MD
Maryland House Bill HB508

Maryland 2024 Regular Session

Maryland House Bill HB508 Compare Versions

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1- WES MOORE, Governor Ch. 349
21
3-– 1 –
4-Chapter 349
5-(House Bill 508)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
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+ *hb0508*
89
9-Children – Labor Trafficking
10+HOUSE BILL 508
11+D4 4lr2180
12+ CF SB 550
13+By: Delegate Embry Delegates Embry, Crutchfield, Cardin, Pasteur, Toles,
14+Phillips, Arikan, Taylor, Simpson, Grammer, Conaway, Kaufman, and
15+Williams
16+Introduced and read first time: January 24, 2024
17+Assigned to: Judiciary
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: March 7, 2024
1021
11-FOR the purpose of adding labor trafficking by a child’s parent or guardian to the list of
12-conditions under which a local department of social services is authorized to ask the
13-juvenile court in a child in need of assistance proceeding to find that reasonable
14-efforts to reunify a child with the child’s parent or guardian are not required altering
15-the definition of “abuse” to include labor trafficking of a child by any individual for
16-purposes of provisions of law governing children in need of assistance cases and child
17-abuse and neglect reporting; expanding provisions of law relating to the Safe Harbor
18-Regional Navigator Grant Program to apply to child victims of labor trafficking; and
19-generally relating to labor trafficking of children.
22+CHAPTER ______
2023
21-BY repealing and reenacting, with amendments,
22- Article – Courts and Judicial Proceedings
23-Section 3–801 and 3–812
24- Annotated Code of Maryland
25- (2020 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2625
27-BY repealing and reenacting, without amendments,
28- Article – Family Law
29-Section 5–701(a) and 5–704.4(c)
30- Annotated Code of Maryland
31- (2019 Replacement Volume and 2023 Supplement)
26+Children – Labor Trafficking 2
3227
33-BY repealing and reenacting, with amendments,
34- Article – Family Law
35-Section 5–701(m) 5–701(b) and (m), 5–704.3, and 5–704.4(b), (d), (e), and (g)
36- Annotated Code of Maryland
37- (2019 Replacement Volume and 2023 Supplement)
28+FOR the purpose of adding labor trafficking by a child’s parent or guardian to the list of 3
29+conditions under which a local department of social services is authorized to ask the 4
30+juvenile court in a child in need of assistance proceeding to find that reasonable 5
31+efforts to reunify a child with the child’s parent or guardian are not required altering 6
32+the definition of “abuse” to include labor trafficking of a child by any individual for 7
33+purposes of provisions of law governing children in need of assistance cases and child 8
34+abuse and neglect reporting; expanding provisions of law relating to the Safe Harbor 9
35+Regional Navigator Grant Program to apply to child victims of labor trafficking; and 10
36+generally relating to labor trafficking of children. 11
3837
39-BY adding to
40- Article – Family Law
41- Section 5–701(m)
42- Annotated Code of Maryland
43- (2019 Replacement Volume and 2023 Supplement)
38+BY repealing and reenacting, with amendments, 12
39+ Article – Courts and Judicial Proceedings 13
40+Section 3–801 and 3–812 14
41+ Annotated Code of Maryland 15
42+ (2020 Replacement Volume and 2023 Supplement) 16
4443
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
46-That the Laws of Maryland read as follows:
44+BY repealing and reenacting, without amendments, 17
45+ Article – Family Law 18
46+Section 5–701(a) and 5–704.4(c) 19
47+ Annotated Code of Maryland 20
48+ (2019 Replacement Volume and 2023 Supplement) 21 2 HOUSE BILL 508
4749
48-Article – Courts and Judicial Proceedings
49- Ch. 349 2024 LAWS OF MARYLAND
5050
51-– 2 –
52-3–801.
5351
54- (a) In this subtitle the following words have the meanings indicated.
52+BY repealing and reenacting, with amendments, 1
53+ Article – Family Law 2
54+Section 5–701(m) 5–701(b) and (m), 5–704.3, and 5–704.4(b), (d), (e), and (g) 3
55+ Annotated Code of Maryland 4
56+ (2019 Replacement Volume and 2023 Supplement) 5
5557
56- (b) “Abuse” means:
58+BY adding to 6
59+ Article – Family Law 7
60+ Section 5–701(m) 8
61+ Annotated Code of Maryland 9
62+ (2019 Replacement Volume and 2023 Supplement) 10
5763
58- (1) Sexual abuse of a child, whether a physical injury is sustained or not;
59-or
64+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
65+That the Laws of Maryland read as follows: 12
6066
61- (2) Physical or mental injury of a child under circumstances that indicate
62-that the child’s health or welfare is harmed or is at substantial risk of being harmed by:
67+Article – Courts and Judicial Proceedings 13
6368
64- (i) A parent or other individual who has permanent or temporary
65-care or custody or responsibility for supervision of the child; or
69+3–801. 14
6670
67- (ii) A household or family member; OR
71+ (a) In this subtitle the following words have the meanings indicated. 15
6872
69- (3) LABOR TRAFFICKING OF A CHILD BY ANY INDIV IDUAL.
73+ (b) “Abuse” means: 16
7074
71- (c) “Adjudicatory hearing” means a hearing under this subtitle to determine
72-whether the allegations in the petition, other than the allegation that the child requires the
73-court’s intervention, are true.
75+ (1) Sexual abuse of a child, whether a physical injury is sustained or not; 17
76+or 18
7477
75- (d) “Adult” means an individual who is at least 18 years old.
78+ (2) Physical or mental injury of a child under circumstances that indicate 19
79+that the child’s health or welfare is harmed or is at substantial risk of being harmed by: 20
7680
77- (e) “Child” means an individual under the age of 18 years.
81+ (i) A parent or other individual who has permanent or temporary 21
82+care or custody or responsibility for supervision of the child; or 22
7883
79- (f) “Child in need of assistance” means a child who requires court intervention
80-because:
84+ (ii) A household or family member; OR 23
8185
82- (1) The child has been abused, has been neglected, has a developmental
83-disability, or has a mental disorder; and
86+ (3) LABOR TRAFFICKING OF A CHI LD BY ANY INDIVIDUAL . 24
8487
85- (2) The child’s parents, guardian, or custodian are unable or unwilling to
86-give proper care and attention to the child and the child’s needs.
88+ (c) “Adjudicatory hearing” means a hearing under this subtitle to determine 25
89+whether the allegations in the petition, other than the allegation that the child requires the 26
90+court’s intervention, are true. 27
8791
88- (g) “CINA” means a child in need of assistance.
92+ (d) “Adult” means an individual who is at least 18 years old. 28
8993
90- (h) “Commit” means to transfer custody.
94+ (e) “Child” means an individual under the age of 18 years. 29
9195
92- (i) “Court” means the circuit court for a county sitting as the juvenile court.
96+ (f) “Child in need of assistance” means a child who requires court intervention 30
97+because: 31 HOUSE BILL 508 3
9398
94- (j) “Custodian” means a person or governmental agency to whom custody of a
95-child has been given by order of court, including a court other than the juvenile court.
96- WES MOORE, Governor Ch. 349
9799
98-– 3 –
99- (k) “Custody” means the right and obligation, unless otherwise determined by the
100-court, to provide ordinary care for a child and determine placement.
101100
102- (l) “Developmental disability” means a severe chronic disability of an individual
103-that:
101+ (1) The child has been abused, has been neglected, has a developmental 1
102+disability, or has a mental disorder; and 2
104103
105- (1) Is attributable to a physical or mental impairment, other than the sole
106-diagnosis of mental illness, or to a combination of mental and physical impairments;
104+ (2) The child’s parents, guardian, or custodian are unable or unwilling to 3
105+give proper care and attention to the child and the child’s needs. 4
107106
108- (2) Is likely to continue indefinitely;
107+ (g) “CINA” means a child in need of assistance. 5
109108
110- (3) Results in an inability to live independently without external support
111-or continuing and regular assistance; and
109+ (h) “Commit” means to transfer custody. 6
112110
113- (4) Reflects the need for a combination and sequence of special,
114-interdisciplinary, or generic care, treatment, or other services that are individually planned
115-and coordinated for the individual.
111+ (i) “Court” means the circuit court for a county sitting as the juvenile court. 7
116112
117- (m) “Disposition hearing” means a hearing under this subtitle to determine:
113+ (j) “Custodian” means a person or governmental agency to whom custody of a 8
114+child has been given by order of court, including a court other than the juvenile court. 9
118115
119- (1) Whether a child is in need of assistance; and
116+ (k) “Custody” means the right and obligation, unless otherwise determined by the 10
117+court, to provide ordinary care for a child and determine placement. 11
120118
121- (2) If so, the nature of the court’s intervention to protect the child’s health,
122-safety, and well–being.
119+ (l) “Developmental disability” means a severe chronic disability of an individual 12
120+that: 13
123121
124- (n) “Guardian” means a person to whom guardianship of a child has been given
125-by order of court, including a court other than the juvenile court.
122+ (1) Is attributable to a physical or mental impairment, other than the sole 14
123+diagnosis of mental illness, or to a combination of mental and physical impairments; 15
126124
127- (o) “Guardianship” means an award by a court, including a court other than the
128-juvenile court, of the authority to make ordinary and emergency decisions as to the child’s
129-care, welfare, education, physical and mental health, and the right to pursue support.
125+ (2) Is likely to continue indefinitely; 16
130126
131- (p) “LABOR TRAFFICKING ” MEANS KNOWINGLY :
127+ (3) Results in an inability to live independently without external support 17
128+or continuing and regular assistance; and 18
132129
133- (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR
134-ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR
135-LABOR; OR
130+ (4) Reflects the need for a combination and sequence of special, 19
131+interdisciplinary, or generic care, treatment, or other services that are individually planned 20
132+and coordinated for the individual. 21
136133
137- (2) RECEIVING A BENEFIT O R THING OF VALUE FRO M THE PROVISION
138-OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR
139-COERCION.
134+ (m) “Disposition hearing” means a hearing under this subtitle to determine: 22
140135
141- (Q) “Local department” means:
136+ (1) Whether a child is in need of assistance; and 23
142137
143- (1) The local department of social services for the county in which the court
144-is located; or Ch. 349 2024 LAWS OF MARYLAND
138+ (2) If so, the nature of the court’s intervention to protect the child’s health, 24
139+safety, and well–being. 25
145140
146-– 4 –
141+ (n) “Guardian” means a person to whom guardianship of a child has been given 26
142+by order of court, including a court other than the juvenile court. 27
147143
148- (2) In Montgomery County, the county department of health and human
149-services.
144+ (o) “Guardianship” means an award by a court, including a court other than the 28
145+juvenile court, of the authority to make ordinary and emergency decisions as to the child’s 29
146+care, welfare, education, physical and mental health, and the right to pursue support. 30 4 HOUSE BILL 508
150147
151- [(q)] (R) (1) “Mental disorder” means a behavioral or emotional illness that
152-results from a psychiatric or neurological disorder.
153148
154- (2) “Mental disorder” includes a mental illness that so substantially
155-impairs the mental or emotional functioning of an individual as to make care or treatment
156-necessary or advisable for the welfare of the individual or for the safety of the person or
157-property of another.
158149
159- (3) “Mental disorder” does not include mental retardation.
150+ (p) “LABOR TRAFFICKING ” MEANS KNOWINGLY : 1
160151
161- [(r)] (S) “Mental injury” means the observable, identifiable, and substantial
162-impairment of a child’s mental or psychological ability to function.
152+ (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR 2
153+ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR 3
154+LABOR; OR 4
163155
164- [(s)] (T) (1) “Neglect” means the leaving of a child unattended or other failure
165-to give proper care and attention to a child by any parent or individual who has permanent
166-or temporary care or custody or responsibility for supervision of the child under
167-circumstances that indicate:
156+ (2) RECEIVING A BENEFIT O R THING OF VALUE FRO M THE PROVISION 5
157+OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR 6
158+COERCION. 7
168159
169- (i) That the child’s health or welfare is harmed or placed at
170-substantial risk of harm; or
160+ (Q) “Local department” means: 8
171161
172- (ii) That the child has suffered mental injury or been placed at
173-substantial risk of mental injury.
162+ (1) The local department of social services for the county in which the court 9
163+is located; or 10
174164
175- (2) “Neglect” does not include the use of cannabis by any parent or
176-individual who has permanent or temporary care or custody or responsibility for
177-supervision of the child unless, as a result of the use of cannabis:
165+ (2) In Montgomery County, the county department of health and human 11
166+services. 12
178167
179- (i) The child’s health or welfare is harmed or placed at substantial
180-risk of harm; or
168+ [(q)] (R) (1) “Mental disorder” means a behavioral or emotional illness that 13
169+results from a psychiatric or neurological disorder. 14
181170
182- (ii) The child has suffered mental injury or been placed at
183-substantial risk of mental injury.
171+ (2) “Mental disorder” includes a mental illness that so substantially 15
172+impairs the mental or emotional functioning of an individual as to make care or treatment 16
173+necessary or advisable for the welfare of the individual or for the safety of the person or 17
174+property of another. 18
184175
185- [(t)] (U) “Parent” means a natural or adoptive parent whose parental rights
186-have not been terminated.
176+ (3) “Mental disorder” does not include mental retardation. 19
187177
188- [(u)] (V) (1) “Party” means:
178+ [(r)] (S) “Mental injury” means the observable, identifiable, and substantial 20
179+impairment of a child’s mental or psychological ability to function. 21
189180
190- (i) A child who is the subject of a petition;
181+ [(s)] (T) (1) “Neglect” means the leaving of a child unattended or other failure 22
182+to give proper care and attention to a child by any parent or individual who has permanent 23
183+or temporary care or custody or responsibility for supervision of the child under 24
184+circumstances that indicate: 25
191185
192- (ii) The child’s parent, guardian, or custodian; WES MOORE, Governor Ch. 349
186+ (i) That the child’s health or welfare is harmed or placed at 26
187+substantial risk of harm; or 27
193188
194-– 5 –
189+ (ii) That the child has suffered mental injury or been placed at 28
190+substantial risk of mental injury. 29
195191
196- (iii) The petitioner; or
192+ (2) “Neglect” does not include the use of cannabis by any parent or 30
193+individual who has permanent or temporary care or custody or responsibility for 31
194+supervision of the child unless, as a result of the use of cannabis: 32 HOUSE BILL 508 5
197195
198- (iv) An adult who is charged under § 3–828 of this subtitle.
199196
200- (2) “Party” does not include a foster parent.
201197
202- [(v)] (W) “Qualified residential treatment program” means a program within a
203-licensed child care institution that provides continuous, 24–hour care and supportive
204-services to children in a residential, nonfamily home setting that:
198+ (i) The child’s health or welfare is harmed or placed at substantial 1
199+risk of harm; or 2
205200
206- (1) Has a trauma–informed treatment model that is designed to address
207-the clinical and other needs of children with serious emotional or behavioral disorders or
208-disturbances;
201+ (ii) The child has suffered mental injury or been placed at 3
202+substantial risk of mental injury. 4
209203
210- (2) Is able to implement the specific treatment recommended in an
211-assessment completed by a qualified individual;
204+ [(t)] (U) “Parent” means a natural or adoptive parent whose parental rights 5
205+have not been terminated. 6
212206
213- (3) Has registered or licensed nursing staff and other licensed clinical staff
214-who are:
207+ [(u)] (V) (1) “Party” means: 7
215208
216- (i) On site according to the treatment model and during business
217-hours; and
209+ (i) A child who is the subject of a petition; 8
218210
219- (ii) Available 24 hours a day, 7 days a week;
211+ (ii) The child’s parent, guardian, or custodian; 9
220212
221- (4) Appropriately facilitates outreach to family members and integrates
222-the family members into the treatment of the children;
213+ (iii) The petitioner; or 10
223214
224- (5) Is able to provide discharge planning that provides family–based
225-aftercare support for at least 6 months following discharge;
215+ (iv) An adult who is charged under § 3–828 of this subtitle. 11
226216
227- (6) Is licensed in accordance with § 471(a)(10) of the Social Security Act;
228-and
217+ (2) “Party” does not include a foster parent. 12
229218
230- (7) Is accredited by an approved independent nonprofit organization.
219+ [(v)] (W) “Qualified residential treatment program” means a program within a 13
220+licensed child care institution that provides continuous, 24–hour care and supportive 14
221+services to children in a residential, nonfamily home setting that: 15
231222
232- [(w)] (X) “Reasonable efforts” means efforts that are reasonably likely to achieve
233-the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle.
223+ (1) Has a trauma–informed treatment model that is designed to address 16
224+the clinical and other needs of children with serious emotional or behavioral disorders or 17
225+disturbances; 18
234226
235- [(x)] (Y) “Relative” means an individual who is:
227+ (2) Is able to implement the specific treatment recommended in an 19
228+assessment completed by a qualified individual; 20
236229
237- (1) Related to the child by blood or marriage within five degrees of
238-consanguinity or affinity under the civil law; and
230+ (3) Has registered or licensed nursing staff and other licensed clinical staff 21
231+who are: 22
239232
240- (2) (i) At least 21 years old; or Ch. 349 2024 LAWS OF MARYLAND
233+ (i) On site according to the treatment model and during business 23
234+hours; and 24
241235
242-– 6 –
236+ (ii) Available 24 hours a day, 7 days a week; 25
243237
244- (ii) 1. At least 18 years old; and
238+ (4) Appropriately facilitates outreach to family members and integrates 26
239+the family members into the treatment of the children; 27
245240
246- 2. Lives with a spouse who is at least 21 years old.
241+ (5) Is able to provide discharge planning that provides family–based 28
242+aftercare support for at least 6 months following discharge; 29
243+ 6 HOUSE BILL 508
247244
248- [(y)] (Z) “Sex trafficking” means the recruitment, harboring, transportation,
249-provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex
250-act.
251245
252- [(z)] (AA) “Sexual abuse” means an act that involves:
246+ (6) Is licensed in accordance with § 471(a)(10) of the Social Security Act; 1
247+and 2
253248
254- (1) Sexual molestation or exploitation of a child by:
249+ (7) Is accredited by an approved independent nonprofit organization. 3
255250
256- (i) A parent or other individual who has permanent or temporary
257-care or custody or responsibility for supervision of the child; or
251+ [(w)] (X) “Reasonable efforts” means efforts that are reasonably likely to achieve 4
252+the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle. 5
258253
259- (ii) A household or family member; or
254+ [(x)] (Y) “Relative” means an individual who is: 6
260255
261- (2) Sex trafficking of a child by any individual.
256+ (1) Related to the child by blood or marriage within five degrees of 7
257+consanguinity or affinity under the civil law; and 8
262258
263- [(aa)] (BB) “Sexual molestation or exploitation” includes:
259+ (2) (i) At least 21 years old; or 9
264260
265- (1) Allowing or encouraging a child to engage in:
261+ (ii) 1. At least 18 years old; and 10
266262
267- (i) Obscene photography, films, poses, or similar activity;
263+ 2. Lives with a spouse who is at least 21 years old. 11
268264
269- (ii) Pornographic photography, films, poses, or similar activity; or
265+ [(y)] (Z) “Sex trafficking” means the recruitment, harboring, transportation, 12
266+provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex 13
267+act. 14
270268
271- (iii) Prostitution;
269+ [(z)] (AA) “Sexual abuse” means an act that involves: 15
272270
273- (2) Incest;
271+ (1) Sexual molestation or exploitation of a child by: 16
274272
275- (3) Rape;
273+ (i) A parent or other individual who has permanent or temporary 17
274+care or custody or responsibility for supervision of the child; or 18
276275
277- (4) Sexual offense in any degree; and
276+ (ii) A household or family member; or 19
278277
279- (5) Any other sexual conduct that is a crime.
278+ (2) Sex trafficking of a child by any individual. 20
280279
281- [(bb)] (CC) “Shelter care” means a temporary placement of a child outside of the
282-home at any time before disposition.
280+ [(aa)] (BB) “Sexual molestation or exploitation” includes: 21
283281
284- [(cc)] (DD) “Shelter care hearing” means a hearing held before disposition to
285-determine whether the temporary placement of the child outside of the home is warranted.
282+ (1) Allowing or encouraging a child to engage in: 22
286283
287- [(dd)] (EE) “TPR proceeding” means a proceeding to terminate parental rights.
288- WES MOORE, Governor Ch. 349
284+ (i) Obscene photography, films, poses, or similar activity; 23
289285
290-– 7 –
291- [(ee)] (FF) “Voluntary placement” means a placement in accordance with §
292-5–525(b)(1)(i) or (iii) or (3) of the Family Law Article.
286+ (ii) Pornographic photography, films, poses, or similar activity; or 24
293287
294- [(ff)] (GG) “Voluntary placement hearing” means a hearing to obtain a judicial
295-determination as to whether continuing a voluntary placement is in the best interests of
296-the child.
288+ (iii) Prostitution; 25
297289
298-3–812.
290+ (2) Incest; 26
299291
300- (a) (1) In this section the following words have the meanings indicated, unless
301-the context of their use indicates otherwise.
292+ (3) Rape; 27 HOUSE BILL 508 7
302293
303- (2) “Abandon” means to leave a child without any provision for support and
304-without any person who has accepted long–term responsibility to maintain care and have
305-custody and control of the child when:
306294
307- (i) The whereabouts of the parent or guardian are unknown; and
308295
309- (ii) The local department has made reasonable efforts to locate the
310-parent or guardian over a period of at least 6 months and has been unsuccessful.
296+ (4) Sexual offense in any degree; and 1
311297
312- (3) “Crime of violence”:
298+ (5) Any other sexual conduct that is a crime. 2
313299
314- (i) Has the meaning stated in § 14–101 of the Criminal Law Article;
315-or
300+ [(bb)] (CC) “Shelter care” means a temporary placement of a child outside of the 3
301+home at any time before disposition. 4
316302
317- (ii) As to a crime committed in another state, means a crime that, if
318-committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal
319-Law Article.
303+ [(cc)] (DD) “Shelter care hearing” means a hearing held before disposition to 5
304+determine whether the temporary placement of the child outside of the home is warranted. 6
320305
321- (4) “Torture” means to cause intense pain to body or mind for purposes of
322-punishment or extraction of information or for sadistic purposes.
306+ [(dd)] (EE) “TPR proceeding” means a proceeding to terminate parental rights. 7
323307
324- (b) In a petition under this subtitle, a local department may ask the court to find
325-that reasonable efforts to reunify a child with the child’s parent or guardian are not
326-required if the local department concludes that a parent or guardian:
308+ [(ee)] (FF) “Voluntary placement” means a placement in accordance with § 8
309+5–525(b)(1)(i) or (iii) or (3) of the Family Law Article. 9
327310
328- (1) Has subjected the child to any of the following aggravated
329-circumstances:
311+ [(ff)] (GG) “Voluntary placement hearing” means a hearing to obtain a judicial 10
312+determination as to whether continuing a voluntary placement is in the best interests of 11
313+the child. 12
330314
331- (i) The parent or guardian has engaged in or facilitated:
315+3–812. 13
332316
333- 1. Chronic or severe physical abuse of the child, a sibling of
334-the child, or another child in the household;
335- Ch. 349 2024 LAWS OF MARYLAND
317+ (a) (1) In this section the following words have the meanings indicated, unless 14
318+the context of their use indicates otherwise. 15
336319
337-– 8 –
338- 2. Chronic and life–threatening neglect of the child, a sibling
339-of the child, or another child in the household;
320+ (2) “Abandon” means to leave a child without any provision for support and 16
321+without any person who has accepted long–term responsibility to maintain care and have 17
322+custody and control of the child when: 18
340323
341- 3. Sexual abuse OR LABOR TRAFFICKING of the child, a
342-sibling of the child, or another child in the household; or
324+ (i) The whereabouts of the parent or guardian are unknown; and 19
343325
344- 4. Torture of the child, a sibling of the child, or another child
345-in the household;
326+ (ii) The local department has made reasonable efforts to locate the 20
327+parent or guardian over a period of at least 6 months and has been unsuccessful. 21
346328
347- (ii) The parent or guardian knowingly failed to take appropriate
348-steps to protect the child after a person in the household [inflicted]:
329+ (3) “Crime of violence”: 22
349330
350- 1. INFLICTED sexual abuse, severe physical abuse,
351-life–threatening neglect, or torture on the child or another child in the household; OR
331+ (i) Has the meaning stated in § 14–101 of the Criminal Law Article; 23
332+or 24
352333
353- 2. ENGAGED IN OR FACILIT ATED LABOR TRAFFICKI NG
354-OF THE CHILD;
334+ (ii) As to a crime committed in another state, means a crime that, if 25
335+committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal 26
336+Law Article. 27
355337
356- (iii) The child, a sibling of the child, or another child in the household
357-has suffered severe physical abuse or death resulting from abuse by the parent or guardian
358-or another adult in the household and all persons who could have inflicted the abuse or
359-caused the death remain in the household; or
338+ (4) “Torture” means to cause intense pain to body or mind for purposes of 28
339+punishment or extraction of information or for sadistic purposes. 29
340+ 8 HOUSE BILL 508
360341
361- (iv) The parent or guardian has abandoned the child;
362342
363- (2) Has been convicted, in any state or any court of the United States, of:
343+ (b) In a petition under this subtitle, a local department may ask the court to find 1
344+that reasonable efforts to reunify a child with the child’s parent or guardian are not 2
345+required if the local department concludes that a parent or guardian: 3
364346
365- (i) A crime of violence against:
347+ (1) Has subjected the child to any of the following aggravated 4
348+circumstances: 5
366349
367- 1. A minor offspring of the parent or guardian;
350+ (i) The parent or guardian has engaged in or facilitated: 6
368351
369- 2. The child; or
352+ 1. Chronic or severe physical abuse of the child, a sibling of 7
353+the child, or another child in the household; 8
370354
371- 3. Another parent or guardian of the child; or
355+ 2. Chronic and life–threatening neglect of the child, a sibling 9
356+of the child, or another child in the household; 10
372357
373- (ii) Aiding or abetting, conspiring, or soliciting to commit a crime
374-described in item (i) of this item; or
358+ 3. Sexual abuse OR LABOR TRAFFICKING of the child, a 11
359+sibling of the child, or another child in the household; or 12
375360
376- (3) Has involuntarily lost parental rights of a sibling of the child.
361+ 4. Torture of the child, a sibling of the child, or another child 13
362+in the household; 14
377363
378- (c) If the local department determines after the initial petition is filed that any of
379-the circumstances specified in subsection (b) of this section exists, the local department
380-may immediately request the court to find that reasonable efforts to reunify the child with
381-the child’s parent or guardian are not required.
382- WES MOORE, Governor Ch. 349
364+ (ii) The parent or guardian knowingly failed to take appropriate 15
365+steps to protect the child after a person in the household [inflicted]: 16
383366
384-– 9 –
385- (d) If the court finds by clear and convincing evidence that any of the
386-circumstances specified in subsection (b) of this section exists, the court shall waive the
387-requirement that reasonable efforts be made to reunify the child with the child’s parent or
388-guardian.
367+ 1. INFLICTED sexual abuse, severe physical abuse, 17
368+life–threatening neglect, or torture on the child or another child in the household; OR 18
389369
390- (e) If the court finds that reasonable efforts are not required, the local department
391-shall:
370+ 2. ENGAGED IN OR FACILIT ATED LABOR TRAFFICKI NG 19
371+OF THE CHILD; 20
392372
393- (1) Request that a permanency planning hearing be held in accordance
394-with § 3–823 of this subtitle within 30 days after the court makes the finding; and
373+ (iii) The child, a sibling of the child, or another child in the household 21
374+has suffered severe physical abuse or death resulting from abuse by the parent or guardian 22
375+or another adult in the household and all persons who could have inflicted the abuse or 23
376+caused the death remain in the household; or 24
395377
396- (2) Make reasonable efforts to place the child in a timely manner in
397-accordance with the permanency plan and complete the steps necessary to finalize the
398-permanent placement of the child.
378+ (iv) The parent or guardian has abandoned the child; 25
399379
400- (f) If a parent consents to guardianship or adoption in accordance with § 5–320
401-or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary.
380+ (2) Has been convicted, in any state or any court of the United States, of: 26
402381
403-Article – Family Law
382+ (i) A crime of violence against: 27
404383
405-5–701.
384+ 1. A minor offspring of the parent or guardian; 28
406385
407- (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the
408-following words have the meanings indicated.
386+ 2. The child; or 29
409387
410- (b) (1) “Abuse” means:
388+ 3. Another parent or guardian of the child; or 30 HOUSE BILL 508 9
411389
412- (i) the physical or mental injury of a child under circumstances that
413-indicate that the child’s health or welfare is harmed or at substantial risk of being harmed
414-by:
415390
416- 1. a parent;
417391
418- 2. a household member or family member;
392+ (ii) Aiding or abetting, conspiring, or soliciting to commit a crime 1
393+described in item (i) of this item; or 2
419394
420- 3. a person who has permanent or temporary care or custody
421-of the child;
395+ (3) Has involuntarily lost parental rights of a sibling of the child. 3
422396
423- 4. a person who has responsibility for supervision of the
424-child; or
397+ (c) If the local department determines after the initial petition is filed that any of 4
398+the circumstances specified in subsection (b) of this section exists, the local department 5
399+may immediately request the court to find that reasonable efforts to reunify the child with 6
400+the child’s parent or guardian are not required. 7
425401
426- 5. a person who, because of the person’s position or
427-occupation, exercises authority over the child; [or]
402+ (d) If the court finds by clear and convincing evidence that any of the 8
403+circumstances specified in subsection (b) of this section exists, the court shall waive the 9
404+requirement that reasonable efforts be made to reunify the child with the child’s parent or 10
405+guardian. 11
428406
429- (ii) sexual abuse of a child, whether physical injuries are sustained
430-or not; OR Ch. 349 2024 LAWS OF MARYLAND
407+ (e) If the court finds that reasonable efforts are not required, the local department 12
408+shall: 13
431409
432-– 10 –
410+ (1) Request that a permanency planning hearing be held in accordance 14
411+with § 3–823 of this subtitle within 30 days after the court makes the finding; and 15
433412
434- (III) LABOR TRAFFICKING OF A CHILD BY ANY INDIV IDUAL.
413+ (2) Make reasonable efforts to place the child in a timely manner in 16
414+accordance with the permanency plan and complete the steps necessary to finalize the 17
415+permanent placement of the child. 18
435416
436- (2) “Abuse” does not include the physical injury of a child by accidental
437-means.
417+ (f) If a parent consents to guardianship or adoption in accordance with § 5–320 19
418+or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary. 20
438419
439- [(m)] (L) “Indicated” means a finding that there is credible evidence, which has
440-not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.
420+Article – Family Law 21
441421
442- (M) “LABOR TRAFFICKING ” MEANS KNOWINGLY :
422+5–701. 22
443423
444- (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR
445-ENTICING A CHILD BY FORCE, FRAUD, OR COERCI ON TO PROVIDE SERVIC ES OR
446-LABOR; OR
424+ (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 23
425+following words have the meanings indicated. 24
447426
448- (2) RECEIVING A BENEFIT OR THING OF VALUE FR OM THE PROVISION
449-OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR
450-COERCION.
427+ (b) (1) “Abuse” means: 25
451428
452-5–704.3.
429+ (i) the physical or mental injury of a child under circumstances that 26
430+indicate that the child’s health or welfare is harmed or at substantial risk of being harmed 27
431+by: 28
453432
454- A local department that receives a report of suspected abuse or neglect under this
455-subtitle involving a child who is a suspected victim of sex trafficking OR LABOR
456-TRAFFICKING shall refer the child to any appropriate regional navigator, as defined in §
457-5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the
458-child is a resident for services.
433+ 1. a parent; 29
459434
460-5–704.4.
435+ 2. a household member or family member; 30
436+ 10 HOUSE BILL 508
461437
462- (b) (1) There is a Safe Harbor Regional Navigator Grant Program.
463438
464- (2) The purpose of the program is to support services for youth victims of
465-sex trafficking AND LABOR TRAFFICKIN G by:
439+ 3. a person who has permanent or temporary care or custody 1
440+of the child; 2
466441
467- (i) creating and sustaining projects to provide services for youth
468-victims of sex trafficking that are victim–centered and trauma–informed;
442+ 4. a person who has responsibility for supervision of the 3
443+child; or 4
469444
470- (ii) facilitating and coordinating among local departments, the
471-Department of Juvenile Services, sexual assault crisis programs, child advocacy programs,
472-local offices of the Office of the Public Defender, and other state and local agencies
473-responding to youth victims of sex trafficking AND LABOR TRA FFICKING;
445+ 5. a person who, because of the person’s position or 5
446+occupation, exercises authority over the child; [or] 6
474447
475- (iii) ensuring that youth victims of sex trafficking AND LABOR
476-TRAFFICKING have access to services described under subsection (e) of this section;
477- WES MOORE, Governor Ch. 349
448+ (ii) sexual abuse of a child, whether physical injuries are sustained 7
449+or not; OR 8
478450
479-– 11 –
480- (iv) increasing the State’s capacity to respond to youth sex trafficking
481-AND LABOR TRAFFICKING ; and
451+ (III) LABOR TRAFFICKING OF A CHILD BY ANY INDIV IDUAL. 9
482452
483- (v) training providers to appropriately identify and serve youth
484-victims of sex trafficking AND LABOR TRAFFICKIN G.
453+ (2) “Abuse” does not include the physical injury of a child by accidental 10
454+means. 11
485455
486- (c) A grantee under the program may include:
456+ [(m)] (L) “Indicated” means a finding that there is credible evidence, which has 12
457+not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur. 13
487458
488- (1) a child advocacy center;
459+ (M) “LABOR TRAFFICKING ” MEANS KNOWINGLY : 14
489460
490- (2) a sexual assault crisis program; or
461+ (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR 15
462+ENTICING A CHILD BY FORCE, FRAUD, OR COERCIO N TO PROVIDE SERVICE S OR 16
463+LABOR; OR 17
491464
492- (3) a qualified community–based victim services provider.
465+ (2) RECEIVING A BENEFIT OR THING OF VALUE FR OM THE PROVISION 18
466+OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR 19
467+COERCION. 20
493468
494- (d) Grants under this section shall be awarded:
469+5–704.3. 21
495470
496- (1) to ensure that emergency and long–term services are available for
497-youth victims of sex trafficking AND LABOR TRAFFICKIN G in every jurisdiction in the
498-State by January 1, 2022; and
471+ A local department that receives a report of suspected abuse or neglect under this 22
472+subtitle involving a child who is a suspected victim of sex trafficking OR LABOR 23
473+TRAFFICKING shall refer the child to any appropriate regional navigator, as defined in § 24
474+5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the 25
475+child is a resident for services. 26
499476
500- (2) to provide services in one jurisdiction or in more than one similar
501-jurisdiction in the same region.
477+5–704.4. 27
502478
503- (e) Services coordinated and provided by a grantee under this section shall
504-include:
479+ (b) (1) There is a Safe Harbor Regional Navigator Grant Program. 28
505480
506- (1) safety planning;
481+ (2) The purpose of the program is to support services for youth victims of 29
482+sex trafficking AND LABOR TRAFFICKIN G by: 30
483+ HOUSE BILL 508 11
507484
508- (2) emergency response;
509485
510- (3) basic living needs, [not] including housing;
486+ (i) creating and sustaining projects to provide services for youth 1
487+victims of sex trafficking that are victim–centered and trauma–informed; 2
511488
512- (4) trauma counseling and mental health services;
489+ (ii) facilitating and coordinating among local departments, the 3
490+Department of Juvenile Services, sexual assault crisis programs, child advocacy programs, 4
491+local offices of the Office of the Public Defender, and other state and local agencies 5
492+responding to youth victims of sex trafficking AND LABOR TRA FFICKING; 6
513493
514- (5) drug and alcohol abuse treatment;
494+ (iii) ensuring that youth victims of sex trafficking AND LABOR 7
495+TRAFFICKING have access to services described under subsection (e) of this section; 8
515496
516- (6) legal services;
497+ (iv) increasing the State’s capacity to respond to youth sex trafficking 9
498+AND LABOR TRAFFICK ING; and 10
517499
518- (7) victim advocacy;
500+ (v) training providers to appropriately identify and serve youth 11
501+victims of sex trafficking AND LABOR TRAFFICKIN G. 12
519502
520- (8) case management; and
503+ (c) A grantee under the program may include: 13
521504
522- (9) designation of regional navigators.
505+ (1) a child advocacy center; 14
523506
524- (g) (1) Every 2 years, beginning December 1, 2019, the Executive Director
525-shall submit an independent evaluation report with qualitative and quantitative data to Ch. 349 2024 LAWS OF MARYLAND
507+ (2) a sexual assault crisis program; or 15
526508
527-– 12 –
528-the Governor and, in accordance with § 2–1257 of the State Government Article, the
529-General Assembly regarding whether services coordinated and provided by grantees under
530-this section are available, adequate, and successfully serving children and youth who are
531-victims of sex trafficking AND LABOR TRAFFICKI NG.
509+ (3) a qualified community–based victim services provider. 16
532510
533- (2) Beginning December 1, 2019, the Department of Human Services shall
534-annually report to the Governor and, in accordance with § 2–1257 of the State Government
535-Article, the General Assembly on:
511+ (d) Grants under this section shall be awarded: 17
536512
537- (i) the number of reports of child sex trafficking AND LABOR
538-TRAFFICKING made in the State in the preceding year;
513+ (1) to ensure that emergency and long–term services are available for 18
514+youth victims of sex trafficking AND LABOR TRAFFICKIN G in every jurisdiction in the 19
515+State by January 1, 2022; and 20
539516
540- (ii) the outcome or disposition of reports of child sex trafficking AND
541-LABOR TRAFFICKING made in the State in the preceding year; and
517+ (2) to provide services in one jurisdiction or in more than one similar 21
518+jurisdiction in the same region. 22
542519
543- (iii) the number of referrals made to regional navigators under this
544-section in the preceding year.
520+ (e) Services coordinated and provided by a grantee under this section shall 23
521+include: 24
545522
546- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
547-October 1, 2024.
523+ (1) safety planning; 25
548524
549-Approved by the Governor, April 25, 2024.
525+ (2) emergency response; 26
526+
527+ (3) basic living needs, [not] including housing; 27
528+
529+ (4) trauma counseling and mental health services; 28
530+
531+ (5) drug and alcohol abuse treatment; 29 12 HOUSE BILL 508
532+
533+
534+
535+ (6) legal services; 1
536+
537+ (7) victim advocacy; 2
538+
539+ (8) case management; and 3
540+
541+ (9) designation of regional navigators. 4
542+
543+ (g) (1) Every 2 years, beginning December 1, 2019, the Executive Director 5
544+shall submit an independent evaluation report with qualitative and quantitative data to 6
545+the Governor and, in accordance with § 2–1257 of the State Government Article, the 7
546+General Assembly regarding whether services coordinated and provided by grantees under 8
547+this section are available, adequate, and successfully serving children and youth who are 9
548+victims of sex trafficking AND LABOR TRAFFICKIN G. 10
549+
550+ (2) Beginning December 1, 2019, the Department of Human Services shall 11
551+annually report to the Governor and, in accordance with § 2–1257 of the State Government 12
552+Article, the General Assembly on: 13
553+
554+ (i) the number of reports of child sex trafficking AND LABOR 14
555+TRAFFICKING made in the State in the preceding year; 15
556+
557+ (ii) the outcome or disposition of reports of child sex trafficking AND 16
558+LABOR TRAFFICKING made in the State in the preceding year; and 17
559+
560+ (iii) the number of referrals made to regional navigators under this 18
561+section in the preceding year. 19
562+
563+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
564+October 1, 2024. 21
565+
566+
567+
568+
569+Approved:
570+________________________________________________________________________________
571+ Governor.
572+________________________________________________________________________________
573+ Speaker of the House of Delegates.
574+________________________________________________________________________________
575+ President of the Senate.