EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0833*
HOUSE BILL 833
D4, E2, E3 2lr1596
CF SB 768
By: Delegate Lierman
Introduced and read first time: February 3, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2022
CHAPTER ______
AN ACT concerning 1
Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe 2
Harbor and Service Response 3
FOR the purpose of altering procedures that a law enforcement officer and a court are 4
required to follow when the law enforcement officer or a court has reason to believe 5
that a child who has been detained is a victim of sex trafficking or a victim of human 6
trafficking; providing that a minor may not be criminally prosecuted or proceeded 7
against as a delinquent child for a certain crime or civil offense under certain 8
provisions of law for a certain offense if the minor committed the crime or civil offense 9
as a direct result of sex trafficking or being a victim of human trafficking; providing 10
that certain criminal prohibitions do not apply to minors altering the list of offenses 11
for which a person may file a motion to vacate judgment if the person’s participation 12
was a result of being a victim of human trafficking; and generally relating to victims 13
of child sex trafficking and human trafficking. 14
BY repealing and reenacting, without amendments, 15
Article – Courts and Judicial Proceedings 16
Section 3–8A–01(a) and (dd) 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2021 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Courts and Judicial Proceedings 21
Section 3–8A–14 22
Annotated Code of Maryland 23 2 HOUSE BILL 833
(2020 Replacement Volume and 2021 Supplement) 1
BY adding to 2
Article – Courts and Judicial Proceedings 3
Section 3–8A–17.13 4
Annotated Code of Maryland 5
(2020 Replacement Volume and 2021 Supplement) 6
BY adding to 7
Article – Criminal Law 8
Section 1–402 9
Annotated Code of Maryland 10
(2021 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Criminal Law 13
Section 11–303 and 11–306 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2021 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Procedure 18
Section 8–302(a) 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, without amendments, 22
Article – Criminal Procedure 23
Section 8–302(b) 24
Annotated Code of Maryland 25
(2018 Replacement Volume and 2021 Supplement) 26
BY repealing and reenacting, without amendments, 27
Article – Family Law 28
Section 5–701(a) and (x) 29
Annotated Code of Maryland 30
(2019 Replacement Volume and 2021 Supplement) 31
BY repealing and reenacting, with amendments, 32
Article – Human Services 33
Section 1–202 34
Annotated Code of Maryland 35
(2019 Replacement Volume and 2021 Supplement) 36
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 37
That the Laws of Maryland read as follows: 38
HOUSE BILL 833 3
Article – Courts and Judicial Proceedings 1
3–8A–01. 2
(a) In this subtitle the following words have the meanings indicated, unless the 3
context of their use indicates otherwise. 4
(dd) “Violation” means a violation for which a citation is issued under: 5
(1) § 5–601 of the Criminal Law Article involving the use or possession of 6
less than 10 grams of marijuana; 7
(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article; 8
(3) § 10–132 of the Criminal Law Article; 9
(4) § 10–136 of the Criminal Law Article; or 10
(5) § 26–103 of the Education Article. 11
3–8A–14. 12
(a) A child may be taken into custody under this subtitle by any of the following 13
methods: 14
(1) Pursuant to an order of the court; 15
(2) By a law enforcement officer pursuant to the law of arrest; 16
(3) By a law enforcement officer or other person authorized by the court if 17
the officer or other person has reasonable grounds to believe that the child is in immediate 18
danger from the child’s surroundings and that the child’s removal is necessary for the 19
child’s protection; 20
(4) By a law enforcement officer or other person authorized by the court if 21
the officer or other person has reasonable grounds to believe that the child has run away 22
from the child’s parents, guardian, or legal custodian; or 23
(5) In accordance with § 3–8A–14.1 of this subtitle. 24
(b) If a law enforcement officer takes a child into custody, the officer shall 25
immediately notify, or cause to be notified, the child’s parents, guardian, or custodian of 26
the action. After making every reasonable effort to give notice, the law enforcement officer 27
shall with all reasonable speed: 28
(1) Release the child to the child’s parents, guardian, or custodian or to any 29
other person designated by the court, upon their written promise to bring the child before 30 4 HOUSE BILL 833
the court when requested by the court, and such security for the child’s appearance as the 1
court may reasonably require, unless the child’s placement in detention or shelter care is 2
permitted and appears required by § 3–8A–15 of this subtitle; or 3
(2) Deliver the child to the court or a place of detention or shelter care 4
designated by the court. 5
(c) If a parent, guardian, or custodian fails to bring the child before the court 6
when requested, the court may issue a writ of attachment directing that the child be taken 7
into custody and brought before the court. The court may proceed against the parent, 8
guardian, or custodian for contempt. 9
(d) (1) (I) IN THIS SECTION THE F OLLOWING WORDS HAVE THE 10
MEANINGS INDICATED . 11
(II) “QUALIFYING OFFENSE” HAS THE MEANING STAT ED IN § 12
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 13
(III) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 14
OF THE FAMILY LAW ARTICLE. 15
(IV) “VICTIM OF HUMAN TRAFF ICKING” HAS THE MEANING 16
STATED IN § 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 17
(2) In addition to the requirements for reporting child abuse and neglect 18
under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe 19
that a child who has been detained is a victim of sex trafficking OR A VICTIM OF HUMAN 20
TRAFFICKING[, as defined in § 5–701 of the Family Law Article], the law enforcement 21
officer shall [notify any], AS SOON AS PRACTICAB LE: 22
(I) NOTIFY AN appropriate regional navigator, as defined in § 23
5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into 24
custody or where the child is a resident that the child is a suspected victim of sex trafficking 25
OR A SUSPECTED VICTI M OF HUMAN TRAFFICKI NG SO THE REGIONAL NAVI GATOR 26
CAN COORDINATE A SER VICE RESPONSE ; 27
(II) REPORT TO THE LOCAL CHILD WELFARE AGENCY THAT THE 28
CHILD IS A SUSPECTED VICTIM OF SEX TRAFFI CKING OR A SUSPECTED VICTI M OF 29
HUMAN TRAFFICKING ; AND 30
(III) RELEASE THE CHILD TO THE CHILD’S PARENTS, GUARDIAN, 31
OR CUSTODIAN IF IT I S SAFE AND APPROPRIA TE TO DO SO, OR TO THE LOCAL CHILD 32
WELFARE AGENCY IF TH ERE IS REASON TO BEL IEVE THAT THE CHILD ’S SAFETY WILL 33
BE AT RISK IF THE CH ILD IS RETURNED TO T HE CHILD’S PARENTS, GUARDIAN, OR 34
CUSTODIAN. 35 HOUSE BILL 833 5
(3) A LAW ENFORCEMENT OFFI CER WHO TAKES A CHIL D WHO IS A 1
SUSPECTED VICTIM OF SEX TRAFFIC KING OR A SUSPECTED VICTI M OF HUMAN 2
TRAFFICKING INTO CUSTODY UNDER S UBSECTION (A)(3) OF THIS SECTION MAY NOT 3
DETAIN THE CHILD IN A JUVENILE DETENTION FACILITY, AS DEFINED UNDER § 4
9–237 OF THE HUMAN SERVICES ARTICLE, IF THE REASON FOR DE TAINING THE 5
CHILD IS A SUSPECTED VIOLATION OF A QUALI FYING OFFENSE OR AN OFFENSE 6
UNDER TITLE 3, SUBTITLE 11 § 3–1102 OF THE CRIMINAL LAW ARTICLE. 7
3–8A–17.13. 8
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 9
INDICATED. 10
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 8–302 OF 11
THE CRIMINAL PROCEDURE ARTICLE. 12
(2) (3) “REGIONAL NAVIGATOR ” HAS THE MEANING STAT ED IN § 13
5–704.4 OF THE FAMILY LAW ARTICLE. 14
(3) (4) “SEX TRAFFICKING” HAS THE MEANING STAT ED IN § 5–701 15
OF THE FAMILY LAW ARTICLE. 16
(5) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN 17
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 18
(B) (1) AT ANY TIME AFTER A P ETITION ALLEGING THA T A CHILD HAS 19
COMMITTED A DELINQUENT ACT QUALIFYING OFFENSE , A VIOLATION, OR AN 20
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE IS FILED WITH THE 21
COURT UNDER THIS SUB TITLE, THE COURT ON ITS OWN MOTION, OR ON MOTION OF 22
THE CHILD’S COUNSEL OR THE STATE’S ATTORNEY, SHALL STAY ALL PROCEEDINGS 23
AND ORDER THAT THE REGIONAL NAVIGATOR F OR THE RELEVANT JURI SDICTION 24
CONDUCT AN EVALUATION OF THE CH ILD’S STATUS AS A VICTIM OF SEX 25
TRAFFICKING, IF THE COURT FINDS THAT : 26
(I) THERE IS PROBABLE CAU SE TO BELIEVE THAT T HE CHILD 27
HAS COMMITTED THE DE LINQUENT ACT ; AND 28
(II) THERE IS REASON TO BE LIEVE THAT THE CHILD 29
COMMITTED THE ACT AS A DIRECT RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 30
TRAFFICKING: 31
(I) MAKE THE DETERMINATIO N REQUIRED UNDER 32
PARAGRAPH (3) OF THIS SUBSECTION ; 33 6 HOUSE BILL 833
(II) STAY ALL PROCEEDINGS UNTIL THE DETERMINAT ION IS 1
MADE; AND 2
(III) REFER THE CHILD TO A REGIONAL NAVIGATOR A ND NOTIFY 3
THE DEPARTMENT OF HUMAN SERVICES. 4
(2) IF THE REGIONAL NAVIG ATOR FINDS THAT THE CHILD IS A VICTIM 5
OF SEX TRAFFICKING , AND IF THE COURT FIN DS THAT THE CHILD CO MMITTED THE 6
VIOLATION AS A DIREC T RESULT OF , OR INCIDENTAL OR REL ATED TO, SEX 7
TRAFFICKING, THE COURT SHALL DISM ISS THE CASE AND TRA NSFER THE CASE TO 8
THE DEPARTMENT OF HUMAN SERVICES THE COURT: 9
(I) SHALL SCHEDULE A HEAR ING WITHIN 15 DAYS AFTER A 10
MOTION IS FILED UNDE R PARAGRAPH (1) OF THIS SUBSECTION ; AND 11
(II) MAY, ON GOOD CAUSE SHOWN , EXTEND THE TIME FOR THE 12
HEARING AN ADDITIONA L 15 DAYS. 13
(3) THE COURT SHALL DETERMINE, BY EVIDENCE PRESENTE D ON 14
THE RECORD AND BY A PREPONDERANCE OF THE EVIDENCE, WHETHER THE CHILD : 15
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 16
TRAFFICKING; AND 17
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 18
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 19
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 20
(4) THE COURT SHALL DISMI SS THE CASE IF THE C OURT FINDS THAT 21
THE CHILD: 22
(I) IS A VICTIM OF SEX TR AFFICKING OR A VICTI M OF HUMAN 23
TRAFFICKING; AND 24
(II) COMMITTED THE QUALIFY ING OFFENSE , VIOLATION, OR 25
OFFENSE UNDER § 3–1102 OF THE CRIMINAL LAW ARTICLE AS A DIRECT R ESULT OF 26
BEING A VICTIM OF SE X TRAFFICKING OR BEI NG A VICTIM OF HUMAN TRAFFICKING. 27
Article – Criminal Law 28
1–402. 29
HOUSE BILL 833 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(2) “QUALIFYING OFFENSE ” HAS THE MEANING STAT ED IN § 3
8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 4
(3) “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 5–701 OF THE 5
FAMILY LAW ARTICLE. 6
(4) “VICTIM OF HUMAN TRAFFICKING” HAS THE MEANING STAT ED IN 7
§ 8–302 OF THE CRIMINAL PROCEDURE ARTICLE. 8
(5) “VIOLATION” HAS THE MEANING STAT ED IN § 3–8A–01 OF THE 9
COURTS ARTICLE. 10
(B) A MINOR MAY NOT BE CRI MINALLY PROSECUTED O R PROCEEDED 11
AGAINST AS A DELINQUENT CHIL D UNDER TITLE 3, SUBTITLE 8A OF THE COURTS 12
ARTICLE FOR A QUALIFY ING OFFENSE, A VIOLATION, OR AN OFFENSE UNDER TITLE 13
3, SUBTITLE 11 OF THIS ARTICLE § 3–1102 OF THIS ARTICLE IF THE MINOR 14
COMMITTED THE UNDERL YING ACT AS A DIRECT RESULT OF SEX TRAFFI CKING. 15
Article – Criminal Procedure 16
8–302. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) “Qualifying offense” means: 19
(i) unnatural or perverted sexual practice under § 3–322 of the 20
Criminal Law Article; 21
(ii) possessing or administering a controlled dangerous substance 22
under § 5–601 of the Criminal Law Article; 23
(iii) possessing or purchasing a noncontrolled substance under § 24
5–618 of the Criminal Law Article; 25
(iv) possessing or distributing controlled paraphernalia under § 26
5–620(a)(2) of the Criminal Law Article; 27
(v) fourth–degree burglary under § 6–205 of the Criminal Law 28
Article; 29
(vi) malicious destruction of property in the lesser degree under § 30
6–301(c) of the Criminal Law Article; 31 8 HOUSE BILL 833
(vii) a trespass offense under Title 6, Subtitle 4 of the Criminal Law 1
Article; 2
(viii) misdemeanor theft under § 7–104 of the Criminal Law Article; 3
(ix) misdemeanor obtaining property or services by bad check under 4
§ 8–103 of the Criminal Law Article; 5
(x) possession or use of a fraudulent government identification 6
document under § 8–303 of the Criminal Law Article; 7
(xi) public assistance fraud under § 8–503 of the Criminal Law 8
Article; 9
(xii) false statement to a law enforcement officer or public official 10
under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; 11
(xiii) disturbing the public peace and disorderly conduct under § 12
10–201 of the Criminal Law Article; 13
(xiv) indecent exposure under § 11–107 of the Criminal Law Article; 14
(xv) prostitution under § 11–303 of the Criminal Law Article; 15
(xvi) driving with a suspended registration under § 13–401(h) of the 16
Transportation Article; 17
(xvii) failure to display registration under § 13–409(b) of the 18
Transportation Article; 19
(xviii) driving without a license under § 16–101 of the Transportation 20
Article; 21
(xix) failure to display license to police under § 16–112(c) of the 22
Transportation Article; 23
(xx) possession of a suspended license under § 16–301(j) of the 24
Transportation Article; 25
(xxi) driving while privilege is canceled, suspended, refused, or 26
revoked under § 16–303 of the Transportation Article; 27
(xxii) owner failure to maintain security on a vehicle under § 17–104(b) 28
of the Transportation Article; 29
HOUSE BILL 833 9
(xxiii) driving while uninsured under § 17–107 of the Transportation 1
Article; [or] 2
(xxiv) prostitution or loitering as prohibited under local law; 3
(XXV) UNAUTHORIZED USE UND ER § 14–102 OF THE 4
TRANSPORTATION ARTICLE; OR 5
(XXVI) SOLICITING OR OFFERI NG TO SOLICIT PROSTI TUTION 6
OR ASSIGNATION UNDER § 11–306 OF THE CRIMINAL LAW ARTICLE. 7
(3) “Victim of human trafficking” means a person who has been subjected 8
to an act of another committed in violation of: 9
(i) Title 3, Subtitle 11 of the Criminal Law Article; or 10
(ii) § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States 11
Code. 12
(b) A person convicted of a qualifying offense may file a motion to vacate the 13
judgment if the person’s participation in the offense was a direct result of being a victim of 14
human trafficking. 15
11–303. 16
(a) [A person] AN ADULT may not knowingly: 17
(1) engage in prostitution or assignation by any means; or 18
(2) occupy a building, structure, or conveyance for prostitution or 19
assignation. 20
(b) A person who violates this section is guilty of a misdemeanor and on conviction 21
is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 22
(c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 23
section, it is an affirmative defense of duress if the defendant committed the act as a result 24
of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 25
prohibition against human trafficking under federal law. 26
(2) A defendant may not assert the affirmative defense provided in 27
paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 28
defendant’s intention to assert the defense at least 10 days prior to trial. 29
(D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 30
SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN ADUL T IS 31 10 HOUSE BILL 833
PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 1
CUSTODY IN ACCORDANCE WITH § 3–8A–14 OF THE COURTS ARTICLE. 2
11–306. 3
(a) [A person] AN ADULT may not knowingly procure or solicit or offer to procure 4
or solicit prostitution or assignation. 5
(b) A person who violates this section is guilty of a misdemeanor and on conviction 6
is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both. 7
(c) (1) Subject to paragraph (2) of this subsection, in a prosecution under this 8
section, it is an affirmative defense of duress if the defendant committed the act as a result 9
of being a victim of an act of another in violation of Title 3, Subtitle 11 of this article or the 10
prohibition against human trafficking under federal law. 11
(2) A defendant may not assert the affirmative defense provided in 12
paragraph (1) of this subsection unless the defendant notifies the State’s Attorney of the 13
defendant’s intention to assert the defense at least 10 days prior to trial. 14
(D) A LAW ENFORCEMENT OFFI CER WHO ENCOUNTERS A MINOR 15
SUSPECTED OF OR KNOW N TO HAVE ENGAGED IN CONDUCT THAT AN A DULT IS 16
PROHIBITED FROM ENGA GING IN UNDER THIS S ECTION MAY TAKE THE MINOR INTO 17
CUSTODY IN ACCORDANC E WITH § 3–8A–14 OF THE COURTS ARTICLE. 18
Article – Family Law 19
5–701. 20
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 21
following words have the meanings indicated. 22
(x) “Sex trafficking” means the recruitment, harboring, transportation, provision, 23
obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act. 24
Article – Human Services 25
1–202. 26
(A) IN THIS SECTION, “SEX TRAFFICKING ” HAS THE MEANING STAT ED IN § 27
5–701 OF THE FAMILY LAW ARTICLE. 28
[(a)] (B) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family 29
Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or 30
record concerning child abuse [or], neglect, OR SEX TRAFFICKING . 31
HOUSE BILL 833 11
[(b)] (C) A report or record concerning child abuse [or], neglect, OR SEX 1
TRAFFICKING shall be disclosed: 2
(1) under a court order; 3
(2) under an order of an administrative law judge, if: 4
(i) the request for disclosure concerns a case pending before the 5
Office of Administrative Hearings; and 6
(ii) provisions are made to comply with other State or federal 7
confidentiality laws and to protect the identity of the reporter or other person whose life or 8
safety is likely to be endangered by the disclosure; or 9
(3) to the Division of Parole and Probation in the Department of Public 10
Safety and Correctional Services if, as a result of a report or investigation of suspected child 11
abuse [or], neglect, OR SEX TRAFFICKING , the local department of social services has 12
reason to believe that an individual who lives in or has a regular presence in a child’s home 13
is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the 14
commission of an offense against a child. 15
[(c)] (D) A report or record concerning child abuse or neglect: 16
(1) may be disclosed on request to: 17
(i) personnel of the Social Services Administration or a local 18
department of social services, law enforcement personnel, and members of 19
multidisciplinary case consultation teams, including an addiction specialist as defined in 20
Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 21
a report of known or suspected child abuse or neglect or providing services to or assessing 22
a child or family that is the subject of the report; 23
(ii) local or State officials responsible for the administration of child 24
protective services, juvenile services, or child care, foster care, or adoption licensing, 25
approval, or regulations, as necessary to carry out their official functions; 26
(iii) the State Council on Child Abuse and Neglect or its designee, the 27
State Citizens Review Board for Children or its designee, or a child fatality review team, 28
as necessary to carry out their official functions; 29
(iv) a person who is the alleged abuser or neglector, if that person is 30
responsible for the child’s welfare and provisions are made for the protection of the identity 31
of the reporter or any other person whose life or safety is likely to be endangered by 32
disclosing the information; 33
12 HOUSE BILL 833
(v) a licensed practitioner who, or an agency, institution, or program 1
that, is providing treatment or care to a child who is the subject of a report of child abuse 2
or neglect for a purpose relevant to the treatment or care; 3
(vi) a parent or other person who has permanent or temporary care 4
and custody of the child, if provisions are made for the protection of the identity of the 5
reporter or any other person whose life or safety is likely to be endangered by disclosing the 6
information; 7
(vii) 1. The appropriate public school superintendent or the 8
principal or equivalent employee of a nonpublic school that holds a certificate of approval 9
from the State or is registered with the State Department of Education to carry out 10
appropriate personnel or administrative actions following a report of suspected child abuse 11
involving a student committed by: 12
A. a public school employee in that school system; 13
B. an employee of that nonpublic school; 14
C. an independent contractor who supervises or works 15
directly with students in that school system or that nonpublic school; or 16
D. an employee of an independent contractor, including a bus 17
driver or bus assistant, who supervises or works directly with students in that school 18
system or that nonpublic school; and 19
2. if the report concerns suspected child abuse involving a 20
student committed by an employee, independent contractor, or employee of an independent 21
contractor described in item 1 of this item and employed by a nonpublic school under the 22
jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 23
Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 24
superintendent of schools; 25
(viii) the director of a licensed child care facility or licensed child 26
placement agency to carry out appropriate personnel actions following a report of suspected 27
child abuse or neglect alleged to have been committed by an employee of the facility or 28
agency and involving a child who is currently or was previously under the care of that 29
facility or agency; 30
(ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney 31
General established under Title 6, Subtitle 4 of the State Government Article; 32
(x) subject to subsection [(d)] (E) of this section, a licensed 33
practitioner of a hospital or birthing center to make discharge decisions concerning a child, 34
when the practitioner suspects that the child may be in danger after discharge based on 35
the practitioner’s observation of the behavior of the child’s parents or immediate family 36
members; or 37 HOUSE BILL 833 13
(xi) the president of a Maryland public institution of higher 1
education, as defined in § 10–101 of the Education Article, or the Chancellor of the 2
University System of Maryland, to carry out appropriate personnel or administrative 3
actions following a report of child abuse committed: 4
1. by an employee of the institution who has on–campus 5
contact with children; or 6
2. by a contractor, an employee of a contractor, or a volunteer 7
of the institution who has on–campus contact with children; and 8
(2) may be disclosed by the Department of Human Services to the operator 9
of a child care center that is required to be licensed or to hold a letter of compliance under 10
Title 5, Subtitle 5, Part VII of the Family Law Article or to a family child care provider who 11
is required to be registered under Title 5, Subtitle 5, Part V of the Family Law Article, to 12
determine the suitability of an individual for employment in the child care center or family 13
child care home. 14
[(d)] (E) Only the following information concerning child abuse and neglect may 15
be disclosed to a practitioner of a hospital or birthing center under subsection [(c)(1)(x)] 16
(D)(1)(X) of this section: 17
(1) whether there is a prior finding of indicated child abuse or neglect by 18
either parent; and 19
(2) whether there is an open investigation of child abuse or neglect pending 20
against either parent. 21
[(e)] (F) A person who violates this section is guilty of a misdemeanor and on 22
conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 23
both. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2022. 26