorney; and

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WES MOORE, Governor  Ch. 635

                                    2. Forward a copy of the entire intake case file to the State’s
Attorney with information as to any and all prior intake involvement with the child.

                           (iii) The State’s Attorney shall make a preliminary review as to
whether the court has jurisdiction and whether judicial action is in the best interests of the
public or the child. The need for restitution may be considered as one factor in the public
interest. After the preliminary review the State’s Attorney shall, within 30 days of the
receipt of the complaint by the State’s Attorney, unless the court extends the time:

                                    1. File a petition or a peace order request or both;

                                    2. Refer the complaint to the Department of Juvenile
Services for informal disposition; or

                                    3. Dismiss the complaint.

                           (iv) This paragraph may not be construed to prohibit an intake officer
from proceeding with an informal adjustment while the State’s Attorney conducts a
preliminary review under subparagraph (ii) or (iii) of this paragraph.

                           (v) This subsection may not be construed or interpreted to limit the
authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.

                  (5) If a complaint is filed that alleges the commission of an act by a child
under the age of 13 years that, if committed by an adult, would constitute theft of a motor
vehicle under § 7–105 of the Criminal Law Article, the intake officer shall authorize the
filing of a petition alleging that the child is in need of supervision.

                (6) IF A COMPLAINT IS FILED THAT ALLEGES THE COMMISSION OF AN
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS IN THE DEATH OF A
VICTIM, THE INTAKE OFFICER SHALL FILE A PETITION ALLEGING THAT THE CHILD
IS IN NEED OF SUPERVISION.

                                        Article – Criminal Procedure

2–108.

         (a) A law enforcement officer who charges a minor with a criminal offense shall
make a reasonable attempt to provide actual notice to the parent or guardian of the minor
of the charge.

         (b) If a law enforcement officer takes a minor into custody, the law enforcement
officer or the officer’s designee shall make a reasonable attempt to notify the parent or
guardian of the minor in accordance with the requirements of § 3–8A–14 of the Courts
Article.

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Ch. 635  2026 LAWS OF MARYLAND

         (c) If a law enforcement officer alleges the commission of an act by a child under
the age of 13 years that, if committed by an adult, would constitute theft of a motor vehicle
under § 7–105 of the Criminal Law Article, the law enforcement officer shall forward the
complaint to the Department of Juvenile Services to file a petition alleging that the child is
in need of supervision.

        (D) IF A LAW ENFORCEMENT OFFICER ALLEGES THE COMMISSION OF AN
ACT BY A CHILD UNDER THE AGE OF 13 YEARS THAT RESULTS IN THE DEATH OF A
VICTIM, THE LAW ENFORCEMENT OFFICER SHALL FORWARD THE COMPLAINT TO
THE DEPARTMENT OF JUVENILE SERVICES FOR APPROPRIATE ACTION.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 26, 2026.

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