EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[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.
Italics indicate opposite chamber/conference committee amendments.
*hb0833*
HOUSE BILL 833
D4 (4lr1204)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegates Williams and Wilkins, Wilkins, Simmons, Phillips, Arikan,
Taylor, Grammer, and Kaufman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Children in Need of Assistance – Parents in Substance Use Disorder 2
Treatment – Children in Need of Assistance and Treatment Facilities 3
FOR the purpose of establishing a presumption that placement with a child’s parent is in 4
the best interest of the child, the child is receiving proper care and attention, and 5
there is not a certain emergency situation if the child’s parent is receiving certain 6
substance use disorder treatment and the child is in the presence of the child’s parent 7
for the duration of the child’s parent’s treatment; requiring a local department of 8
social services to file a certain report with a court under certain circumstances; 9
authorizing the Behavioral Health Administration to require a facility that provides 10
treatment for substance use disorder to provide beds and services to patients’ 11
children and allow patients’ children to be in the presence of the child’s parent for 12
the duration of treatment; and generally relating to children in need of assistance 13
and substance use disorder treatment. 14 2 HOUSE BILL 833
BY repealing and reenacting, with amendments, 1
Article – Courts and Judicial Proceedings 2
Section 3–815 and 3–818 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Family Law 7
Section 5–525(e)(4) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 8–401 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Courts and Judicial Proceedings 18
3–815. 19
(a) In accordance with regulations adopted by the Department of Human 20
Services, a local department may authorize shelter care for a child who may be in need of 21
assistance and has been taken into custody under this subtitle. 22
(b) A local department may place a child in emergency shelter care before a 23
hearing if: 24
(1) Placement is required to protect the child from serious immediate 25
danger; 26
(2) There is no parent, guardian, custodian, relative, or other person able 27
to provide supervision; and 28
(3) (i) 1. The child’s continued placement in the child’s home is 29
contrary to the welfare of the child; and 30
2. Because of an alleged emergency situation, removal from 31
the home is reasonable under the circumstances to provide for the safety of the child; or 32
(ii) 1. Reasonable efforts have been made but have been 33
unsuccessful in preventing or eliminating the need for removal from the child’s home; and 34 HOUSE BILL 833 3
2. As appropriate, reasonable efforts are being made to 1
return the child to the child’s home. 2
(c) (1) Whenever a child is not returned to the child’s parent, guardian, or 3
custodian, the local department shall immediately file a petition to authorize continued 4
shelter care. 5
(2) (i) The court shall hold a shelter care hearing on the petition before 6
disposition to determine whether the temporary placement of the child outside of the home 7
is warranted. 8
(ii) Unless extended on good cause shown, a shelter care hearing 9
shall be held not later than the next day on which the circuit court is in session. 10
(3) If the child’s parents, guardian, custodian, or relatives can be located, 11
reasonable notice, oral or written, stating the time, place, and purpose of the shelter care 12
hearing shall be given. 13
(4) A court may not order shelter care for more than 30 days except that 14
shelter care may be extended for up to an additional 30 days if the court finds after a 15
hearing held as part of an adjudication that continued shelter care is needed to provide for 16
the safety of the child. 17
(5) Unless good cause is shown, a court shall give priority to the child’s 18
relatives over nonrelatives when ordering shelter care for a child. 19
(d) [A] SUBJECT TO SUBSECTION (E) OF THIS SECTION, A court may continue 20
shelter care beyond emergency shelter care only if the court finds that: 21
(1) Return of the child to the child’s home is contrary to the safety and 22
welfare of the child; and 23
(2) (i) Removal of the child from the child’s home is necessary due to an 24
alleged emergency situation and in order to provide for the safety of the child; or 25
(ii) Reasonable efforts were made but were unsuccessful in 26
preventing or eliminating the need for removal of the child from the home. 27
(e) (1) IF A CHILD ’S PARENT IS RECEIVIN G TREATMENT IN A 28
RESIDENTIAL OR OUTPATIENT SUBSTANCE USE DISORD ER TREATMENT PROGRAM 29
WITH BEDS OR SERVICE S FOR PATIENTS ’ CHILDREN AND THE CHILD IS IN THE 30
PRESENCE OF THE CHIL D’S PARENT FOR THE DUR ATION OF THE CHILD ’S PARENT’S 31
TREATMENT , THERE IS A PRESUMPTI ON THAT: 32
4 HOUSE BILL 833
(1) (I) PLACEMENT WITH THE CHILD’S PARENT IS IN THE B EST 1
INTEREST OF THE CHIL D; AND 2
(2) (II) THERE IS NOT AN EMERG ENCY SITUATION UNDER THE 3
PROVISIONS OF SUBSEC TION (D)(2)(I) OF THIS SECTION. 4
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT 5
ANOTHER PARENT OR A GUARDIAN, A CUSTODIAN, A RELATIVE, OR ANOTHER 6
PERSON ABLE TO PROVI DE SUPERVISION AND C ARE FROM PROVIDING S UPERVISION 7
AND CARE FOR A CHILD FOR THE DURATION OF THE CHILD’S PARENT’S TREATMENT 8
IF THE OTHER PARENT , GUARDIAN, CUSTODIAN, RELATIVE, OR OTHER PERSON 9
AGREES TO PROVIDE SUPERVISION A ND CARE. 10
(F) (1) If the court continues shelter care on the basis of an alleged emergency, 11
the court shall assess whether the absence of efforts to prevent removal was reasonable. 12
(2) If the court finds that the absence of efforts to prevent removal was not 13
reasonable, the court shall make a written determination so stating. 14
(3) The court shall make a written determination as to whether reasonable 15
efforts are being made to make it possible to return the child to the child’s home or whether 16
the absence of such efforts is reasonable. 17
[(f)] (G) (1) An alleged CINA may not be placed in: 18
(i) Detention, as defined in § 3–8A–01 of this title; or 19
(ii) A mental health facility, unless committed involuntarily in 20
accordance with §§ 10–613 through 10–619 of the Health – General Article. 21
(2) (i) If the child is alleged to be in need of assistance because of a 22
mental disorder or a developmental disability, the child may be placed in a shelter care 23
facility maintained or licensed by the Maryland Department of Health or, if no such facility 24
is available, in a private home or shelter care facility approved by the court. 25
(ii) If the child is alleged to be in need of assistance for any other 26
reason, the child may be placed in a shelter care facility maintained or approved by the 27
Social Services Administration or in a private home or shelter care facility approved by the 28
court. 29
(3) An alleged CINA may not be placed in a shelter care facility that is not 30
operating in compliance with applicable State licensing laws. 31
(4) The Secretary of Human Services, the Secretary of Juvenile Services, 32
the Secretary of Health, the State Superintendent of Schools, and the Special Secretary for 33
Children, Youth, and Families, when appropriate, shall jointly adopt regulations to ensure 34 HOUSE BILL 833 5
that any child placed in shelter care in accordance with a petition filed under this section 1
is provided appropriate services, including: 2
(i) Health care services; 3
(ii) Mental health care services; 4
(iii) Counseling services; 5
(iv) Education services; 6
(v) Social work services; 7
(vi) [Drug and alcohol abuse] SUBSTANCE USE DISORDE R 8
assessment or treatment services; and 9
(vii) Visitation with siblings and biological family. 10
(5) In addition to any other provision, the regulations shall require the 11
local department: 12
(i) Within 45 days of placement of a child in a shelter care facility, 13
to develop a plan to assess the child’s treatment needs; and 14
(ii) To submit the plan to all parties to the petition and their counsel. 15
3–818. 16
(A) [Within] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , 17
WITHIN 1 year after a child’s birth, there is a presumption that a child is not receiving 18
proper care and attention from the [mother] PARENT for purposes of § 3–801(f)(2) of this 19
subtitle if: 20
(1) (i) The child was born exposed to cocaine, heroin, 21
methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced 22
by any appropriate tests of the [mother] PARENT or child; or 23
(ii) Upon admission to a hospital for delivery of the child, the 24
[mother] PARENT tested positive for cocaine, heroin, methamphetamine, or a derivative of 25
cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and 26
(2) [Drug] SUBSTANCE USE DISORDER treatment is made available to 27
the [mother] PARENT and the [mother] PARENT refuses the recommended level of [drug] 28
SUBSTANCE USE DISORDER treatment, or does not successfully complete the 29
recommended level of [drug] SUBSTANCE USE DISORDER treatment. 30
6 HOUSE BILL 833
(B) (1) THERE IS A PRESUMPTIO N THAT A CHILD IS RE CEIVING PROPER 1
CARE AND ATTENTION F ROM THE PARENT FOR P URPOSES OF § 3–801(F)(2) OF THIS 2
SUBTITLE IF: 3
(1) (I) THE PARENT IS RECEIV ING TREATMENT IN A R ESIDENTIAL 4
OR OUTPATIENT SUBSTANCE USE DISORD ER TREATMENT PROGRAM WITH BEDS OR 5
SERVICES FOR PATIENT S’ CHILDREN; AND 6
(2) (II) THE CHILD IS IN THE P RESENCE OF THE CHILD ’S PARENT 7
FOR THE DURATION OF THE CHILD’S PARENT’S TREATMENT . 8
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO PROHIBIT 9
ANOTHER PARENT OR A GUARDIAN, A CUSTODIAN , A RELATIVE, OR ANOTHER 10
PERSON ABLE TO PROVI DE SUPERVISION AND C ARE FROM PROVIDING S UPERVISION 11
AND CARE FOR A CHILD FOR THE DURATION OF THE CHILD’S PARENT’S TREATMENT 12
IF THE OTHER PARENT , GUARDIAN, CUSTODIAN, RELATIVE, OR OTHER PERSON 13
AGREES TO PROVIDE SU PERVISION AND CARE . 14
Article – Family Law 15
5–525. 16
(e) (4) If continuation of reasonable efforts to reunify the child with the child’s 17
parents or guardian is determined to be inconsistent with the permanency plan for the 18
child[,]: 19
(I) reasonable efforts shall be made to place the child in a timely 20
manner in accordance with the permanency plan, including consideration of both in–State 21
and out–of–state placements, and to complete the steps to finalize the permanent 22
placement of the child; AND 23
(II) IN A CASE IN WHICH T HE PARENT OF THE CHI LD IS 24
RECEIVING TREATMENT IN A RESIDENTIAL OR OUTPATIENT SUBSTANCE USE 25
DISORDER TREATMENT P ROGRAM WITH BEDS OR SERVICES FOR PATIENT S’ 26
CHILDREN AND THE CHILD IS IN THE PRESENCE OF THE CHIL D’S PARENT FOR THE 27
DURATION OF THE CHIL D’S PARENT’S TREATMENT, THE LOCAL DEPARTMENT SHALL 28
FILE A REPORT WITH T HE COURT THAT EXPLAI NS: 29
1. WHY THE CHILD WAS NO T PLACED WITH THE PA RENT; 30
2. ANY EFFORTS THE LOCA L DEPARTMENT HAS MADE 31
TOWARD PLACEMENT OF THE CHILD; AND 32
HOUSE BILL 833 7
3. ANY DIFFICULTIES WIT H PLACING THE CHILD WITH 1
THE PARENT. 2
Article – Health – General 3
8–401. 4
(a) (1) The Administration shall: 5
(i) Promote, develop, establish, conduct, certify, and monitor 6
programs for the prevention, treatment, and rehabilitation related to the misuse of alcohol 7
and drugs; and 8
(ii) Promote and conduct training and research related to the misuse 9
of alcohol and drugs. 10
(2) (i) In cooperation with the Motor Vehicle Administration, courts, 11
police, and other agencies, the Administration shall approve appropriate programs of 12
alcohol and drug abuse education or treatment for individuals who are convicted under § 13
21–902 of the Transportation Article. 14
(ii) The programs under this paragraph shall be coordinated with 15
and integrated into broad planning for comprehensive community health and welfare 16
services. 17
(3) The Administration shall: 18
(i) Review and, in accordance with regulations that the 19
Administration shall adopt, approve or disapprove each program that a public or private 20
agency wants to offer under § 6–219(c) or § 6–220(e) of the Criminal Procedure Article; 21
(ii) Promptly give the Administrative Office of the Courts notice of 22
each program approved under this paragraph; 23
(iii) Monitor and biennially review each program approved under this 24
paragraph; 25
(iv) Investigate each complaint made in connection with a program; 26
and 27
(v) Promptly give the Administrative Office of the Courts notice if 28
the Department withdraws its approval of any program. 29
(b) The Administration may: 30
(1) Develop pilot programs; 31
8 HOUSE BILL 833
(2) For these purposes and notwithstanding any other law, establish, 1
direct, and conduct any experimental pilot clinical program for the treatment of alcohol or 2
drug abusers, including any program to administer, under medical supervision and control, 3
maintenance dosages of prescribed drugs; 4
(3) Either alone or with other public or private agencies, direct and conduct 5
basic research in alcohol or drug abuse, including clinical epidemiological, social science, 6
and statistical research; [and] 7
(4) In cooperation with the Department of Public Safety and Correctional 8
Services or any other appropriate correctional agency, establish and maintain, in any 9
correctional institution in this State, programs for the prevention and treatment of alcohol 10
and drug abuse and for the rehabilitation of alcohol and drug abusers; AND 11
(5) REQUIRE A FACILITY TH AT PROVIDES TREATMEN T FOR 12
SUBSTANCE USE DISORD ER TO: 13
(I) PROVIDE BEDS AND SERVICES FOR PAT IENTS’ CHILDREN; 14
AND 15
(II) ALLOW A PATIENT ’S CHILD TO BE IN THE PRESENCE OF THE 16
CHILD’S PARENT FOR THE DUR ATION OF THE CHILD ’S PARENT’S TREATMENT . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.