EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0833*
HOUSE BILL 833
D4 4lr1204
By: Delegates Williams and Wilkins
Introduced and read first time: January 31, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Children in Need of Assistance – Parents in Substance Use Disorder Treatment 2
FOR the purpose of establishing a presumption that placement with a child’s parent is in 3
the best interest of the child, the child is receiving proper care and attention, and 4
there is not a certain emergency situation if the child’s parent is receiving certain 5
substance use disorder treatment; requiring a local department of social services to 6
file a certain report with a court under certain circumstances; and generally relating 7
to children in need of assistance. 8
BY repealing and reenacting, with amendments, 9
Article – Courts and Judicial Proceedings 10
Section 3–815 and 3–818 11
Annotated Code of Maryland 12
(2020 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Family Law 15
Section 5–525(e)(4) 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Courts and Judicial Proceedings 21
3–815. 22
(a) In accordance with regulations adopted by the Department of Human 23
Services, a local department may authorize shelter care for a child who may be in need of 24
assistance and has been taken into custody under this subtitle. 25 2 HOUSE BILL 833
(b) A local department may place a child in emergency shelter care before a 1
hearing if: 2
(1) Placement is required to protect the child from serious immediate 3
danger; 4
(2) There is no parent, guardian, custodian, relative, or other person able 5
to provide supervision; and 6
(3) (i) 1. The child’s continued placement in the child’s home is 7
contrary to the welfare of the child; and 8
2. Because of an alleged emergency situation, removal from 9
the home is reasonable under the circumstances to provide for the safety of the child; or 10
(ii) 1. Reasonable efforts have been made but have been 11
unsuccessful in preventing or eliminating the need for removal from the child’s home; and 12
2. As appropriate, reasonable efforts are being made to 13
return the child to the child’s home. 14
(c) (1) Whenever a child is not returned to the child’s parent, guardian, or 15
custodian, the local department shall immediately file a petition to authorize continued 16
shelter care. 17
(2) (i) The court shall hold a shelter care hearing on the petition before 18
disposition to determine whether the temporary placement of the child outside of the home 19
is warranted. 20
(ii) Unless extended on good cause shown, a shelter care hearing 21
shall be held not later than the next day on which the circuit court is in session. 22
(3) If the child’s parents, guardian, custodian, or relatives can be located, 23
reasonable notice, oral or written, stating the time, place, and purpose of the shelter care 24
hearing shall be given. 25
(4) A court may not order shelter care for more than 30 days except that 26
shelter care may be extended for up to an additional 30 days if the court finds after a 27
hearing held as part of an adjudication that continued shelter care is needed to provide for 28
the safety of the child. 29
(5) Unless good cause is shown, a court shall give priority to the child’s 30
relatives over nonrelatives when ordering shelter care for a child. 31
(d) [A] SUBJECT TO SUBSECTION (E) OF THIS SECTION, A court may continue 32
shelter care beyond emergency shelter care only if the court finds that: 33 HOUSE BILL 833 3
(1) Return of the child to the child’s home is contrary to the safety and 1
welfare of the child; and 2
(2) (i) Removal of the child from the child’s home is necessary due to an 3
alleged emergency situation and in order to provide for the safety of the child; or 4
(ii) Reasonable efforts were made but were unsuccessful in 5
preventing or eliminating the need for removal of the child from the home. 6
(e) IF A CHILD’S PARENT IS RECEIVING TREATMENT IN A RESIDENTIAL OR 7
OUTPATIENT SUBSTANCE USE DISORDER TREATMENT PROGRAM WITH BEDS OR 8
SERVICES FOR PATIENT S’ CHILDREN, THERE IS A PRESUMPTI ON THAT: 9
(1) PLACEMENT WITH THE CH ILD’S PARENT IS IN THE BEST INTER EST 10
OF THE CHILD; AND 11
(2) THERE IS NOT AN EMERG ENCY SITUATION UNDER THE 12
PROVISIONS OF SUBSEC TION (D)(2)(I) OF THIS SECTION. 13
(F) (1) If the court continues shelter care on the basis of an alleged emergency, 14
the court shall assess whether the absence of efforts to prevent removal was reasonable. 15
(2) If the court finds that the absence of efforts to prevent removal was not 16
reasonable, the court shall make a written determination so stating. 17
(3) The court shall make a written determination as to whether reasonable 18
efforts are being made to make it possible to return the child to the child’s home or whether 19
the absence of such efforts is reasonable. 20
[(f)] (G) (1) An alleged CINA may not be placed in: 21
(i) Detention, as defined in § 3–8A–01 of this title; or 22
(ii) A mental health facility, unless committed involuntarily in 23
accordance with §§ 10–613 through 10–619 of the Health – General Article. 24
(2) (i) If the child is alleged to be in need of assistance because of a 25
mental disorder or a developmental disability, the child may be placed in a shelter care 26
facility maintained or licensed by the Maryland Department of Health or, if no such facility 27
is available, in a private home or shelter care facility approved by the court. 28
(ii) If the child is alleged to be in need of assistance for any other 29
reason, the child may be placed in a shelter care facility maintained or approved by the 30
Social Services Administration or in a private home or shelter care facility approved by the 31
court. 32 4 HOUSE BILL 833
(3) An alleged CINA may not be placed in a shelter care facility that is not 1
operating in compliance with applicable State licensing laws. 2
(4) The Secretary of Human Services, the Secretary of Juvenile Services, 3
the Secretary of Health, the State Superintendent of Schools, and the Special Secretary for 4
Children, Youth, and Families, when appropriate, shall jointly adopt regulations to ensure 5
that any child placed in shelter care in accordance with a petition filed under this section 6
is provided appropriate services, including: 7
(i) Health care services; 8
(ii) Mental health care services; 9
(iii) Counseling services; 10
(iv) Education services; 11
(v) Social work services; 12
(vi) [Drug and alcohol abuse] SUBSTANCE USE DISORDER 13
assessment or treatment services; and 14
(vii) Visitation with siblings and biological family. 15
(5) In addition to any other provision, the regulations shall require the 16
local department: 17
(i) Within 45 days of placement of a child in a shelter care facility, 18
to develop a plan to assess the child’s treatment needs; and 19
(ii) To submit the plan to all parties to the petition and their counsel. 20
3–818. 21
(A) [Within] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 22
WITHIN 1 year after a child’s birth, there is a presumption that a child is not receiving 23
proper care and attention from the [mother] PARENT for purposes of § 3–801(f)(2) of this 24
subtitle if: 25
(1) (i) The child was born exposed to cocaine, heroin, 26
methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced 27
by any appropriate tests of the [mother] PARENT or child; or 28
HOUSE BILL 833 5
(ii) Upon admission to a hospital for delivery of the child, the 1
[mother] PARENT tested positive for cocaine, heroin, methamphetamine, or a derivative of 2
cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and 3
(2) [Drug] SUBSTANCE USE DISORDER treatment is made available to 4
the [mother] PARENT and the [mother] PARENT refuses the recommended level of [drug] 5
SUBSTANCE USE DISORDER treatment, or does not successfully complete the 6
recommended level of [drug] SUBSTANCE USE DISORDER treatment. 7
(B) THERE IS A PRESUMPTION THA T A CHILD IS RECEIVING PROPER CARE 8
AND ATTENTION FROM T HE PARENT FOR PURPOSES OF § 3–801(F)(2) OF THIS 9
SUBTITLE IF THE PARENT IS RECEIVING TREATMENT IN A RESIDENTIAL OR 10
OUTPATIENT SUBSTANCE USE DISORDER TREATMENT PROGRAM WI TH BEDS OR 11
SERVICES FOR PATIENT S’ CHILDREN. 12
Article – Family Law 13
5–525. 14
(e) (4) If continuation of reasonable efforts to reunify the child with the child’s 15
parents or guardian is determined to be inconsistent with the permanency plan for the 16
child[,]: 17
(I) reasonable efforts shall be made to place the child in a timely 18
manner in accordance with the permanency plan, including consideration of both in–State 19
and out–of–state placements, and to complete the steps to finalize the permanent 20
placement of the child; AND 21
(II) IN A CASE IN WHICH T HE PARENT OF THE CHILD IS 22
RECEIVING TREATMENT IN A RESIDENTIAL OR OUTPA TIENT SUBSTANCE USE 23
DISORDER TREATMENT PROGRAM WI TH BEDS OR SERVICES FOR PATIENTS ’ 24
CHILDREN, THE LOCAL DEPARTMENT SHALL FILE A REPORT WITH T HE COURT THAT 25
EXPLAINS: 26
1. WHY THE CHILD WAS NOT PLACED WITH THE PARENT; 27
2. ANY EFFORTS THE LOCAL DEPARTMENT HAS MADE 28
TOWARD PLACEMENT OF THE CHILD; AND 29
3. ANY DIFFICULTIES WITH PLACING THE CHILD WI TH 30
THE PARENT. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October 1, 2024. 33