Maryland 2022 Regular Session

Maryland House Bill HB1010 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1010
6	6
7	7	HOUSE BILL 1010
8	8	J1, D1, O4 2lr2637
9	9
10	10	By: Delegate Kipke
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Children – Substance Abuse Court–Ordered Evaluations and Treatment 2
19	19
20	20	FOR the purpose of requiring a circuit court for a county sitting as the juvenile court to 3
21	21	order a child to enter a State–licensed substance abuse treatment program under 4
22	22	certain circumstances; requiring the Department of Juvenile Services to provide 5
23	23	substance abuse treatment to a child who is ordered to enter a State–licensed 6
24	24	substance abuse treatment program; and generally relating to children, substance 7
25	25	abuse, and court–ordered treatment. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Courts and Judicial Proceedings 10
29	29	Section 3–8A–03(a) 11
30	30	Annotated Code of Maryland 12
31	31	(2020 Replacement Volume and 2021 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Health – General 15
35	35	Section 8–5A–01 and 8–5A–02 to be under the new subtitle “Subtitle 5A. Substance 16
36	36	Abuse – Children – Court–Ordered Evaluations and Treatment” 17
37	37	Annotated Code of Maryland 18
38	38	(2019 Replacement Volume and 2021 Supplement) 19
39	39
40	40	BY repealing and reenacting, with amendments, 20
41	41	Article – Human Services 21
42	42	Section 9–243 22
43	43	Annotated Code of Maryland 23
44	44	(2019 Replacement Volume and 2021 Supplement) 24
45	45
46	46	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
47	47	That the Laws of Maryland read as follows: 26
48	48	2 HOUSE BILL 1010
49	49
50	50
51	51	Article – Courts and Judicial Proceedings 1
52	52
53	53	3–8A–03. 2
54	54
55	55	(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 3
56	56	exclusive original jurisdiction over: 4
57	57
58	58	(1) A child who is alleged to be delinquent or in need of supervision or who 5
59	59	has received a citation for a violation; 6
60	60
61	61	(2) Except as provided in subsection (d)(6) of this section, a peace order 7
62	62	proceeding in which the respondent is a child; [and] 8
63	63
64	64	(3) Proceedings arising under the Interstate Compact on Juveniles; AND 9
65	65
66	66	(4) A CHILD WHO IS IN NEED OF AND MAY B ENEFIT FROM INPATIEN T 10
67	67	OR OUTPATIENT SUBSTA NCE ABUSE TREATMENT PROVIDED UNDER § 3–8A–15(I)(3) 11
68	68	OF THIS SUBTITLE OR ORDERED UNDER § 8–5A–02 OF THE HEALTH – GENERAL 12
69	69	ARTICLE. 13
70	70
71	71	Article – Health – General 14
72	72
73	73	SUBTITLE 5A. SUBSTANCE ABUSE – CHILDREN – COURT–ORDERED EVALUATIONS 15
74	74	AND TREATMENT. 16
75	75
76	76	8–5A–01. 17
77	77
78	78	IN THIS SUBTITLE, “COURT” MEANS THE CIRCUIT CO URT FOR A COUNTY 18
79	79	SITTING AS THE JUVEN ILE COURT. 19
80	80
81	81	8–5A–02. 20
82	82
83	83	(A) IF IT APPEARS TO A CO URT THAT A CHILD IS IN NEED OF AND MAY 21
84	84	BENEFIT FROM INPATIENT OR OUTPATI ENT SUBSTANCE ABUSE TREATMENT IN A 22
85	85	STATE–LICENSED SUBSTANCE ABUSE TREA TMENT PROGRAM , THE COURT SHALL 23
86	86	ORDER THE DEPARTMENT TO EVALUAT E THE CHILD. 24
87	87
88	88	(B) THE COURT SHALL SET A ND MAY CHANGE THE CO NDITIONS UNDER 25
89	89	WHICH AN EVALUATION IS TO BE CONDUCTED UNDER THIS SECTION. 26
90	90
91	91	(C) THE DEPARTMENT SHALL ENSU RE THAT EACH EVALUAT ION ORDERED 27
92	92	UNDER THIS SECTION I S CONDUCTED IN ACCOR DANCE WITH REGULATIO NS 28
93	93	ADOPTED BY THE DEPARTMENT . 29
94	94	HOUSE BILL 1010 3
95	95
96	96
97	97	(D) IF THE DEPARTMENT FINDS THAT A CHILD E VALUATED UNDER THIS 1
98	98	SECTION W OULD BENEFIT FROM IN PATIENT OR OUTPATIEN T SUBSTANCE ABUSE 2
99	99	TREATMENT , THE COURT SHALL ORDE R THE CHILD TO ENTER A STATE–LICENSED 3
100	100	SUBSTANCE ABUSE TREA TMENT PROGRAM . 4
101	101
102	102	Article – Human Services 5
103	103
104	104	9–243. 6
105	105
106	106	(a) If requested by a juvenile court or by any other court in a proceeding that 7
107	107	involves the interest of a minor, the Department shall provide the services described in this 8
108	108	title. 9
109	109
110	110	(b) The Department shall provide the employees necessary for any services that 10
111	111	a juvenile court orders. 11
112	112
113	113	(C) (1) THE DEPARTMENT SHALL PROV IDE INPATIENT OR OUT PATIENT 12
114	114	SUBSTANCE ABUSE TREA TMENT TO A CHILD WHO IS ORDERED BY A COURT UNDER § 13
115	115	8–5A–01 OF THE HEALTH – GENERAL ARTICLE TO ENTER A STATE–LICENSED 14
116	116	SUBSTANCE ABUSE TREA TMENT PROGRAM . 15
117	117
118	118	(2) THE DEPARTMENT SHALL REI MBURSE AN ENTITY FOR THE COSTS 16
119	119	OF SERVICES TO PROVI DE SUBSTANCE ABUSE T REATMENT IN ACCORDAN CE WITH 17
120	120	PARAGRAPH (1) OF THIS SUBSECTION . 18
121	121
122	122	[(c)] (D) The Department shall cooperate with the juvenile court in carrying out 19
123	123	the objectives of this title and Title 3, Subtitles 8 and 8A of the Courts Article. 20
124	124
125	125	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
126	126	October 1, 2022. 22