In re Appeal No. 1038

*Orth, C. J., delivered the opinion of the Court. In the law pertaining to juveniles, an “adult” means a person who is 18 years old or older, and a “child” means a person under the age of 18 years. Courts Art. § 3-801 (b) and (c). 1 The appellant in this case was the respondent in a ²⁴¹ juvenile action. In accordance with Maryland Rule 1097, he shall remain anonymous, but for ease of expression shall be hereinafter known as “Thomas”.

Thomas was born on 8 September 1957. Therefore, before 8 September 1975 he was a child, but became an adult on that date. While he was yet a child, twelve petitions were filed in the Circuit Court for Cecil County, six on 8 August 1975 and six on 11 August 1975, alleging that he was a “delinquent child”, that is “a child who has committed a delinquent act 2 and requires guidance, treatment, or rehabilitation.” Courts Art. § 3-801 (j). The delinquent acts were designated as having been committed during periods varying between 13 October 1974 and 22 November 1974.

They involved the breaking and entering of certain premises and the larceny of personal property therefrom. 3 There was an adjudicatory hearing on 11 September 1975 in the Circuit Court for Cecil County sitting as the Juvenile Court. Courts Art. § 3-801 (g). At that time, Thomas was an adult, but he was found to be a delinquent child under each petition. By its order the same date, the court placed him in the care and custody of the Secretary, Maryland Department of Health and Mental Hygiene, for commitment to Boys’ Forestry Camp for an indeterminate period. 4 A motion for “a partial new trial” was heard and denied on 25 September.

On 3 October, Thomas appealed. The primary issue on appeal challenges the jurisdiction of the court below to determine that Thomas was a delinquent child. As we observed in In Re Appeal, No. 1258, September Term, 1975, from the District Court of Montgomery County sitting as a Juvenile Court, 32 Md. App. 225 (1976), the ²⁴² issue stems from the wording of Courts Art. § 3-805 (a) vis-á-vis Courts Art. § 3-807(b). The general jurisdiction of a juvenile court is ordinarily as provided by § 3-804 (a) which includes that a juvenile court has exclusive original jurisdiction over a child alleged to be delinquent.

Section 3-805 (a) refines this: “If a child is alleged to be delinquent, the age of the child at the time the alleged delinquent act was committed controls the determination of jurisdiction under this subtitle.” Although § 3-805 (a) gives a juvenile court exclusive original jurisdiction over a person who is alleged to have committed a delinquent act while a child, § 3-807 (b) limits this jurisdiction: “The court has exclusive original jurisdiction, but only for the purpose of waiving it, over an adult who is alleged to have committed a delinquent act while a child.” We found in In Be Appeal No. 1258 that when a person is alleged to have committed a delinquent act while a child, and is charged therewith under a juvenile petition filed after he has attained the age of 18 years, the Juvenile Court has jurisdiction only for the purpose of determining whether to waive that jurisdiction. If the Juvenile Court properly waives its jurisdiction, the person then may be tried for the crimes as if he had been an adult when he committed them. If, however, the court determines that its jurisdiction ought not to be waived in the circumstances, then the person could not be tried and would go free. A juvenile court would have no jurisdiction to try him because of the provisions of § 3-807 (b) and a circuit court would have no jurisdiction to try him because § 3-807 (a) prohibits the prosecution of a person subject to the jurisdiction of a juvenile court for a criminal offense committed before he reached 18 years of age unless jurisdiction has been waived.

By express language the limitation on the exclusive original jurisdiction of a juvenile court imposed by § 3-807 ²⁴³ (b) applies to “an adult who is alleged to have committed a delinquent act while a child.” (emphasis added) In No. 1258, Albert had attained 18 years of age when the petitions were filed against him. Thus, he was an adult when he was alleged to have committed a delinquent act while a child, and the limitation of § 3-807 (b) was applicable). In the case sub judice, on the other hand, Thomas was under 18 years of age when the petitions were filed against him. Thus, he was not an adult when he was alleged to have committed delinquent acts while a child, and the limitation of § 3-807 (b) was not applicable.

In other words, under the juvenile subtitle, we believe that an allegation of delinquency is made by the filing of a petition. §§ 3-810 and 3-812. If the petition is filed after the respondent has attained the age of 18 years, the restrictions of § 3-807 (b) apply. If the petition is filed before the respondent attains the age of 18 years the restrictions do not apply. In short, it is the time of the filing of the petition, not the time of the adjudicatory hearing, which is determinative of the application of § 3-807 (b). 5 We do not agree with Thomas’s contention that the court below never acquired jurisdiction over him.

The court below had exclusive original jurisdiction over Thomas. That jurisdiction was not limited and was not waived. The jurisdiction obtained will continue until Thomas reaches 21 years of age unless terminated sooner. Courts Art. § 3-806 (a). 6 Therefore, the court properly held an adjudicatory ²⁴⁴ hearing on the issue of whether Thomas was a delinquent child.

Courts Art. § 3-812 (c) provides that pleadings in juvenile causes and the procedures to be followed by the court shall be as specified in the Maryland Rules. Rule 907, § b provides: “If a respondent child has filed a pleading admitting the allegations of the juvenile petition or indicates to the court his intention not to deny those allegations, the court, before proceeding with an adjudicatory hearing, shall, in open court and on the record, advise the respondent child of the nature and possible consequence of his action or intented action. The court shall neither encourage nor discourage the respondent child with respect to his action or intended action, but shall ascertain to its satisfaction, in open court and on the record, that the respondent child understands the nature and possible consequence of failing to deny the allegations of the juvenile petition, and that he takes that action knowingly and voluntarily." 7 Thomas filed an Answer, signed by him, his mother and his father, and witnessed by his attorney, which went to all ²⁴⁵ twelve petitions. It expressed an understanding of his rights, which were set out in detail, and concluded: “WHEREFORE, being satisfied that we have received fair notice of the allegations in the petition and that we understand the allegations and our rights as set forth above, we, the undersigned, voluntarily and of our own free will: waive the right to a hearing on the allegations in the petition; admit that the statements in the petition are true and correct; and, consent to have the Court make a finding of delinquency and make an appropriate disposition in this case.” At the adjudicatory hearing on 11 September 1975, the court fully complied with the requirements of Rule 907, § b.

The transcript of the proceedings reflects a careful and thorough personal inquiry of Thomas by the judge. The judge ascertained that Thomas understood the nature and possible consequence of admitting the truth of the allegations of the juvenile petitions, and that he made the admissions knowingly and voluntarily. Having ascertained this to his satisfaction, the judge called for and received a statement from the State of the facts and circumstances of the delinquent acts admitted. Thomas expressly declared that he agreed with the statement of facts as given and that there was nothing he wanted to add or change.

The judge said: “Based upon your answers to the Court’s questions concerning your knowledge and comprehension of the answer in this case and its effect, [the State’s] statement with regard to the circumstances, the Court will accept the answer in each of these answers. Mr. Clerk, you can say that the finding of the Court in each case is delinquent.” A disposition hearing then followed. As we read Thomas’s brief on appeal, he does not dispute ²⁴⁶ that the record is sufficient to show that, represented by counsel, he voluntarily admitted committing the acts alleged in the petitions, that he “was advised of, understood and waived his constitutional rights against compulsory self-incrimination and to confront his accusers,” and that he was aware of the sanctions which could be imposed upon him by the Juvenile Court. See In Re Appeal No. 544, September Term, 1974, 25 Md. App. 26 (1975) cert. granted,