Maryland 2022 Regular Session

Maryland House Bill HB1325 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 EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1325
6	6
7	7	HOUSE BILL 1325
8	8	D4 2lr2402
9	9
10	10	By: Delegate Williams
11	11	Introduced and read first time: February 11, 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	Child in Need of Assistance – Neglect – Marijuana Use 2
19	19
20	20	FOR the purpose of providing that the use of marijuana by a parent or certain other 3
21	21	individuals who care for a child does not qualify as neglect except in certain 4
22	22	circumstances for purposes of provisions of law relating to children in need of 5
23	23	assistance; and generally relating to children in need of assistance. 6
24	24
25	25	BY repealing and reenacting, without amendments, 7
26	26	Article – Courts and Judicial Proceedings 8
27	27	Section 3–801(a) and (f) 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Courts and Judicial Proceedings 13
33	33	Section 3– 801(s) 14
34	34	Annotated Code of Maryland 15
35	35	(2020 Replacement Volume and 2021 Supplement) 16
36	36
37	37	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
38	38	That the Laws of Maryland read as follows: 18
39	39
40	40	Article – Courts and Judicial Proceedings 19
41	41
42	42	3–801. 20
43	43
44	44	(a) In this subtitle the following words have the meanings indicated. 21
45	45
46	46	(f) “Child in need of assistance” means a child who requires court intervention 22
47	47	because: 23
48	48	2 HOUSE BILL 1325
49	49
50	50
51	51	(1) The child has been abused, has been neglected, has a developmental 1
52	52	disability, or has a mental disorder; and 2
53	53
54	54	(2) The child’s parents, guardian, or custodian are unable or unwilling to 3
55	55	give proper care and attention to the child and the child’s needs. 4
56	56
57	57	(s) (1) “Neglect” means the leaving of a child unattended or other failure to 5
58	58	give proper care and attention to a child by any parent or individual who has permanent or 6
59	59	temporary care or custody or responsibility for supervision of the child under circumstances 7
60	60	that indicate: 8
61	61
62	62	[(1)] (I) That the child’s health or welfare is harmed or placed at 9
63	63	substantial risk of harm; or 10
64	64
65	65	[(2)] (II) That the child has suffered mental injury or been placed at 11
66	66	substantial risk of mental injury. 12
67	67
68	68	(2) “NEGLECT” DOES NOT INCLUDE THE USE OF MARIJUANA BY ANY 13
69	69	PARENT OR INDIVIDUAL WHO HAS PERMANENT OR TEMPORARY CARE OR CU STODY 14
70	70	OR RESPONSIBILITY FO R SUPERVISION OF THE CHILD UNLESS, AS A RESULT OF THE 15
71	71	USE OF MARIJUANA: 16
72	72
73	73	(I) THE CHILD’S HEALTH OR WELFARE IS HARMED OR PLACED 17
74	74	AT SUBSTANTIAL RISK OF HARM; OR 18
75	75
76	76	(II) THE CHILD HAS SUFFERE D MENTAL INJURY OR B EEN 19
77	77	PLACED AT SUBSTANTIA L RISK OF MENTAL INJ URY. 20
78	78
79	79	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
80	80	October 1, 2022. 22