In re David D.

Weant, J., delivered the opinion of the Court. David D., the appellee, was charged in juvenile petition 449-81 with tampering with a motor vehicle, damaging a motor vehicle, and destruction of property. At a hearing on 22 May 1981 the petition was dismissed for lack of jurisdiction in the Circuit Court for Prince George’s County, sitting as a juvenile court. The State of Maryland filed a timely appeal to this Court. ⁷² On appeal the state asks a single question: Whether the complainant in a juvenile action is entitled to rely on the mailing presumption of Maryland Rule 306 (c) (3) when filing an appeal pursuant to Courts Article, § 3-810 (h) (1) once the juvenile intake officer denies authorization to file the petition?

Appellee was charged on 11 December 1980. The Juvenile Services Administration received the case on 14 January 1981, and declined to file a petition against appellee at the intake level. On 22 January 1981 notice that the intake officer would not prosecute was mailed to the concerned parties and this notice presumably was received on 23 January 1981. The arresting officer, Craig James Hickerson, decided to appeal the decision not to prosecute to the state’s attorney’s office; he signed the necessary form on 4 February 1981, and mailed it on 4 or 5 February 1981.

The state’s attorney’s office received the form on 9 February 1981. The trial court dismissed the petition for non-compliance with Cts. & Jud. Proc. Code Ann. § 3-810 (h) (1), which requires that the state’s attorney’s office receive notice of appeal within 15 days after the mailing of the intake officer’s decision.

The court held that Maryland Rule 306 did not apply. We disagree with that decision. Since juvenile proceedings are civil, In