EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1010*
HOUSE BILL 1010
J1, D1, O4 2lr2637
By: Delegate Kipke
Introduced and read first time: February 10, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Children – Substance Abuse Court–Ordered Evaluations and Treatment 2
FOR the purpose of requiring a circuit court for a county sitting as the juvenile court to 3
order a child to enter a State–licensed substance abuse treatment program under 4
certain circumstances; requiring the Department of Juvenile Services to provide 5
substance abuse treatment to a child who is ordered to enter a State–licensed 6
substance abuse treatment program; and generally relating to children, substance 7
abuse, and court–ordered treatment. 8
BY repealing and reenacting, with amendments, 9
Article – Courts and Judicial Proceedings 10
Section 3–8A–03(a) 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2021 Supplement) 13
BY adding to 14
Article – Health – General 15
Section 8–5A–01 and 8–5A–02 to be under the new subtitle “Subtitle 5A. Substance 16
Abuse – Children – Court–Ordered Evaluations and Treatment” 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Human Services 21
Section 9–243 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2021 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 1010
Article – Courts and Judicial Proceedings 1
3–8A–03. 2
(a) In addition to the jurisdiction specified in Subtitle 8 of this title, the court has 3
exclusive original jurisdiction over: 4
(1) A child who is alleged to be delinquent or in need of supervision or who 5
has received a citation for a violation; 6
(2) Except as provided in subsection (d)(6) of this section, a peace order 7
proceeding in which the respondent is a child; [and] 8
(3) Proceedings arising under the Interstate Compact on Juveniles; AND 9
(4) A CHILD WHO IS IN NEED OF AND MAY B ENEFIT FROM INPATIEN T 10
OR OUTPATIENT SUBSTA NCE ABUSE TREATMENT PROVIDED UNDER § 3–8A–15(I)(3) 11
OF THIS SUBTITLE OR ORDERED UNDER § 8–5A–02 OF THE HEALTH – GENERAL 12
ARTICLE. 13
Article – Health – General 14
SUBTITLE 5A. SUBSTANCE ABUSE – CHILDREN – COURT–ORDERED EVALUATIONS 15
AND TREATMENT. 16
8–5A–01. 17
IN THIS SUBTITLE, “COURT” MEANS THE CIRCUIT CO URT FOR A COUNTY 18
SITTING AS THE JUVEN ILE COURT. 19
8–5A–02. 20
(A) IF IT APPEARS TO A CO URT THAT A CHILD IS IN NEED OF AND MAY 21
BENEFIT FROM INPATIENT OR OUTPATI ENT SUBSTANCE ABUSE TREATMENT IN A 22
STATE–LICENSED SUBSTANCE ABUSE TREA TMENT PROGRAM , THE COURT SHALL 23
ORDER THE DEPARTMENT TO EVALUAT E THE CHILD. 24
(B) THE COURT SHALL SET A ND MAY CHANGE THE CO NDITIONS UNDER 25
WHICH AN EVALUATION IS TO BE CONDUCTED UNDER THIS SECTION. 26
(C) THE DEPARTMENT SHALL ENSU RE THAT EACH EVALUAT ION ORDERED 27
UNDER THIS SECTION I S CONDUCTED IN ACCOR DANCE WITH REGULATIO NS 28
ADOPTED BY THE DEPARTMENT . 29
HOUSE BILL 1010 3
(D) IF THE DEPARTMENT FINDS THAT A CHILD E VALUATED UNDER THIS 1
SECTION W OULD BENEFIT FROM IN PATIENT OR OUTPATIEN T SUBSTANCE ABUSE 2
TREATMENT , THE COURT SHALL ORDE R THE CHILD TO ENTER A STATE–LICENSED 3
SUBSTANCE ABUSE TREA TMENT PROGRAM . 4
Article – Human Services 5
9–243. 6
(a) If requested by a juvenile court or by any other court in a proceeding that 7
involves the interest of a minor, the Department shall provide the services described in this 8
title. 9
(b) The Department shall provide the employees necessary for any services that 10
a juvenile court orders. 11
(C) (1) THE DEPARTMENT SHALL PROV IDE INPATIENT OR OUT PATIENT 12
SUBSTANCE ABUSE TREA TMENT TO A CHILD WHO IS ORDERED BY A COURT UNDER § 13
8–5A–01 OF THE HEALTH – GENERAL ARTICLE TO ENTER A STATE–LICENSED 14
SUBSTANCE ABUSE TREA TMENT PROGRAM . 15
(2) THE DEPARTMENT SHALL REI MBURSE AN ENTITY FOR THE COSTS 16
OF SERVICES TO PROVI DE SUBSTANCE ABUSE T REATMENT IN ACCORDAN CE WITH 17
PARAGRAPH (1) OF THIS SUBSECTION . 18
[(c)] (D) The Department shall cooperate with the juvenile court in carrying out 19
the objectives of this title and Title 3, Subtitles 8 and 8A of the Courts Article. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2022. 22