EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0550* SENATE BILL 550 D4 4lr2245 CF HB 508 By: Senator Sydnor Introduced and read first time: January 25, 2024 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning 1 Children – Labor Trafficking 2 FOR the purpose of adding labor trafficking by a child’s parent or guardian to the list of 3 conditions under which a local department of social services is authorized to ask the 4 juvenile court in a child in need of assistance proceeding to find that reasonable 5 efforts to reunify a child with the child’s parent or guardian are not required; 6 expanding provisions of law relating to the Safe Harbor Regional Navigator Grant 7 Program to apply to child victims of labor trafficking; and generally relating to labor 8 trafficking of children. 9 BY repealing and reenacting, with amendments, 10 Article – Courts and Judicial Proceedings 11 Section 3–801 and 3–812 12 Annotated Code of Maryland 13 (2020 Replacement Volume and 2023 Supplement) 14 BY repealing and reenacting, without amendments, 15 Article – Family Law 16 Section 5–701(a) and 5–704.4(c) 17 Annotated Code of Maryland 18 (2019 Replacement Volume and 2023 Supplement) 19 BY repealing and reenacting, with amendments, 20 Article – Family Law 21 Section 5–701(m), 5–704.3, and 5–704.4(b), (d), (e), and (g) 22 Annotated Code of Maryland 23 (2019 Replacement Volume and 2023 Supplement) 24 BY adding to 25 Article – Family Law 26 Section 5–701(m) 27 2 SENATE BILL 550 Annotated Code of Maryland 1 (2019 Replacement Volume and 2023 Supplement) 2 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 That the Laws of Maryland read as follows: 4 Article – Courts and Judicial Proceedings 5 3–801. 6 (a) In this subtitle the following words have the meanings indicated. 7 (b) “Abuse” means: 8 (1) Sexual abuse of a child, whether a physical injury is sustained or not; 9 or 10 (2) Physical or mental injury of a child under circumstances that indicate 11 that the child’s health or welfare is harmed or is at substantial risk of being harmed by: 12 (i) A parent or other individual who has permanent or temporary 13 care or custody or responsibility for supervision of the child; or 14 (ii) A household or family member. 15 (c) “Adjudicatory hearing” means a hearing under this subtitle to determine 16 whether the allegations in the petition, other than the allegation that the child requires the 17 court’s intervention, are true. 18 (d) “Adult” means an individual who is at least 18 years old. 19 (e) “Child” means an individual under the age of 18 years. 20 (f) “Child in need of assistance” means a child who requires court intervention 21 because: 22 (1) The child has been abused, has been neglected, has a developmental 23 disability, or has a mental disorder; and 24 (2) The child’s parents, guardian, or custodian are unable or unwilling to 25 give proper care and attention to the child and the child’s needs. 26 (g) “CINA” means a child in need of assistance. 27 (h) “Commit” means to transfer custody. 28 (i) “Court” means the circuit court for a county sitting as the juvenile court. 29 SENATE BILL 550 3 (j) “Custodian” means a person or governmental agency to whom custody of a 1 child has been given by order of court, including a court other than the juvenile court. 2 (k) “Custody” means the right and obligation, unless otherwise determined by the 3 court, to provide ordinary care for a child and determine placement. 4 (l) “Developmental disability” means a severe chronic disability of an individual 5 that: 6 (1) Is attributable to a physical or mental impairment, other than the sole 7 diagnosis of mental illness, or to a combination of mental and physical impairments; 8 (2) Is likely to continue indefinitely; 9 (3) Results in an inability to live independently without external support 10 or continuing and regular assistance; and 11 (4) Reflects the need for a combination and sequence of special, 12 interdisciplinary, or generic care, treatment, or other services that are individually planned 13 and coordinated for the individual. 14 (m) “Disposition hearing” means a hearing under this subtitle to determine: 15 (1) Whether a child is in need of assistance; and 16 (2) If so, the nature of the court’s intervention to protect the child’s health, 17 safety, and well–being. 18 (n) “Guardian” means a person to whom guardianship of a child has been given 19 by order of court, including a court other than the juvenile court. 20 (o) “Guardianship” means an award by a court, including a court other than the 21 juvenile court, of the authority to make ordinary and emergency decisions as to the child’s 22 care, welfare, education, physical and mental health, and the right to pursue support. 23 (p) “LABOR TRAFFICKING ” MEANS KNOWINGLY : 24 (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR 25 ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR 26 LABOR; OR 27 (2) RECEIVING A BENEFIT O R THING OF VALUE FRO M THE PROVISION 28 OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR 29 COERCION. 30 4 SENATE BILL 550 (Q) “Local department” means: 1 (1) The local department of social services for the county in which the court 2 is located; or 3 (2) In Montgomery County, the county department of health and human 4 services. 5 [(q)] (R) (1) “Mental disorder” means a behavioral or emotional illness that 6 results from a psychiatric or neurological disorder. 7 (2) “Mental disorder” includes a mental illness that so substantially 8 impairs the mental or emotional functioning of an individual as to make care or treatment 9 necessary or advisable for the welfare of the individual or for the safety of the person or 10 property of another. 11 (3) “Mental disorder” does not include mental retardation. 12 [(r)] (S) “Mental injury” means the observable, identifiable, and substantial 13 impairment of a child’s mental or psychological ability to function. 14 [(s)] (T) (1) “Neglect” means the leaving of a child unattended or other failure 15 to give proper care and attention to a child by any parent or individual who has permanent 16 or temporary care or custody or responsibility for supervision of the child under 17 circumstances that indicate: 18 (i) That the child’s health or welfare is harmed or placed at 19 substantial risk of harm; or 20 (ii) That the child has suffered mental injury or been placed at 21 substantial risk of mental injury. 22 (2) “Neglect” does not include the use of cannabis by any parent or 23 individual who has permanent or temporary care or custody or responsibility for 24 supervision of the child unless, as a result of the use of cannabis: 25 (i) The child’s health or welfare is harmed or placed at substantial 26 risk of harm; or 27 (ii) The child has suffered mental injury or been placed at 28 substantial risk of mental injury. 29 [(t)] (U) “Parent” means a natural or adoptive parent whose parental rights 30 have not been terminated. 31 [(u)] (V) (1) “Party” means: 32 SENATE BILL 550 5 (i) A child who is the subject of a petition; 1 (ii) The child’s parent, guardian, or custodian; 2 (iii) The petitioner; or 3 (iv) An adult who is charged under § 3–828 of this subtitle. 4 (2) “Party” does not include a foster parent. 5 [(v)] (W) “Qualified residential treatment program” means a program within a 6 licensed child care institution that provides continuous, 24–hour care and supportive 7 services to children in a residential, nonfamily home setting that: 8 (1) Has a trauma–informed treatment model that is designed to address 9 the clinical and other needs of children with serious emotional or behavioral disorders or 10 disturbances; 11 (2) Is able to implement the specific treatment recommended in an 12 assessment completed by a qualified individual; 13 (3) Has registered or licensed nursing staff and other licensed clinical staff 14 who are: 15 (i) On site according to the treatment model and during business 16 hours; and 17 (ii) Available 24 hours a day, 7 days a week; 18 (4) Appropriately facilitates outreach to family members and integrates 19 the family members into the treatment of the children; 20 (5) Is able to provide discharge planning that provides family–based 21 aftercare support for at least 6 months following discharge; 22 (6) Is licensed in accordance with § 471(a)(10) of the Social Security Act; 23 and 24 (7) Is accredited by an approved independent nonprofit organization. 25 [(w)] (X) “Reasonable efforts” means efforts that are reasonably likely to achieve 26 the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle. 27 [(x)] (Y) “Relative” means an individual who is: 28 (1) Related to the child by blood or marriage within five degrees of 29 6 SENATE BILL 550 consanguinity or affinity under the civil law; and 1 (2) (i) At least 21 years old; or 2 (ii) 1. At least 18 years old; and 3 2. Lives with a spouse who is at least 21 years old. 4 [(y)] (Z) “Sex trafficking” means the recruitment, harboring, transportation, 5 provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex 6 act. 7 [(z)] (AA) “Sexual abuse” means an act that involves: 8 (1) Sexual molestation or exploitation of a child by: 9 (i) A parent or other individual who has permanent or temporary 10 care or custody or responsibility for supervision of the child; or 11 (ii) A household or family member; or 12 (2) Sex trafficking of a child by any individual. 13 [(aa)] (BB) “Sexual molestation or exploitation” includes: 14 (1) Allowing or encouraging a child to engage in: 15 (i) Obscene photography, films, poses, or similar activity; 16 (ii) Pornographic photography, films, poses, or similar activity; or 17 (iii) Prostitution; 18 (2) Incest; 19 (3) Rape; 20 (4) Sexual offense in any degree; and 21 (5) Any other sexual conduct that is a crime. 22 [(bb)] (CC) “Shelter care” means a temporary placement of a child outside of the 23 home at any time before disposition. 24 [(cc)] (DD) “Shelter care hearing” means a hearing held before disposition to 25 determine whether the temporary placement of the child outside of the home is warranted. 26 SENATE BILL 550 7 [(dd)] (EE) “TPR proceeding” means a proceeding to terminate parental rights. 1 [(ee)] (FF) “Voluntary placement” means a placement in accordance with § 2 5–525(b)(1)(i) or (iii) or (3) of the Family Law Article. 3 [(ff)] (GG) “Voluntary placement hearing” means a hearing to obtain a judicial 4 determination as to whether continuing a voluntary placement is in the best interests of 5 the child. 6 3–812. 7 (a) (1) In this section the following words have the meanings indicated, unless 8 the context of their use indicates otherwise. 9 (2) “Abandon” means to leave a child without any provision for support and 10 without any person who has accepted long–term responsibility to maintain care and have 11 custody and control of the child when: 12 (i) The whereabouts of the parent or guardian are unknown; and 13 (ii) The local department has made reasonable efforts to locate the 14 parent or guardian over a period of at least 6 months and has been unsuccessful. 15 (3) “Crime of violence”: 16 (i) Has the meaning stated in § 14–101 of the Criminal Law Article; 17 or 18 (ii) As to a crime committed in another state, means a crime that, if 19 committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal 20 Law Article. 21 (4) “Torture” means to cause intense pain to body or mind for purposes of 22 punishment or extraction of information or for sadistic purposes. 23 (b) In a petition under this subtitle, a local department may ask the court to find 24 that reasonable efforts to reunify a child with the child’s parent or guardian are not 25 required if the local department concludes that a parent or guardian: 26 (1) Has subjected the child to any of the following aggravated 27 circumstances: 28 (i) The parent or guardian has engaged in or facilitated: 29 1. Chronic or severe physical abuse of the child, a sibling of 30 the child, or another child in the household; 31 8 SENATE BILL 550 2. Chronic and life–threatening neglect of the child, a sibling 1 of the child, or another child in the household; 2 3. Sexual abuse OR LABOR TRAFFICKING of the child, a 3 sibling of the child, or another child in the household; or 4 4. Torture of the child, a sibling of the child, or another child 5 in the household; 6 (ii) The parent or guardian knowingly failed to take appropriate 7 steps to protect the child after a person in the household [inflicted]: 8 1. INFLICTED sexual abuse, severe physical abuse, 9 life–threatening neglect, or torture on the child or another child in the household; OR 10 2. ENGAGED IN OR FACILIT ATED LABOR TRAFFICKI NG 11 OF THE CHILD; 12 (iii) The child, a sibling of the child, or another child in the household 13 has suffered severe physical abuse or death resulting from abuse by the parent or guardian 14 or another adult in the household and all persons who could have inflicted the abuse or 15 caused the death remain in the household; or 16 (iv) The parent or guardian has abandoned the child; 17 (2) Has been convicted, in any state or any court of the United States, of: 18 (i) A crime of violence against: 19 1. A minor offspring of the parent or guardian; 20 2. The child; or 21 3. Another parent or guardian of the child; or 22 (ii) Aiding or abetting, conspiring, or soliciting to commit a crime 23 described in item (i) of this item; or 24 (3) Has involuntarily lost parental rights of a sibling of the child. 25 (c) If the local department determines after the initial petition is filed that any of 26 the circumstances specified in subsection (b) of this section exists, the local department 27 may immediately request the court to find that reasonable efforts to reunify the child with 28 the child’s parent or guardian are not required. 29 (d) If the court finds by clear and convincing evidence that any of the 30 SENATE BILL 550 9 circumstances specified in subsection (b) of this section exists, the court shall waive the 1 requirement that reasonable efforts be made to reunify the child with the child’s parent or 2 guardian. 3 (e) If the court finds that reasonable efforts are not required, the local department 4 shall: 5 (1) Request that a permanency planning hearing be held in accordance 6 with § 3–823 of this subtitle within 30 days after the court makes the finding; and 7 (2) Make reasonable efforts to place the child in a timely manner in 8 accordance with the permanency plan and complete the steps necessary to finalize the 9 permanent placement of the child. 10 (f) If a parent consents to guardianship or adoption in accordance with § 5–320 11 or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary. 12 Article – Family Law 13 5–701. 14 (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 15 following words have the meanings indicated. 16 [(m)] (L) “Indicated” means a finding that there is credible evidence, which has 17 not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur. 18 (M) “LABOR TRAFFICKING” MEANS KNOWINGLY : 19 (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR 20 ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR 21 LABOR; OR 22 (2) RECEIVING A BENEFIT OR THING OF VALUE FR OM THE PROVISION 23 OF SERVICES OR LABOR BY A CHILD THAT WAS IND UCED BY FORCE , FRAUD, OR 24 COERCION. 25 5–704.3. 26 A local department that receives a report of suspected abuse or neglect under this 27 subtitle involving a child who is a suspected victim of sex trafficking OR LABOR 28 TRAFFICKING shall refer the child to any appropriate regional navigator, as defined in § 29 5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the 30 child is a resident for services. 31 5–704.4. 32 10 SENATE BILL 550 (b) (1) There is a Safe Harbor Regional Navigator Grant Program. 1 (2) The purpose of the program is to support services for youth victims of 2 sex trafficking AND LABOR TRAFFICKIN G by: 3 (i) creating and sustaining projects to provide services for youth 4 victims of sex trafficking that are victim–centered and trauma–informed; 5 (ii) facilitating and coordinating among local departments, the 6 Department of Juvenile Services, sexual assault crisis programs, child advocacy programs, 7 local offices of the Office of the Public Defender, and other state and local agencies 8 responding to youth victims of sex trafficking AND LABOR TRAFFICKIN G; 9 (iii) ensuring that youth victims of sex trafficking AND LABOR 10 TRAFFICKING have access to services described under subsection (e) of this section; 11 (iv) increasing the State’s capacity to respond to youth sex trafficking 12 AND LABOR TRAFFICKIN G; and 13 (v) training providers to appropriately identify and serve youth 14 victims of sex trafficking AND LABOR TRAFFICKIN G. 15 (c) A grantee under the program may include: 16 (1) a child advocacy center; 17 (2) a sexual assault crisis program; or 18 (3) a qualified community–based victim services provider. 19 (d) Grants under this section shall be awarded: 20 (1) to ensure that emergency and long–term services are available for 21 youth victims of sex trafficking AND LABOR TRAFFICKIN G in every jurisdiction in the 22 State by January 1, 2022; and 23 (2) to provide services in one jurisdiction or in more than one similar 24 jurisdiction in the same region. 25 (e) Services coordinated and provided by a grantee under this section shall 26 include: 27 (1) safety planning; 28 (2) emergency response; 29 SENATE BILL 550 11 (3) basic living needs, [not] including housing; 1 (4) trauma counseling and mental health services; 2 (5) drug and alcohol abuse treatment; 3 (6) legal services; 4 (7) victim advocacy; 5 (8) case management; and 6 (9) designation of regional navigators. 7 (g) (1) Every 2 years, beginning December 1, 2019, the Executive Director 8 shall submit an independent evaluation report with qualitative and quantitative data to 9 the Governor and, in accordance with § 2–1257 of the State Government Article, the 10 General Assembly regarding whether services coordinated and provided by grantees under 11 this section are available, adequate, and successfully serving children and youth who are 12 victims of sex trafficking AND LABOR TRAFFICKIN G. 13 (2) Beginning December 1, 2019, the Department of Human Services shall 14 annually report to the Governor and, in accordance with § 2–1257 of the State Government 15 Article, the General Assembly on: 16 (i) the number of reports of child sex trafficking AND LABOR 17 TRAFFICKING made in the State in the preceding year; 18 (ii) the outcome or disposition of reports of child sex trafficking AND 19 LABOR TRAFFICKING made in the State in the preceding year; and 20 (iii) the number of referrals made to regional navigators under this 21 section in the preceding year. 22 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 October 1, 2024. 24