WES MOORE, Governor Ch. 371
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Chapter 371
(House Bill 833)
AN ACT concerning
Children in Need of Assistance – Parents in Substance Use Disorder
Treatment – Children in Need of Assistance and Treatment Facilities
FOR the purpose of establishing a presumption that placement with a child’s parent is in
the best interest of the child, the child is receiving proper care and attention, and
there is not a certain emergency situation if the child’s parent is receiving certain
substance use disorder treatment and the child is in the presence of the child’s parent
for the duration of the child’s parent’s treatment; requiring a local department of
social services to file a certain report with a court under certain circumstances;
authorizing the Behavioral Health Administration to require a facility that provides
treatment for substance use disorder to provide beds and services to patients’
children and allow patients’ children to be in the presence of the child’s parent for
the duration of treatment; and generally relating to children in need of assistance
and substance use disorder treatment.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–815 and 3–818
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Family Law
Section 5–525(e)(4)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 8–401
Annotated Code of Maryland
(2023 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
3–815.
Ch. 371 2024 LAWS OF MARYLAND
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(a) In accordance with regulations adopted by the Department of Human
Services, a local department may authorize shelter care for a child who may be in need of
assistance and has been taken into custody under this subtitle.
(b) A local department may place a child in emergency shelter care before a
hearing if:
(1) Placement is required to protect the child from serious immediate
danger;
(2) There is no parent, guardian, custodian, relative, or other person able
to provide supervision; and
(3) (i) 1. The child’s continued placement in the child’s home is
contrary to the welfare of the child; and
2. Because of an alleged emergency situation, removal from
the home is reasonable under the circumstances to provide for the safety of the child; or
(ii) 1. Reasonable efforts have been made but have been
unsuccessful in preventing or eliminating the need for removal from the child’s home; and
2. As appropriate, reasonable efforts are being made to
return the child to the child’s home.
(c) (1) Whenever a child is not returned to the child’s parent, guardian, or
custodian, the local department shall immediately file a petition to authorize continued
shelter care.
(2) (i) The court shall hold a shelter care hearing on the petition before
disposition to determine whether the temporary placement of the child outside of the home
is warranted.
(ii) Unless extended on good cause shown, a shelter care hearing
shall be held not later than the next day on which the circuit court is in session.
(3) If the child’s parents, guardian, custodian, or relatives can be located,
reasonable notice, oral or written, stating the time, place, and purpose of the shelter care
hearing shall be given.
(4) A court may not order shelter care for more than 30 days except that
shelter care may be extended for up to an additional 30 days if the court finds after a
hearing held as part of an adjudication that continued shelter care is needed to provide for
the safety of the child.
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(5) Unless good cause is shown, a court shall give priority to the child’s
relatives over nonrelatives when ordering shelter care for a child.
(d) [A] SUBJECT TO SUBSECTION (E) OF THIS SECTION, A court may continue
shelter care beyond emergency shelter care only if the court finds that:
(1) Return of the child to the child’s home is contrary to the safety and
welfare of the child; and
(2) (i) Removal of the child from the child’s home is necessary due to an
alleged emergency situation and in order to provide for the safety of the child; or
(ii) Reasonable efforts were made but were unsuccessful in
preventing or eliminating the need for removal of the child from the home.
(e) (1) IF A CHILD ’S PARENT IS RECEIVIN G TREATMENT IN A
RESIDENTIAL OR OUTPATIENT SUBSTANCE USE DISORD ER TREATMENT PROGRAM
WITH BEDS OR SERVICE S FOR PATIENTS ’ CHILDREN AND THE CHILD IS IN THE
PRESENCE OF THE CHIL D’S PARENT FOR THE DURATION OF THE CHIL D’S PARENT’S
TREATMENT , THERE IS A PRESUMPTI ON THAT:
(1) (I) PLACEMENT WITH THE CH ILD’S PARENT IS IN THE B EST
INTEREST OF THE CHIL D; AND
(2) (II) THERE IS NOT AN EMERG ENCY SITUATION UNDER THE
PROVISIONS OF SUBSEC TION (D)(2)(I) OF THIS SECTION.
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO P ROHIBIT
ANOTHER PARENT OR A GUARDIAN, A CUSTODIAN , A RELATIVE, OR ANOTHER
PERSON ABLE TO PROVI DE SUPERVISION AND CARE FROM PROVID ING SUPERVISION
AND CARE FOR A CHILD FOR THE DURATION OF THE CHILD’S PARENT’S TREATMENT
IF THE OTHER PARENT , GUARDIAN, CUSTODIAN, RELATIVE, OR OTHER PERSON
AGREES TO PROVIDE SU PERVISION AND CARE .
(F) (1) If the court continues shelter care on the basis of an alleged emergency,
the court shall assess whether the absence of efforts to prevent removal was reasonable.
(2) If the court finds that the absence of efforts to prevent removal was not
reasonable, the court shall make a written determination so stating.
(3) The court shall make a written determination as to whether reasonable
efforts are being made to make it possible to return the child to the child’s home or whether
the absence of such efforts is reasonable.
[(f)] (G) (1) An alleged CINA may not be placed in: Ch. 371 2024 LAWS OF MARYLAND
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(i) Detention, as defined in § 3–8A–01 of this title; or
(ii) A mental health facility, unless committed involuntarily in
accordance with §§ 10–613 through 10–619 of the Health – General Article.
(2) (i) If the child is alleged to be in need of assistance because of a
mental disorder or a developmental disability, the child may be placed in a shelter care
facility maintained or licensed by the Maryland Department of Health or, if no such facility
is available, in a private home or shelter care facility approved by the court.
(ii) If the child is alleged to be in need of assistance for any other
reason, the child may be placed in a shelter care facility maintained or approved by the
Social Services Administration or in a private home or shelter care facility approved by the
court.
(3) An alleged CINA may not be placed in a shelter care facility that is not
operating in compliance with applicable State licensing laws.
(4) The Secretary of Human Services, the Secretary of Juvenile Services,
the Secretary of Health, the State Superintendent of Schools, and the Special Secretary for
Children, Youth, and Families, when appropriate, shall jointly adopt regulations to ensure
that any child placed in shelter care in accordance with a petition filed under this section
is provided appropriate services, including:
(i) Health care services;
(ii) Mental health care services;
(iii) Counseling services;
(iv) Education services;
(v) Social work services;
(vi) [Drug and alcohol abuse] SUBSTANCE USE DISORDE R
assessment or treatment services; and
(vii) Visitation with siblings and biological family.
(5) In addition to any other provision, the regulations shall require the
local department:
(i) Within 45 days of placement of a child in a shelter care facility,
to develop a plan to assess the child’s treatment needs; and
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(ii) To submit the plan to all parties to the petition and their counsel.
3–818.
(A) [Within] EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION ,
WITHIN 1 year after a child’s birth, there is a presumption that a child is not receiving
proper care and attention from the [mother] PARENT for purposes of § 3–801(f)(2) of this
subtitle if:
(1) (i) The child was born exposed to cocaine, heroin,
methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced
by any appropriate tests of the [mother] PARENT or child; or
(ii) Upon admission to a hospital for delivery of the child, the
[mother] PARENT tested positive for cocaine, heroin, methamphetamine, or a derivative of
cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and
(2) [Drug] SUBSTANCE USE DISORDER treatment is made available to
the [mother] PARENT and the [mother] PARENT refuses the recommended level of [drug]
SUBSTANCE USE DISORDER treatment, or does not successfully complete the
recommended level of [drug] SUBSTANCE USE DISORDER treatment.
(B) (1) THERE IS A PRESUMPTIO N THAT A CHILD IS RECEIVING P ROPER
CARE AND ATTENTION F ROM THE PARENT FOR P URPOSES OF § 3–801(F)(2) OF THIS
SUBTITLE IF:
(1) (I) THE PARENT IS RECEIV ING TREATMENT IN A R ESIDENTIAL
OR OUTPATIENT SUBSTANCE USE DISORD ER TREATMENT PROGRAM WITH BEDS OR
SERVICES FOR PATIENT S’ CHILDREN; AND
(2) (II) THE CHILD IS IN THE P RESENCE OF THE CHILD ’S PARENT
FOR THE DURATION OF THE CHILD’S PARENT’S TREATMENT .
(2) THIS SUBSECTION MAY N OT BE CONSTRUED TO PROHIBIT
ANOTHER PARENT OR A GUARDIAN, A CUSTODIAN , A RELATIVE, OR ANOTHER
PERSON ABLE TO PROVI DE SUPERVISION AND C ARE FROM PROVIDING S UPERVISION
AND CARE FOR A CHILD FOR THE DURATION OF THE CHILD’S PARENT’S TREATMENT
IF THE OTHER PARENT , GUARDIAN, CUSTODIAN, RELATIVE, OR OTHER PERSON
AGREES TO PROVIDE SU PERVISION AND CARE .
Article – Family Law
5–525.
Ch. 371 2024 LAWS OF MARYLAND
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(e) (4) If continuation of reasonable efforts to reunify the child with the child’s
parents or guardian is determined to be inconsistent with the permanency plan for the
child[,]:
(I) reasonable efforts shall be made to place the child in a timely
manner in accordance with the permanency plan, including consideration of both in–State
and out–of–state placements, and to complete the steps to finalize the permanent
placement of the child; AND
(II) IN A CASE IN WHICH T HE PARENT OF THE CHI LD IS
RECEIVING TREATMENT IN A RESIDENTIAL OR OUTPATIENT SUBSTANCE USE
DISORDER TREATMENT P ROGRAM WITH BEDS OR SERVICES FOR PATIENT S’
CHILDREN AND THE CHILD IS IN THE PRESENCE OF THE CHIL D’S PARENT FOR THE
DURATION OF THE CHIL D’S PARENT’S TREATMENT, THE LOCAL DEPARTMENT SHALL
FILE A REPORT WITH T HE COURT THAT EXPLAI NS:
1. WHY THE CHILD WAS NO T PLACED WITH THE PA RENT;
2. ANY EFFORTS THE LOCA L DEPARTMENT HAS MADE
TOWARD PLACEMENT OF THE CHILD; AND
3. ANY DIFFICULTIES WIT H PLACING THE CHILD WITH
THE PARENT.
Article – Health – General
8–401.
(a) (1) The Administration shall:
(i) Promote, develop, establish, conduct, certify, and monitor
programs for the prevention, treatment, and rehabilitation related to the misuse of alcohol
and drugs; and
(ii) Promote and conduct training and research related to the misuse
of alcohol and drugs.
(2) (i) In cooperation with the Motor Vehicle Administration, courts,
police, and other agencies, the Administration shall approve appropriate programs of
alcohol and drug abuse education or treatment for individuals who are convicted under §
21–902 of the Transportation Article.
(ii) The programs under this paragraph shall be coordinated with
and integrated into broad planning for comprehensive community health and welfare
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(3) The Administration shall:
(i) Review and, in accordance with regulations that the
Administration shall adopt, approve or disapprove each program that a public or private
agency wants to offer under § 6–219(c) or § 6–220(e) of the Criminal Procedure Article;
(ii) Promptly give the Administrative Office of the Courts notice of
each program approved under this paragraph;
(iii) Monitor and biennially review each program approved under this
paragraph;
(iv) Investigate each complaint made in connection with a program;
and
(v) Promptly give the Administrative Office of the Courts notice if
the Department withdraws its approval of any program.
(b) The Administration may:
(1) Develop pilot programs;
(2) For these purposes and notwithstanding any other law, establish,
direct, and conduct any experimental pilot clinical program for the treatment of alcohol or
drug abusers, including any program to administer, under medical supervision and control,
maintenance dosages of prescribed drugs;
(3) Either alone or with other public or private agencies, direct and conduct
basic research in alcohol or drug abuse, including clinical epidemiological, social science,
and statistical research; [and]
(4) In cooperation with the Department of Public Safety and Correctional
Services or any other appropriate correctional agency, establish and maintain, in any
correctional institution in this State, programs for the prevention and treatment of alcohol
and drug abuse and for the rehabilitation of alcohol and drug abusers; AND
(5) REQUIRE A FACILITY TH AT PROVIDES TREATMEN T FOR
SUBSTANCE USE DISORD ER TO:
(I) PROVIDE BEDS AND SERVICES FOR PAT IENTS’ CHILDREN;
AND
(II) ALLOW A PATIENT ’S CHILD TO BE IN THE PRESENCE OF THE
CHILD’S PARENT FOR THE DUR ATION OF THE CHILD ’S PARENT’S TREATMENT .
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.