In re Kemmo N.

540 A.2d 1202, 75 Md. App. 269, 1988 Md. App. LEXIS 100
Court of Special Appeals of Maryland·Decided May 12, 1988·No. No. 1000·Published·Cited by 2 cases

Opinion

ROSALYN B. BELL, Judge.

Appellee is a minor who was under the age of 16 at the time of his allegedly delinquent act. Appellee was originally charged with “strong arm robbery,” theft of less than $300, possession of PCP and possession of PCP with the intent to distribute it.

Two weeks after charges were made, the Juvenile Services Administration’s (JSA) intake officer advised the arresting officer, through use of the form prescribed by Md.Cts. & Jud.Proc.Code Ann. § 3-810.1 (1974, 1984 Repl.Vol., 1987 [271]*271Cum.Supp.), that he had decided not to authorize juvenile court action in appellee’s case because:

“[1.] The juvenile was issued a reprimand and warned against future involvement in delinquent activities.
“[2.] The juvenile will receive informal supervision by this Intake Officer which will include counseling and possibly referral to a program or agency to further work with problems seen as important to the juvenile’s future adjustment.
“[3.] The juvenile will participate in a delinquency division program while on informal supervision.”

The letter advising the arresting officer1 of JSA’s decision also advised him of his right to appeal the intake officer’s decision to the Montgomery County State’s Attorney’s Office and provided the arresting officer with the appeal form.2

The arresting officer appealed to the State’s Attorney’s Office. That office in turn contacted JSA, which forwarded to the State’s Attorney’s Office a copy of the police report filed in connection with the matter, and a Juvenile Report Cover Sheet indicating appellee’s prior involvement with JSA.

The State’s Attorney reviewed the police report and juvenile cover sheet and filed a delinquency petition against appellee. Following a hearing, the District Court of Maryland for Montgomery County, sitting as a juvenile court, concluded that the State’s Attorney erred in reviewing only the police report and juvenile cover sheet prior to filing the [272]*272petition against appellee. The district court also ruled that there was no right of appeal from JSA’s determination to proceed informally in this matter. The court further held that the sanction for such errors was dismissal and dismissed the delinquency petition.

We hold that there is no appeal from a juvenile services intake officer’s decision to proceed by way of an informal adjustment when all parties to the proceeding consent to that procedure. Thus, we decline to address the sufficiency of the State’s Attorney’s review of appellee’s case before filing the petition against him.3

Appellant argues that, based on the form prescribed by § 3-810.1, the Legislature could not have intended to eliminate the right to appeal from a JSA decision to proceed informally. Specifically, appellant contends that inclusion of an “informal adjustment” as a reason for denying authorization to file a petition is inconsistent with the proposition that informal adjustments are not appealable. Appellant concludes that the intake officer’s decision to proceed with an informal adjustment, as a matter of law, amounted to a denial of authority to file a petition so that an appeal was permitted. We disagree.

In Kaczorowski v. City of Baltimore, 309 Md. 505, 525 A.2d 628 (1987), the Court said that in enacting legislation

“it is fair to say that legislation usually has some objective, goal, or purpose. It seeks to remedy some evil, to advance some interest, to attain some end. If we characterize the search for legislative intent as an effort to ‘seek to discern some general purpose, aim, or policy reflected in the statute,’ wé state the concept more accurately and avoid the fiction____ ‘We also recognize the rule that where a statute is plainly susceptible of more [273]*273than one meaning and thus contains an ambiguity, courts consider not only the literal or usual meaning of the words, but their meaning and effect in light of the setting, the objectives and purpose of the enactment. In such circumstances, the court, in seeking to ascertain legislative intent, may consider the consequences resulting from one meaning rather than another, and adopt that construction which avoids an illogical or unreasonable result, or one which is inconsistent with common sense.’ ... When we pursue the context of statutory language, we are not limited to the words of the statute as they are printed in the Annotated Code. We may and often must consider other ‘external manifestations’ or ‘persuasive evidence,’ including a bill’s title and function paragraphs, amendments that occurred as it passed through the legislature, its relationship to earlier and subsequent legislation, and other material that fairly bears on the fundamental issue of legislative purpose or goal, which becomes the context within which we read the particular language before us in a given case.”

Kaczorowski, 309 Md. at 513-15, 525 A.2d 628 (citations omitted). Thus, in interpreting statutory language, we look at the plain language, the legislative purpose and “external manifestations” such as its relationship to subsequent legislation.

Plain Language

In cases involving allegations that a child less than 16 years old committed a delinquent act, the JSA intake officer does far more than simply receive and file complaints. Under § 3-810(b)(l), he or she must make a preliminary inquiry to determine whether the juvenile court has jurisdiction and whether judicial action is in the best interests of the public or the child. Ultimately, he or she must choose among four courses of action: “(i) authorize the filing of a petition, (ii) conduct a further investigation into the allegations of the complaint, (iii) propose an informal adjustment of the matter, or (iv) refuse authorization to file a petition.” [274]*274Md.Cts. & Jud.Proc.Code Ann. § 3-810(b)(l) (1974, 1984 RepLVol.).4

If the intake officer decides to file a petition, he or she must notify the parties of the reasons for the decision. § 3-810(c)(2). If practicable, he or she must provide the victim, arresting officer and petitioner with the same information. § 3-810(c)(3). If the intake officer concludes that a further investigation is warranted, he or she has 10 days to complete such investigation and render a decision. § 3-810(d).

Section 3-810 reads in pertinent part:

“(e) The intake officer may propose an informal adjustment of the matter if based on the complaint, his preliminary inquiry, and such further investigation as he may make, he concludes that the court has jurisdiction but that an informal adjustment, rather than judicial action, is in the best interests of the public and the child. If the intake officer proposes an informal adjustment, he shall inform the parties of the nature of the complaint, the objectives of the adjustment process, the conditions and procedures under which it will be conducted, and the fact that it is not obligatory. The intake officer shall not proceed with an informal adjustment unless all parties to the proceeding consent to that procedure.

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In re Kemmo N., 540 A.2d 1202, 75 Md. App. 269, 1988 Md. App. LEXIS 100 (Md. Ct. App. 1988).

540 A.2d 1202 (In re Kemmo N.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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