Maryland 2024 Regular Session

Maryland House Bill HB1499 Compare Versions

Version 1 (Old)

Version 2 (New)

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		-	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		hb1499
9	6
10	7		HOUSE BILL 1499
11	8		D4 4lr3420
12	9		CF SB 708
13	10		By: Delegate Clippinger
14	11		Introduced and read first time: February 16, 2024
15	12		Assigned to: Rules and Executive Nominations
16		-	Re–referred to: Judiciary, February 26, 2024
17		-	Committee Report: Favorable with amendments
18		-	House action: Adopted
19		-	Read second time: March 20, 2024
20	13
21		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
22	15
23	16		AN ACT concerning 1
24	17
25	18		Family Law – Kinship Care 2
26	19
27		-	FOR the purpose of altering the definition of relative to mean an individual who is a kinship 3
28		-	caregiver for purposes of provisions of law relating to children in need of assistance; 4
29		-	altering provisions of law relating to the kinship care program in the Department of 5
30		-	Human Services and certain procedures for the placement of children in need of 6
31		-	out–of–home placement; and generally relating to kinship care. 7
	20	+	FOR the purpose of altering provisions of law relating to the kinship care program in the 3
	21	+	Department of Human Services and certain procedures for the placement of children 4
	22	+	in need of out–of–home placement; and generally relating to kinship care. 5
32	23
33		-	BY repealing and reenacting, without amendments, 8
34		-	Article – ~~Courts and Judicial Proceedings 9~~
35		-	Section 3–~~801~~(a) 10
36		-	Annotated Code of Maryland 11
37		-	(~~2020~~ Replacement Volume and 2023 Supplement) 12
	24	+	BY repealing and reenacting, without amendments, 6
	25	+	Article – Family Law 7
	26	+	Section 1–101(h) 8
	27	+	Annotated Code of Maryland 9
	28	+	(2019 Replacement Volume and 2023 Supplement) 10
38	29
39		-	BY repealing and reenacting, with amendments, 13
40		-	Article – ~~Courts and Judicial Proceedings 14~~
41		-	Section 3–~~801(x) 15~~
42		-	Annotated Code of Maryland 16
43		-	(~~2020~~ Replacement Volume and 2023 Supplement) 17
	30	+	BY repealing and reenacting, with amendments, 11
	31	+	Article – Family Law 12
	32	+	Section 5–534 13
	33	+	Annotated Code of Maryland 14
	34	+	(2019 Replacement Volume and 2023 Supplement) 15
44	35
45		-	BY repealing and reenacting, without amendments, 18
46		-	Article – Family Law 19
47		-	Section 1–101(h) 20
48		-	Annotated Code of Maryland 21 2 HOUSE BILL 1499
	36	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
	37	+	That the Laws of Maryland read as follows: 17
	38	+
	39	+	Article – Family Law 18
	40	+
	41	+	1–101. 19
	42	+
	43	+	(h) “Local department” means: 20
	44	+
	45	+	(1) a local department of social services; or 21
	46	+
	47	+	(2) in Montgomery County, the county department of health and human 22
	48	+	services. 23 2 HOUSE BILL 1499
49	49
50	50
51		-	(2019 Replacement Volume and 2023 Supplement) 1
52	51
53		-	BY repealing and reenacting, with amendments, 2
54		-	Article – Family Law 3
55		-	Section 5–534 4
56		-	Annotated Code of Maryland 5
57		-	(2019 Replacement Volume and 2023 Supplement) 6
	52	+	5–534. 1
58	53
59		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60		-	That the Laws of Maryland read as follows: 8
	54	+	(a) (1) In this section [the following words have the meanings indicated. 2
61	55
62		-	~~Article – Courts and Judicial Proceedings 9~~
	56	+	(2) “Kinship], “KINSHIP caregiver” means an individual: 3
63	57
64		-	3–801. 10
	58	+	(i) with whom a child who is in the care, custody, or guardianship of 4
	59	+	the local department may be placed for temporary or long–term care other than adoption; 5
	60	+	and 6
65	61
66		-	(a) In this subtitle, the following words have the meanings indicated. 11
	62	+	(ii) who is approved by the local department under subsection (e) of 7
	63	+	this section. 8
67	64
68		-	(x) “Relative” means an individual who is A KINSHIP CAREGIVER , AS DEFINED 12
69		-	IN § 5–534 OF THE FAMILY LAW ARTICLE[: 13
	65	+	(2) “KINSHIP CAREGIVER ” INCLUDES: 9
70	66
71		-	(1) Related to the child by blood or marriage within five degrees of 14
72		-	consanguinity or affinity under the civil law; and 15
	67	+	(I) A KINSHIP PARENT ; 10
73	68
74		-	(2) (i) At least 21 years old; or 16
	69	+	(II) AN INDIVIDUAL WHO IS RELATED TO THE CHILD THROUGH 11
	70	+	BLOOD OR MARRIAGE , ADOPTION, TRIBAL LAW OR CUSTOM , OR CULTURAL CUST OM 12
	71	+	OR PRACTICE; AND 13
75	72
76		-	(ii) 1. At least 18 years old; and 17
	73	+	(III) AN INDIVIDUAL WHO IS UNRELATED TO THE CHI LD BUT HAS 14
	74	+	A STRONG FAMILIAL OR OTHER SIGNIFICANT BO ND WITH THE CHILD , OR IS A 15
	75	+	PERSON IDENTIFIED BY THE CHILD’S PARENT. 16
77	76
78		-	2. Lives with a spouse who is at least 21 years old]. 18
	77	+	[(3) “Kinship parent” means an individual who is related by blood or 17
	78	+	marriage within five degrees of consanguinity or affinity under the civil law rule to a child 18
	79	+	who is in the care, custody, or guardianship of the local department and with whom the 19
	80	+	child may be placed for temporary or long–term care other than adoption.] 20
79	81
80		-	Article – Family Law 19
	82	+	(b) The [Administration] SECRETARY OF HUMAN SERVICES shall establish 21
	83	+	AND MAINTAIN a kinship care program. 22
81	84
82		-	1–101. 20
	85	+	(c) (1) In selecting a placement that is in the best interests of a child in need 23
	86	+	of out–of–home placement, [the local department shall, as a first priority, attempt to place 24
	87	+	the child with a kinship parent] IN THE ABSENCE OF GO OD CAUSE TO THE CONT RARY, 25
	88	+	THE LOCAL DEPARTMENT SHALL GIVE PREFERENC E TO PLACEMENT WITH A 26
	89	+	KINSHIP CAREGIVER . 27
83	90
84		-	(h) “Local department” means: 21
85		-
86		-	(1) a local department of social services; or 22
87		-
88		-	(2) in Montgomery County, the county department of health and human 23
89		-	services. 24
90		-
91		-	5–534. 25
92		-
93		-	(a) (1) In this section [the following words have the meanings indicated. 26
94		-
95		-	(2) “Kinship], “KINSHIP caregiver” means an individual: 27
	91	+	(2) The local department shall exhaust all reasonable resources to MAKE 28
	92	+	PROACTIVE, THOROUGH , AND TIMELY EFFORTS T O locate a kinship [parent] 29
	93	+	CAREGIVER for initial placement of the child. 30
96	94		HOUSE BILL 1499 3
97	95
98	96
99		-	(i) with whom a child who is in the care, custody, or guardianship of 1
100		-	the local department may be placed for temporary or long–term care other than adoption; 2
101		-	and 3
	97	+	(3) If [no kinship parent is located] THE LOCAL DEPARTMENT CANNOT 1
	98	+	LOCATE A KINSHIP CAR EGIVER at the time of the initial placement, THEN PREFERENCE 2
	99	+	SHALL BE GIVEN TO A PLACEMENT THAT MOST APPROXIMATES A FAMIL Y IN WHICH 3
	100	+	THE CHILD’S SPECIAL NEEDS , IF ANY, MAY BE MET, TAKING INTO ACCOUNT THE 4
	101	+	FOLLOWING : 5
102	102
103		-	(ii) who is approved by the local department under subsection (e) of 4
104		-	this section. 5
	103	+	(i) [except as provided in item (ii) of this paragraph, the child shall 6
	104	+	be placed in a foster care setting; or] THE PROXIMITY OF THE PLACEMENT TO THE 7
	105	+	CHILD’S HOME, EXTENDED FAMILY , OR SIBLINGS; 8
105	106
106		-	(2) “KINSHIP CAREGIVER ” INCLUDES: 6
	107	+	(ii) [as an alternative to foster care, the local department may place 9
	108	+	the child for initial placement with a kinship caregiver] THE CHILD’S CULTURE OR 10
	109	+	LANGUAGE CONTINUITY ; 11
107	110
108		-	(I) ~~A KINSHIP PARENT~~ ; 7
	111	+	(III) THE CHILD’S AGE; AND 12
109	112
110		-	(II) AN INDIVIDUAL WHO IS RELATED TO THE CHILD THROUGH 8
111		-	BLOOD OR MARRIAGE , ADOPTION, TRIBAL LAW OR CUSTOM , OR CULTURAL CUSTOM 9
112		-	OR PRACTICE; AND 10
	113	+	(IV) THE CHILD’S DEVELOPMENTAL AND EDUCATIONAL NEEDS . 13
113	114
114		-	(~~III~~) ~~AN INDIVIDUAL WHO~~ IS ~~UNRELATED~~ TO THE ~~CHI LD BUT HAS 11~~
115		-	A ~~STRONG FAM ILIAL OR OTHER SIGNI FICANT BOND WITH~~ THE ~~CHILD~~, OR IS ~~A 12~~
116		-	~~PERSON IDENTIFIED BY~~ THE CHILD’S PARENT. 13
	115	+	(4) If [a kinship parent or] a kinship caregiver is located subsequent to the 14
	116	+	placement of a child in a foster care setting, the local department [may] SHALL, [if it is] in 15
	117	+	the best interest of the child, place the child with the [kinship parent or] kinship caregiver. 16
117	118
118		-	[(3) “Kinship parent” means an individual who is related by blood or 14
119		-	marriage within five degrees of consanguinity or affinity under the civil law rule to a child 15
120		-	who is in the care, custody, or guardianship of the local department and with whom the 16
121		-	child may be placed for temporary or long–term care other than adoption.] 17
	119	+	(d) [(1)] A kinship [parent] CAREGIVER may not be under the age of 18 years. 17
122	120
123		-	(b) The [Administration] SECRETARY OF HUMAN SERVICES shall establish 18
124		-	AND MAINTAIN a kinship care program. 19
	121	+	[(2) A kinship caregiver may not be under the age of 21 years.] 18
125	122
126		-	(c) (1) In selecting a placement that is in the best interests of a child in need 20
127		-	of out–of–home placement, [the local department shall, as a first priority, attempt to place 21
128		-	the child with a kinship parent] IN THE ABSENCE OF GO OD CAUSE TO THE CONTRARY , 22
129		-	THE LOCAL DEPARTMENT SHALL GIVE PREFERENC E TO PLACEMENT WITH A 23
130		-	KINSHIP CAREGIVER . 24
	123	+	(e) (1) The local department [may] SHALL approve an individual as a kinship 19
	124	+	caregiver [only] if: 20
131	125
132		-	(2) The local department shall exhaust all reasonable resources to MAKE 25
133		-	PROACTIVE, THOROUGH , AND TIMELY EFFORTS T O locate a kinship [parent] 26
134		-	CAREGIVER for initial placement of the child. 27
	126	+	(i) the individual is related to the child [by] THROUGH blood or 21
	127	+	marriage [beyond five degrees of consanguinity or affinity under the civil law or rule or is 22
	128	+	a close family friend of the child or the child’s family], ADOPTION, TRIBAL LAW OR 23
	129	+	CUSTOM, OR CULTURAL CUSTOM O R PRACTICE; 24
135	130
136		-	(3) If [no kinship parent is located] THE LOCAL DEPARTMENT CANNOT 28
137		-	LOCATE A KINSHIP CAR EGIVER at the time of the initial placement, THEN PREFERENCE 29
138		-	SHALL BE GIVEN TO A PLACEMENT THAT MOST APPROXIMATES A FAMIL Y IN WHICH 30
139		-	THE CHILD’S SPECIAL NEEDS , IF ANY, MAY BE MET, TAKING INTO ACCOUNT THE 31
140		-	FOLLOWING : 32
141		-	4 HOUSE BILL 1499
	131	+	(ii) the individual has a strong familial or other significant bond to 25
	132	+	the child or the child’s family OR IS A PERSON IDENT IFIED BY THE CHILD ’S PARENT; 26
	133	+	AND 27
142	134
	135	+	[(iii) the individual has maintained regular contact with the child or 28
	136	+	the child’s family sufficient to demonstrate strong familiarity with the child’s activities and 29
	137	+	daily needs; and 30
143	138
144		-	(i) [except as provided in item (ii) of this paragraph, the child shall 1
145		-	be placed in a foster care setting; or] THE PROXIMITY OF THE PLACEMENT TO THE 2
146		-	CHILD’S HOME, EXTENDED FAMILY , OR SIBLINGS; 3
147		-
148		-	(ii) [as an alternative to foster care, the local department may place 4
149		-	the child for initial placement with a kinship caregiver] THE CHILD’S CULTURE OR 5
150		-	LANGUAGE CONTINUI TY; 6
151		-
152		-	(III) THE CHILD’S AGE; AND 7
153		-
154		-	(IV) THE CHILD’S DEVELOPMENTAL AND EDUCATIONAL NEEDS . 8
155		-
156		-	(4) If [a kinship parent or] a kinship caregiver is located subsequent to the 9
157		-	placement of a child in a foster care setting, the local department [may] SHALL, [if it is] in 10
158		-	the best interest of the child, place the child with the [kinship parent or] kinship caregiver. 11
159		-
160		-	(d) [(1)] A kinship [parent] CAREGIVER may not be under the age of 18 years. 12
161		-
162		-	[(2) A kinship caregiver may not be under the age of 21 years.] 13
163		-
164		-	(e) (1) The local department [may] SHALL approve an individual as a kinship 14
165		-	caregiver [only] if: 15
166		-
167		-	(i) the individual is related to the child [by] THROUGH blood or 16
168		-	marriage [beyond five degrees of consanguinity or affinity under the civil law or rule or is 17
169		-	a close family friend of the child or the child’s family], ADOPTION, TRIBAL LAW OR 18
170		-	CUSTOM, OR CULTURAL CUSTOM O R PRACTICE; 19
171		-
172		-	(ii) the individual has a strong familial or other significant bond to 20
173		-	the child or the child’s family OR IS A PERSON IDENT IFIED BY THE CHILD ’S PARENT; 21
174		-	AND 22
175		-
176		-	[(iii) the individual has maintained regular contact with the child or 23
177		-	the child’s family sufficient to demonstrate strong familiarity with the child’s activities and 24
178		-	daily needs; and 25
179		-
180		-	(iv)] (III) placement with the individual is in the child’s best 26
181		-	interest. 27
182		-
183		-	(2) A prospective kinship caregiver shall [submit] PROVIDE to the local 28
184		-	department [an affidavit that includes specific facts] ANY INFORMATION THE LOCAL 29
185		-	DEPARTMENT REQUESTS to enable the local department to determine whether the 30
186		-	individual meets the criteria specified in paragraph (1) of this subsection. 31
187		-	HOUSE BILL 1499 5
188		-
189		-
190		-	(f) The Administration shall adopt regulations [to implement this section that 1
191		-	are consistent with the provisions of this section] AND POLICIES CONSIST ENT WITH THIS 2
192		-	SECTION. 3
193		-
194		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
195		-	October 1, 2024. 5
	139	+	(iv)] (III) placement with the individual is in the child’s best 31
	140	+	interest. 32 4 HOUSE BILL 1499
196	141
197	142
198	143
199		-	Approved:
200		-	________________________________________________________________________________
201		-	Governor.
202		-	________________________________________________________________________________
203		-	Speaker of the House of Delegates.
204		-	________________________________________________________________________________
205		-	President of the Senate.
	144	+	(2) A prospective kinship caregiver shall [submit] PROVIDE to the local 1
	145	+	department [an affidavit that includes specific facts] ANY INFORMATION THE LOCAL 2
	146	+	DEPARTMENT REQUESTS to enable the local department to determine whether the 3
	147	+	individual meets the criteria specified in paragraph (1) of this subsection. 4
	148	+
	149	+	(f) The Administration shall adopt regulations [to implement this section that 5
	150	+	are consistent with the provisions of this section] AND POLICIES CONSIST ENT WITH THIS 6
	151	+	SECTION. 7
	152	+
	153	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
	154	+	October 1, 2024. 9
	155	+