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