In re Kemmo N.

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 Cum.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 officer 1 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 petition 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 than 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 Md.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. “(f) During the informal adjustment process, the child shall be subject to such supervision as the intake officer deems appropriate; however, no party is compelled to appear at any conference, produce any paper, or visit any place. The informal adjustment process shall not exceed 90 days unless that time is extended by the court. If all of the parties do not consent to an informal adjustment, or such adjustment cannot, in the judgment of the intake officer, be completed successfully, he shall ²⁷⁵ authorize the filing of a petition or deny authorization to file a petition pursuant to subsection (g). “(g) If based upon the complaint, his preliminary inquiry, and such further investigation as he may make, the intake officer concludes that the court has no jurisdiction, or that neither an informal adjustment nor judicial action is appropriate, he may deny authorization to file a petition. He shall, in that event, inform the following persons, through use of the form prescribed by § 3-810.1 of this article, of his decision, the reasons for it, and their right of review provided in this section: (1) The victim; (2) The arresting police officer; and (3) The person or agency that filed the complaint or caused it to be filed. “(h)(1) If the complaint alleges the commission of a delinquent act and the intake officer denies authorization to file a petition, the following persons, may appeal the denial to the State’s Attorney: (i) The victim; (ii) The arresting police officer; and (iii) The person or agency that filed the complaint or caused it to be filed.

In order for an appeal to be made, it must be received by the State’s Attorney’s office within 30 days after the form prescribed by § 3-810.1 is mailed by the juvenile intake officer to the person being informed of the intake officer’s decision. “(2) The State’s Attorney shall review the denial. If he concludes that the court has jurisdiction and that judicial action is in the best interests of the public or the child, he may file a petition. This petition shall be filed within 30 days of the receipt of the complainant’s appeal.” (Emphasis added.) For our purposes, a careful reading of subsections (e), (f) and (g) is crucial to understanding under what circumstances the form providing for the right to appeal is to be sent. Under subsection (e) and (f), the intake officer may proceed ²⁷⁶ with an informal adjustment provided that all of the parties to the proceeding consent.

It is only when the parties do not consent to an informal adjustment or the intake officer concludes that such adjustment cannot be completed successfully that he or she “shall authorize the filing of a petition or deny authorization to file a petition pursuant to subsection (g).” 5 § 3-810(f) (emphasis added). In other words, if the parties consent to an informal adjustment, the intake officer is not in a position to deny authorization to file a petition and the form at issue is not sent. Finally, under subsection (g), the form is sent when the intake officer denies authorization to file if he or she does not feel that an informal adjustment is appropriate. 6 Thus, the form is only required to be transmitted if the parties do not consent to an informal adjustment and the intake officer denies authorization to file or the intake officer does not feel that an informal adjustment is appropriate and he or she denies authorization to file a petition. The plain language of the statute does not support appellant’s position that the intake officer’s decision to proceed with an informal adjustment amounts to a denial of authorization to file a petition, thereby permitting an appeal. “If the intake officer decided ... that an informal adjustment was appropriate, the matter could be resolved if all parties to the proceeding consented to the conditions and procedures set out for the adjustment process.

In that case, the State’s Attorney was essentially precluded from filing a petition. If the intake officer instead denied authorization to file a petition, the State’s Attorney could review that decision only if the individual or agency who ²⁷⁷ originally complained to J.S.A. appealed to the State’s Attorney.” In re Patrick A., 70 Md.App. 191, 195-96 , 520 A.2d 743 (1987). In other words, for purposes of triggering a right of appeal, disposition by informal adjustment is not the equivalent of denying authorization to file a petition. In the case sub judice, the intake officer proposed an informal adjustment.

There is no indication that any party withheld consent. Thus, the intake officer did not need to and should not have sent the form prescribed by § 3-810.1 to the arresting officer because it erroneously indicated that he was denying authorization to file a petition. Legislative Purpose In In re Keith W., 310 Md. 99, 527 A.2d 35 (1987), the Court of Appeals said: “As we see it, the overriding goal of Maryland’s juvenile statutory scheme is to rehabilitate and treat delinquent juveniles so that they become useful and productive members of society. As stated in part, the juvenile subtitle’s purpose is ‘[t]o provide for the care, protection, and wholesome mental and physical development of