| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0772* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 772 | |
| 11 | 8 | D4 2lr2552 | |
| 12 | - | | |
| 9 | + | ||
| 13 | 10 | By: Senator Carter | |
| 14 | 11 | Introduced and read first time: February 7, 2022 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 5, 2022 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Child in Need of Assistance – Neglect – Marijuana Use 2 | |
| 25 | 19 | ||
| 26 | 20 | FOR the purpose of providing that the use of marijuana by a parent or certain other 3 | |
| 27 | 21 | individuals who care for a child does not qualify as neglect except in certain 4 | |
| 28 | 22 | circumstances for purposes of provisions of law relating to children in need of 5 | |
| 29 | 23 | assistance; and generally relating to children in need of assistance. 6 | |
| 30 | 24 | ||
| 31 | 25 | BY repealing and reenacting, without amendments, 7 | |
| 32 | 26 | Article – Courts and Judicial Proceedings 8 | |
| 33 | 27 | Section 3–801(a) and (f) 9 | |
| 34 | 28 | Annotated Code of Maryland 10 | |
| 35 | 29 | (2020 Replacement Volume and 2021 Supplement) 11 | |
| 36 | 30 | ||
| 37 | 31 | BY repealing and reenacting, with amendments, 12 | |
| 38 | 32 | Article – Courts and Judicial Proceedings 13 | |
| 39 | 33 | Section 3– 801(s) 14 | |
| 40 | 34 | Annotated Code of Maryland 15 | |
| 41 | 35 | (2020 Replacement Volume and 2021 Supplement) 16 | |
| 42 | 36 | ||
| 43 | 37 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 44 | 38 | That the Laws of Maryland read as follows: 18 | |
| 45 | 39 | ||
| 46 | 40 | Article – Courts and Judicial Proceedings 19 | |
| 47 | 41 | ||
| 48 | - | 3–801. 20 2 SENATE BILL 772 | |
| 42 | + | 3–801. 20 | |
| 43 | + | ||
| 44 | + | (a) In this subtitle the following words have the meanings indicated. 21 | |
| 45 | + | ||
| 46 | + | (f) “Child in need of assistance” means a child who requires court intervention 22 | |
| 47 | + | because: 23 | |
| 48 | + | 2 SENATE BILL 772 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | + | (1) The child has been abused, has been neglected, has a developmental 1 | |
| 52 | + | disability, or has a mental disorder; and 2 | |
| 51 | 53 | ||
| 52 | - | (a) In this subtitle the following words have the meanings indicated. 1 | |
| 54 | + | (2) The child’s parents, guardian, or custodian are unable or unwilling to 3 | |
| 55 | + | give proper care and attention to the child and the child’s needs. 4 | |
| 53 | 56 | ||
| 54 | - | (f) “Child in need of assistance” means a child who requires court intervention 2 | |
| 55 | - | because: 3 | |
| 57 | + | (s) (1) “Neglect” means the leaving of a child unattended or other failure to 5 | |
| 58 | + | give proper care and attention to a child by any parent or individual who has permanent or 6 | |
| 59 | + | temporary care or custody or responsibility for supervision of the child under circumstances 7 | |
| 60 | + | that indicate: 8 | |
| 56 | 61 | ||
| 57 | - | (1) The child | |
| 58 | - | ||
| 62 | + | [(1)] (I) That the child’s health or welfare is harmed or placed at 9 | |
| 63 | + | substantial risk of harm; or 10 | |
| 59 | 64 | ||
| 60 | - | (2) The child | |
| 61 | - | ||
| 65 | + | [(2)] (II) That the child has suffered mental injury or been placed at 11 | |
| 66 | + | substantial risk of mental injury. 12 | |
| 62 | 67 | ||
| 63 | - | ( | |
| 64 | - | ||
| 65 | - | ||
| 66 | - | ||
| 68 | + | (2) “NEGLECT” DOES NOT INCLUDE THE USE OF MARIJUANA BY ANY 13 | |
| 69 | + | PARENT OR INDIVIDUAL WHO HAS PERMANENT OR TEMPORARY CARE OR CU STODY 14 | |
| 70 | + | OR RESPONSIBILITY FO R SUPERVISION OF THE CHILD UNLESS, AS A RESULT OF THE 15 | |
| 71 | + | USE OF MARIJUANA : 16 | |
| 67 | 72 | ||
| 68 | - | ||
| 69 | - | substantial risk of harm; or | |
| 73 | + | (I) THE CHILD’S HEALTH OR WELFARE IS HARMED OR PLACED 17 | |
| 74 | + | AT SUBSTANTIAL RISK OF HARM; OR 18 | |
| 70 | 75 | ||
| 71 | - | ||
| 72 | - | ||
| 76 | + | (II) THE CHILD HAS SUFFERE D MENTAL INJURY OR B EEN 19 | |
| 77 | + | PLACED AT SUBSTANTIA L RISK OF MENTAL INJ URY. 20 | |
| 73 | 78 | ||
| 74 | - | (2) “NEGLECT” DOES NOT INCLUDE THE MERE USE OF MARIJUANA BY 16 | |
| 75 | - | ANY PARENT OR INDIVI DUAL WHO HAS PERMANENT OR TEM PORARY CARE OR 17 | |
| 76 | - | CUSTODY OR RESPONSIB ILITY FOR SUPERVISIO N OF THE CHILD UNLES S, AS A 18 | |
| 77 | - | RESULT OF THE USE OF MARIJUANA: 19 | |
| 78 | - | ||
| 79 | - | (I) THE CHILD’S HEALTH OR WELFARE IS HARMED OR PLACED 20 | |
| 80 | - | AT SUBSTANTIAL RISK OF HARM; OR 21 | |
| 81 | - | ||
| 82 | - | (II) THE CHILD HAS SUFFERE D MENTAL INJURY OR BEE N 22 | |
| 83 | - | PLACED AT SUBSTANTIA L RISK OF MENTAL INJ URY. 23 | |
| 84 | - | ||
| 85 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 | |
| 86 | - | October 1, 2022. 25 | |
| 87 | - | ||
| 79 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21 | |
| 80 | + | October 1, 2022. 22 | |
| 88 | 81 |