§ 278-165. Petition filing and dismissal.

A petition shall be filed by the Prosecutor with the Court within 48 hours of receiving the arrest report from Department, excluding Saturdays, Sundays and Court holidays, and, if not filed within the stated time, the child shall be released.

If a child is detained and further detainment is sought, the petition shall be filed with the Court within 24 hours from receipt of the arrest report.

If a child is not detained or in custody, the Prosecutor shall file a petition within 20 days of receiving the referral from the Department.

If the Court determines a petition alleging delinquent act(s) was filed beyond the 20 calendar day preliminary inquiry, the petition shall be dismissed with prejudice unless upon a proper showing of due diligence of timely filing by the Prosecutor, then the Court may authorize the petition to be re-filed within 20 calendar days from the date of dismissal.