§ 5201. Commencement of delinquency proceedings

(a) Proceedings under this chapter shall be commenced by:

(1) transfer to the court of a proceeding from another court as provided in section 5203 of this title; or

(2) the filing of a delinquency petition by a State's Attorney.

(b) If the proceeding is commenced by transfer from another court, no petition need be filed; however, the State's Attorney shall provide to the court the name and address of the child's custodial parent, guardian, or custodian and the name and address of any noncustodial parent if known.

(c) Any proceeding concerning a child who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining 14 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State's Attorney files the charge directly as a youthful offender petition in the Family Division.

[Subsection (d) effective until July 1, 2020; see also subsection (d) effective July 1, 2020 and effective until July 1, 2022, and subsection (d) effective July 1, 2022.]

(d) Any proceeding concerning a child who is alleged to have committed a misdemeanor offense before attaining 18 years of age shall originate in the Family Division of the Superior Court.

[Subsection (d) effective July 1, 2020 and effective until July 1, 2022; see also subsection (d) effective until July 1, 2020 set out above and subsection (d) effective July 1, 2022.]

(d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title before attaining 19 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.

[Subsection (d) effective July 1, 2022; see also subsection (d) effective until July 1, 2020 and subsection (d) effective July 1, 2020 and effective until July 1, 2022.]

(d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title before attaining 20 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.

[Subsection (e) repealed effective July 1, 2020.]

(e) Any proceeding concerning a child who is alleged to have committed a felony offense other than those specified in subsection 5204(a) of this title before attaining 18 years of age shall originate in the Family Division of the Superior Court provided that jurisdiction may be transferred in accordance with this chapter.

(f) If the State requests that custody of the child be transferred to the Department, a temporary care hearing shall be held as provided in subchapter 3 of this chapter.

(g) A petition may be withdrawn by the State's Attorney at any time prior to the hearing thereon, in which event the child shall be returned to the custodial parent, guardian, or custodian, the proceedings under this chapter terminated, and all files and documents relating thereto sealed under section 5119 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 159 (Adj. Sess.), § 2; 2015, No. 153 (Adj. Sess.), § 9, eff. Jan. 1, 2017; 2017, No. 201 (Adj. Sess.), § 13, eff. July 1, 2020; 2017, No. 201 (Adj. Sess.), § 17, eff. July 1, 2022; 2019, No. 45, § 3, eff. May 30, 2019.)