MD
Maryland Senate Bill SB550

Maryland 2024 Regular Session

Maryland Senate Bill SB550 Compare Versions

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1- WES MOORE, Governor Ch. 348
21
3-– 1 –
4-Chapter 348
5-(Senate Bill 550)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0550*
810
9-Children – Labor Trafficking
11+SENATE BILL 550
12+D4 (4lr2245)
13+ENROLLED BILL
14+— Judicial Proceedings/Judiciary —
15+Introduced by Senator Sydnor
1016
11-FOR the purpose of adding labor trafficking by a child’s parent or guardian to the list of
12-conditions under which a local department of social services is authorized to ask the
13-juvenile court in a child in need of assistance proceeding to find that reasonable
14-efforts to reunify a child with the child’s parent or guardian are not required altering
15-the definition of “abuse” to include labor trafficking of a child by any individual for
16-purposes of provisions of law governing children in need of assistance cases and child
17-abuse and neglect reporting; expanding provisions of law relating to the Safe Harbor
18-Regional Navigator Grant Program to apply to child victims of labor trafficking; and
19-generally relating to labor trafficking of children.
17+Read and Examined by Proofreaders:
2018
21-BY repealing and reenacting, with amendments,
22- Article – Courts and Judicial Proceedings
23-Section 3–801 and 3–812
24- Annotated Code of Maryland
25- (2020 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2623
27-BY repealing and reenacting, without amendments,
28- Article – Family Law
29-Section 5–701(a) and 5–704.4(c)
30- Annotated Code of Maryland
31- (2019 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3225
33-BY repealing and reenacting, with amendments,
34- Article – Family Law
35-Section 5–701(m) 5–701(b) and (m), 5–704.3, and 5–704.4(b), (d), (e), and (g)
36- Annotated Code of Maryland
37- (2019 Replacement Volume and 2023 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3827
39-BY adding to
40- Article – Family Law
41- Section 5–701(m)
42- Annotated Code of Maryland
43- (2019 Replacement Volume and 2023 Supplement)
28+______________________________________________
29+President.
4430
45- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
46-That the Laws of Maryland read as follows:
31+CHAPTER ______
4732
48-Article – Courts and Judicial Proceedings
49- Ch. 348 2024 LAWS OF MARYLAND
33+AN ACT concerning 1
5034
51-– 2 –
52-3–801.
35+Children – Labor Trafficking 2
5336
54- (a) In this subtitle the following words have the meanings indicated.
37+FOR the purpose of adding labor trafficking by a child’s parent or guardian to the list of 3
38+conditions under which a local department of social services is authorized to ask the 4
39+juvenile court in a child in need of assistance proceeding to find that reasonable 5
40+efforts to reunify a child with the child’s parent or guardian are not required altering 6
41+the definition of “abuse” to include labor trafficking of a child by any individual for 7
42+purposes of provisions of law governing children in need of assistance cases and child 8
43+abuse and neglect reporting; expanding provisions of law relating to the Safe Harbor 9
44+Regional Navigator Grant Program to apply to child victims of labor trafficking; and 10
45+generally relating to labor trafficking of children. 11
5546
56- (b) “Abuse” means:
47+BY repealing and reenacting, with amendments, 12
48+ Article – Courts and Judicial Proceedings 13
49+Section 3–801 and 3–812 14 2 SENATE BILL 550
5750
58- (1) Sexual abuse of a child, whether a physical injury is sustained or not;
59-or
6051
61- (2) Physical or mental injury of a child under circumstances that indicate
62-that the child’s health or welfare is harmed or is at substantial risk of being harmed by:
52+ Annotated Code of Maryland 1
53+ (2020 Replacement Volume and 2023 Supplement) 2
6354
64- (i) A parent or other individual who has permanent or temporary
65-care or custody or responsibility for supervision of the child; or
55+BY repealing and reenacting, without amendments, 3
56+ Article – Family Law 4
57+Section 5–701(a) and 5–704.4(c) 5
58+ Annotated Code of Maryland 6
59+ (2019 Replacement Volume and 2023 Supplement) 7
6660
67- (ii) A household or family member; OR
61+BY repealing and reenacting, with amendments, 8
62+ Article – Family Law 9
63+Section 5–701(m) 5–701(b) and (m), 5–704.3, and 5–704.4(b), (d), (e), and (g) 10
64+ Annotated Code of Maryland 11
65+ (2019 Replacement Volume and 2023 Supplement) 12
6866
69- (3) LABOR TRAFFICKING OF A CHILD BY AN ANY INDIVIDUAL.
67+BY adding to 13
68+ Article – Family Law 14
69+ Section 5–701(m) 15
70+ Annotated Code of Maryland 16
71+ (2019 Replacement Volume and 2023 Supplement) 17
7072
71- (c) “Adjudicatory hearing” means a hearing under this subtitle to determine
72-whether the allegations in the petition, other than the allegation that the child requires the
73-court’s intervention, are true.
73+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
74+That the Laws of Maryland read as follows: 19
7475
75- (d) “Adult” means an individual who is at least 18 years old.
76+Article – Courts and Judicial Proceedings 20
7677
77- (e) “Child” means an individual under the age of 18 years.
78+3–801. 21
7879
79- (f) “Child in need of assistance” means a child who requires court intervention
80-because:
80+ (a) In this subtitle the following words have the meanings indicated. 22
8181
82- (1) The child has been abused, has been neglected, has a developmental
83-disability, or has a mental disorder; and
82+ (b) “Abuse” means: 23
8483
85- (2) The child’s parents, guardian, or custodian are unable or unwilling to
86-give proper care and attention to the child and the child’s needs.
84+ (1) Sexual abuse of a child, whether a physical injury is sustained or not; 24
85+or 25
8786
88- (g) “CINA” means a child in need of assistance.
87+ (2) Physical or mental injury of a child under circumstances that indicate 26
88+that the child’s health or welfare is harmed or is at substantial risk of being harmed by: 27
8989
90- (h) “Commit” means to transfer custody.
90+ (i) A parent or other individual who has permanent or temporary 28
91+care or custody or responsibility for supervision of the child; or 29
9192
92- (i) “Court” means the circuit court for a county sitting as the juvenile court.
93+ (ii) A household or family member; OR 30
9394
94- (j) “Custodian” means a person or governmental agency to whom custody of a
95-child has been given by order of court, including a court other than the juvenile court.
96- WES MOORE, Governor Ch. 348
95+ (3) LABOR TRAFFICKING OF A CHILD BY AN ANY INDIVIDUAL. 31
96+ SENATE BILL 550 3
9797
98-– 3 –
99- (k) “Custody” means the right and obligation, unless otherwise determined by the
100-court, to provide ordinary care for a child and determine placement.
10198
102- (l) “Developmental disability” means a severe chronic disability of an individual
103-that:
99+ (c) “Adjudicatory hearing” means a hearing under this subtitle to determine 1
100+whether the allegations in the petition, other than the allegation that the child requires the 2
101+court’s intervention, are true. 3
104102
105- (1) Is attributable to a physical or mental impairment, other than the sole
106-diagnosis of mental illness, or to a combination of mental and physical impairments;
103+ (d) “Adult” means an individual who is at least 18 years old. 4
107104
108- (2) Is likely to continue indefinitely;
105+ (e) “Child” means an individual under the age of 18 years. 5
109106
110- (3) Results in an inability to live independently without external support
111-or continuing and regular assistance; and
107+ (f) “Child in need of assistance” means a child who requires court intervention 6
108+because: 7
112109
113- (4) Reflects the need for a combination and sequence of special,
114-interdisciplinary, or generic care, treatment, or other services that are individually planned
115-and coordinated for the individual.
110+ (1) The child has been abused, has been neglected, has a developmental 8
111+disability, or has a mental disorder; and 9
116112
117- (m) “Disposition hearing” means a hearing under this subtitle to determine:
113+ (2) The child’s parents, guardian, or custodian are unable or unwilling to 10
114+give proper care and attention to the child and the child’s needs. 11
118115
119- (1) Whether a child is in need of assistance; and
116+ (g) “CINA” means a child in need of assistance. 12
120117
121- (2) If so, the nature of the court’s intervention to protect the child’s health,
122-safety, and well–being.
118+ (h) “Commit” means to transfer custody. 13
123119
124- (n) “Guardian” means a person to whom guardianship of a child has been given
125-by order of court, including a court other than the juvenile court.
120+ (i) “Court” means the circuit court for a county sitting as the juvenile court. 14
126121
127- (o) “Guardianship” means an award by a court, including a court other than the
128-juvenile court, of the authority to make ordinary and emergency decisions as to the child’s
129-care, welfare, education, physical and mental health, and the right to pursue support.
122+ (j) “Custodian” means a person or governmental agency to whom custody of a 15
123+child has been given by order of court, including a court other than the juvenile court. 16
130124
131- (p) “LABOR TRAFFICKING ” MEANS KNOWINGLY :
125+ (k) “Custody” means the right and obligation, unless otherwise determined by the 17
126+court, to provide ordinary care for a child and determine placement. 18
132127
133- (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR
134-ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR
135-LABOR; OR
128+ (l) “Developmental disability” means a severe chronic disability of an individual 19
129+that: 20
136130
137- (2) RECEIVING A BENEFIT O R THING OF VALUE FRO M THE PROVISION
138-OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR
139-COERCION.
131+ (1) Is attributable to a physical or mental impairment, other than the sole 21
132+diagnosis of mental illness, or to a combination of mental and physical impairments; 22
140133
141- (Q) “Local department” means:
134+ (2) Is likely to continue indefinitely; 23
142135
143- (1) The local department of social services for the county in which the court
144-is located; or Ch. 348 2024 LAWS OF MARYLAND
136+ (3) Results in an inability to live independently without external support 24
137+or continuing and regular assistance; and 25
145138
146-– 4 –
139+ (4) Reflects the need for a combination and sequence of special, 26
140+interdisciplinary, or generic care, treatment, or other services that are individually planned 27
141+and coordinated for the individual. 28
147142
148- (2) In Montgomery County, the county department of health and human
149-services.
143+ (m) “Disposition hearing” means a hearing under this subtitle to determine: 29
150144
151- [(q)] (R) (1) “Mental disorder” means a behavioral or emotional illness that
152-results from a psychiatric or neurological disorder.
145+ (1) Whether a child is in need of assistance; and 30 4 SENATE BILL 550
153146
154- (2) “Mental disorder” includes a mental illness that so substantially
155-impairs the mental or emotional functioning of an individual as to make care or treatment
156-necessary or advisable for the welfare of the individual or for the safety of the person or
157-property of another.
158147
159- (3) “Mental disorder” does not include mental retardation.
160148
161- [(r)] (S) “Mental injury” means the observable, identifiable, and substantial
162-impairment of a child’s mental or psychological ability to function.
149+ (2) If so, the nature of the court’s intervention to protect the child’s health, 1
150+safety, and well–being. 2
163151
164- [(s)] (T) (1) “Neglect” means the leaving of a child unattended or other failure
165-to give proper care and attention to a child by any parent or individual who has permanent
166-or temporary care or custody or responsibility for supervision of the child under
167-circumstances that indicate:
152+ (n) “Guardian” means a person to whom guardianship of a child has been given 3
153+by order of court, including a court other than the juvenile court. 4
168154
169- (i) That the child’s health or welfare is harmed or placed at
170-substantial risk of harm; or
155+ (o) “Guardianship” means an award by a court, including a court other than the 5
156+juvenile court, of the authority to make ordinary and emergency decisions as to the child’s 6
157+care, welfare, education, physical and mental health, and the right to pursue support. 7
171158
172- (ii) That the child has suffered mental injury or been placed at
173-substantial risk of mental injury.
159+ (p) “LABOR TRAFFICKING ” MEANS KNOWING LY: 8
174160
175- (2) “Neglect” does not include the use of cannabis by any parent or
176-individual who has permanent or temporary care or custody or responsibility for
177-supervision of the child unless, as a result of the use of cannabis:
161+ (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR 9
162+ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR 10
163+LABOR; OR 11
178164
179- (i) The child’s health or welfare is harmed or placed at substantial
180-risk of harm; or
165+ (2) RECEIVING A BENEFIT O R THING OF VALUE FRO M THE PROVISION 12
166+OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE, FRAUD, OR 13
167+COERCION. 14
181168
182- (ii) The child has suffered mental injury or been placed at
183-substantial risk of mental injury.
169+ (Q) “Local department” means: 15
184170
185- [(t)] (U) “Parent” means a natural or adoptive parent whose parental rights
186-have not been terminated.
171+ (1) The local department of social services for the county in which the court 16
172+is located; or 17
187173
188- [(u)] (V) (1) “Party” means:
174+ (2) In Montgomery County, the county department of health and human 18
175+services. 19
189176
190- (i) A child who is the subject of a petition;
177+ [(q)] (R) (1) “Mental disorder” means a behavioral or emotional illness that 20
178+results from a psychiatric or neurological disorder. 21
191179
192- (ii) The child’s parent, guardian, or custodian; WES MOORE, Governor Ch. 348
180+ (2) “Mental disorder” includes a mental illness that so substantially 22
181+impairs the mental or emotional functioning of an individual as to make care or treatment 23
182+necessary or advisable for the welfare of the individual or for the safety of the person or 24
183+property of another. 25
193184
194-– 5 –
185+ (3) “Mental disorder” does not include mental retardation. 26
195186
196- (iii) The petitioner; or
187+ [(r)] (S) “Mental injury” means the observable, identifiable, and substantial 27
188+impairment of a child’s mental or psychological ability to function. 28
197189
198- (iv) An adult who is charged under § 3–828 of this subtitle.
190+ [(s)] (T) (1) “Neglect” means the leaving of a child unattended or other failure 29
191+to give proper care and attention to a child by any parent or individual who has permanent 30
192+or temporary care or custody or responsibility for supervision of the child under 31
193+circumstances that indicate: 32 SENATE BILL 550 5
199194
200- (2) “Party” does not include a foster parent.
201195
202- [(v)] (W) “Qualified residential treatment program” means a program within a
203-licensed child care institution that provides continuous, 24–hour care and supportive
204-services to children in a residential, nonfamily home setting that:
205196
206- (1) Has a trauma–informed treatment model that is designed to address
207-the clinical and other needs of children with serious emotional or behavioral disorders or
208-disturbances;
197+ (i) That the child’s health or welfare is harmed or placed at 1
198+substantial risk of harm; or 2
209199
210- (2) Is able to implement the specific treatment recommended in an
211-assessment completed by a qualified individual;
200+ (ii) That the child has suffered mental injury or been placed at 3
201+substantial risk of mental injury. 4
212202
213- (3) Has registered or licensed nursing staff and other licensed clinical staff
214-who are:
203+ (2) “Neglect” does not include the use of cannabis by any parent or 5
204+individual who has permanent or temporary care or custody or responsibility for 6
205+supervision of the child unless, as a result of the use of cannabis: 7
215206
216- (i) On site according to the treatment model and during business
217-hours; and
207+ (i) The child’s health or welfare is harmed or placed at substantial 8
208+risk of harm; or 9
218209
219- (ii) Available 24 hours a day, 7 days a week;
210+ (ii) The child has suffered mental injury or been placed at 10
211+substantial risk of mental injury. 11
220212
221- (4) Appropriately facilitates outreach to family members and integrates
222-the family members into the treatment of the children;
213+ [(t)] (U) “Parent” means a natural or adoptive parent whose parental rights 12
214+have not been terminated. 13
223215
224- (5) Is able to provide discharge planning that provides family–based
225-aftercare support for at least 6 months following discharge;
216+ [(u)] (V) (1) “Party” means: 14
226217
227- (6) Is licensed in accordance with § 471(a)(10) of the Social Security Act;
228-and
218+ (i) A child who is the subject of a petition; 15
229219
230- (7) Is accredited by an approved independent nonprofit organization.
220+ (ii) The child’s parent, guardian, or custodian; 16
231221
232- [(w)] (X) “Reasonable efforts” means efforts that are reasonably likely to achieve
233-the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle.
222+ (iii) The petitioner; or 17
234223
235- [(x)] (Y) “Relative” means an individual who is:
224+ (iv) An adult who is charged under § 3–828 of this subtitle. 18
236225
237- (1) Related to the child by blood or marriage within five degrees of
238-consanguinity or affinity under the civil law; and
226+ (2) “Party” does not include a foster parent. 19
239227
240- (2) (i) At least 21 years old; or Ch. 348 2024 LAWS OF MARYLAND
228+ [(v)] (W) “Qualified residential treatment program” means a program within a 20
229+licensed child care institution that provides continuous, 24–hour care and supportive 21
230+services to children in a residential, nonfamily home setting that: 22
241231
242-– 6 –
232+ (1) Has a trauma–informed treatment model that is designed to address 23
233+the clinical and other needs of children with serious emotional or behavioral disorders or 24
234+disturbances; 25
243235
244- (ii) 1. At least 18 years old; and
236+ (2) Is able to implement the specific treatment recommended in an 26
237+assessment completed by a qualified individual; 27
245238
246- 2. Lives with a spouse who is at least 21 years old.
239+ (3) Has registered or licensed nursing staff and other licensed clinical staff 28
240+who are: 29
241+ 6 SENATE BILL 550
247242
248- [(y)] (Z) “Sex trafficking” means the recruitment, harboring, transportation,
249-provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex
250-act.
251243
252- [(z)] (AA) “Sexual abuse” means an act that involves:
244+ (i) On site according to the treatment model and during business 1
245+hours; and 2
253246
254- (1) Sexual molestation or exploitation of a child by:
247+ (ii) Available 24 hours a day, 7 days a week; 3
255248
256- (i) A parent or other individual who has permanent or temporary
257-care or custody or responsibility for supervision of the child; or
249+ (4) Appropriately facilitates outreach to family members and integrates 4
250+the family members into the treatment of the children; 5
258251
259- (ii) A household or family member; or
252+ (5) Is able to provide discharge planning that provides family–based 6
253+aftercare support for at least 6 months following discharge; 7
260254
261- (2) Sex trafficking of a child by any individual.
255+ (6) Is licensed in accordance with § 471(a)(10) of the Social Security Act; 8
256+and 9
262257
263- [(aa)] (BB) “Sexual molestation or exploitation” includes:
258+ (7) Is accredited by an approved independent nonprofit organization. 10
264259
265- (1) Allowing or encouraging a child to engage in:
260+ [(w)] (X) “Reasonable efforts” means efforts that are reasonably likely to achieve 11
261+the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle. 12
266262
267- (i) Obscene photography, films, poses, or similar activity;
263+ [(x)] (Y) “Relative” means an individual who is: 13
268264
269- (ii) Pornographic photography, films, poses, or similar activity; or
265+ (1) Related to the child by blood or marriage within five degrees of 14
266+consanguinity or affinity under the civil law; and 15
270267
271- (iii) Prostitution;
268+ (2) (i) At least 21 years old; or 16
272269
273- (2) Incest;
270+ (ii) 1. At least 18 years old; and 17
274271
275- (3) Rape;
272+ 2. Lives with a spouse who is at least 21 years old. 18
276273
277- (4) Sexual offense in any degree; and
274+ [(y)] (Z) “Sex trafficking” means the recruitment, harboring, transportation, 19
275+provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex 20
276+act. 21
278277
279- (5) Any other sexual conduct that is a crime.
278+ [(z)] (AA) “Sexual abuse” means an act that involves: 22
280279
281- [(bb)] (CC) “Shelter care” means a temporary placement of a child outside of the
282-home at any time before disposition.
280+ (1) Sexual molestation or exploitation of a child by: 23
283281
284- [(cc)] (DD) “Shelter care hearing” means a hearing held before disposition to
285-determine whether the temporary placement of the child outside of the home is warranted.
282+ (i) A parent or other individual who has permanent or temporary 24
283+care or custody or responsibility for supervision of the child; or 25
286284
287- [(dd)] (EE) “TPR proceeding” means a proceeding to terminate parental rights.
288- WES MOORE, Governor Ch. 348
285+ (ii) A household or family member; or 26
289286
290-– 7 –
291- [(ee)] (FF) “Voluntary placement” means a placement in accordance with §
292-5–525(b)(1)(i) or (iii) or (3) of the Family Law Article.
287+ (2) Sex trafficking of a child by any individual. 27
293288
294- [(ff)] (GG) “Voluntary placement hearing” means a hearing to obtain a judicial
295-determination as to whether continuing a voluntary placement is in the best interests of
296-the child.
289+ [(aa)] (BB) “Sexual molestation or exploitation” includes: 28 SENATE BILL 550 7
297290
298-3–812.
299291
300- (a) (1) In this section the following words have the meanings indicated, unless
301-the context of their use indicates otherwise.
302292
303- (2) “Abandon” means to leave a child without any provision for support and
304-without any person who has accepted long–term responsibility to maintain care and have
305-custody and control of the child when:
293+ (1) Allowing or encouraging a child to engage in: 1
306294
307- (i) The whereabouts of the parent or guardian are unknown; and
295+ (i) Obscene photography, films, poses, or similar activity; 2
308296
309- (ii) The local department has made reasonable efforts to locate the
310-parent or guardian over a period of at least 6 months and has been unsuccessful.
297+ (ii) Pornographic photography, films, poses, or similar activity; or 3
311298
312- (3) “Crime of violence”:
299+ (iii) Prostitution; 4
313300
314- (i) Has the meaning stated in § 14–101 of the Criminal Law Article;
315-or
301+ (2) Incest; 5
316302
317- (ii) As to a crime committed in another state, means a crime that, if
318-committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal
319-Law Article.
303+ (3) Rape; 6
320304
321- (4) “Torture” means to cause intense pain to body or mind for purposes of
322-punishment or extraction of information or for sadistic purposes.
305+ (4) Sexual offense in any degree; and 7
323306
324- (b) In a petition under this subtitle, a local department may ask the court to find
325-that reasonable efforts to reunify a child with the child’s parent or guardian are not
326-required if the local department concludes that a parent or guardian:
307+ (5) Any other sexual conduct that is a crime. 8
327308
328- (1) Has subjected the child to any of the following aggravated
329-circumstances:
309+ [(bb)] (CC) “Shelter care” means a temporary placement of a child outside of the 9
310+home at any time before disposition. 10
330311
331- (i) The parent or guardian has engaged in or facilitated:
312+ [(cc)] (DD) “Shelter care hearing” means a hearing held before disposition to 11
313+determine whether the temporary placement of the child outside of the home is warranted. 12
332314
333- 1. Chronic or severe physical abuse of the child, a sibling of
334-the child, or another child in the household;
335- Ch. 348 2024 LAWS OF MARYLAND
315+ [(dd)] (EE) “TPR proceeding” means a proceeding to terminate parental rights. 13
336316
337-– 8 –
338- 2. Chronic and life–threatening neglect of the child, a sibling
339-of the child, or another child in the household;
317+ [(ee)] (FF) “Voluntary placement” means a placement in accordance with § 14
318+5–525(b)(1)(i) or (iii) or (3) of the Family Law Article. 15
340319
341- 3. Sexual abuse OR LABOR TRAFFICKING of the child, a
342-sibling of the child, or another child in the household; or
320+ [(ff)] (GG) “Voluntary placement hearing” means a hearing to obtain a judicial 16
321+determination as to whether continuing a voluntary placement is in the best interests of 17
322+the child. 18
343323
344- 4. Torture of the child, a sibling of the child, or another child
345-in the household;
324+3–812. 19
346325
347- (ii) The parent or guardian knowingly failed to take appropriate
348-steps to protect the child after a person in the household [inflicted]:
326+ (a) (1) In this section the following words have the meanings indicated, unless 20
327+the context of their use indicates otherwise. 21
349328
350- 1. INFLICTED sexual abuse, severe physical abuse,
351-life–threatening neglect, or torture on the child or another child in the household; OR
329+ (2) “Abandon” means to leave a child without any provision for support and 22
330+without any person who has accepted long–term responsibility to maintain care and have 23
331+custody and control of the child when: 24
352332
353- 2. ENGAGED IN OR FACILIT ATED LABOR TRAFFICKI NG
354-OF THE CHILD;
333+ (i) The whereabouts of the parent or guardian are unknown; and 25
355334
356- (iii) The child, a sibling of the child, or another child in the household
357-has suffered severe physical abuse or death resulting from abuse by the parent or guardian
358-or another adult in the household and all persons who could have inflicted the abuse or
359-caused the death remain in the household; or
335+ (ii) The local department has made reasonable efforts to locate the 26
336+parent or guardian over a period of at least 6 months and has been unsuccessful. 27
337+ 8 SENATE BILL 550
360338
361- (iv) The parent or guardian has abandoned the child;
362339
363- (2) Has been convicted, in any state or any court of the United States, of:
340+ (3) “Crime of violence”: 1
364341
365- (i) A crime of violence against:
342+ (i) Has the meaning stated in § 14–101 of the Criminal Law Article; 2
343+or 3
366344
367- 1. A minor offspring of the parent or guardian;
345+ (ii) As to a crime committed in another state, means a crime that, if 4
346+committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal 5
347+Law Article. 6
368348
369- 2. The child; or
349+ (4) “Torture” means to cause intense pain to body or mind for purposes of 7
350+punishment or extraction of information or for sadistic purposes. 8
370351
371- 3. Another parent or guardian of the child; or
352+ (b) In a petition under this subtitle, a local department may ask the court to find 9
353+that reasonable efforts to reunify a child with the child’s parent or guardian are not 10
354+required if the local department concludes that a parent or guardian: 11
372355
373- (ii) Aiding or abetting, conspiring, or soliciting to commit a crime
374-described in item (i) of this item; or
356+ (1) Has subjected the child to any of the following aggravated 12
357+circumstances: 13
375358
376- (3) Has involuntarily lost parental rights of a sibling of the child.
359+ (i) The parent or guardian has engaged in or facilitated: 14
377360
378- (c) If the local department determines after the initial petition is filed that any of
379-the circumstances specified in subsection (b) of this section exists, the local department
380-may immediately request the court to find that reasonable efforts to reunify the child with
381-the child’s parent or guardian are not required.
382- WES MOORE, Governor Ch. 348
361+ 1. Chronic or severe physical abuse of the child, a sibling of 15
362+the child, or another child in the household; 16
383363
384-– 9 –
385- (d) If the court finds by clear and convincing evidence that any of the
386-circumstances specified in subsection (b) of this section exists, the court shall waive the
387-requirement that reasonable efforts be made to reunify the child with the child’s parent or
388-guardian.
364+ 2. Chronic and life–threatening neglect of the child, a sibling 17
365+of the child, or another child in the household; 18
389366
390- (e) If the court finds that reasonable efforts are not required, the local department
391-shall:
367+ 3. Sexual abuse OR LABOR TRAFFICKING of the child, a 19
368+sibling of the child, or another child in the household; or 20
392369
393- (1) Request that a permanency planning hearing be held in accordance
394-with § 3–823 of this subtitle within 30 days after the court makes the finding; and
370+ 4. Torture of the child, a sibling of the child, or another child 21
371+in the household; 22
395372
396- (2) Make reasonable efforts to place the child in a timely manner in
397-accordance with the permanency plan and complete the steps necessary to finalize the
398-permanent placement of the child.
373+ (ii) The parent or guardian knowingly failed to take appropriate 23
374+steps to protect the child after a person in the household [inflicted]: 24
399375
400- (f) If a parent consents to guardianship or adoption in accordance with § 5–320
401-or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary.
376+ 1. INFLICTED sexual abuse, severe physical a buse, 25
377+life–threatening neglect, or torture on the child or another child in the household; OR 26
402378
403-Article – Family Law
379+ 2. ENGAGED IN OR FACILIT ATED LABOR TRAFFICKI NG 27
380+OF THE CHILD; 28
404381
405-5–701.
382+ (iii) The child, a sibling of the child, or another child in the household 29
383+has suffered severe physical abuse or death resulting from abuse by the parent or guardian 30
384+or another adult in the household and all persons who could have inflicted the abuse or 31
385+caused the death remain in the household; or 32 SENATE BILL 550 9
406386
407- (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the
408-following words have the meanings indicated.
409387
410- (b) (1) “Abuse” means:
411388
412- (i) the physical or mental injury of a child under circumstances that
413-indicate that the child’s health or welfare is harmed or at substantial risk of being harmed
414-by:
389+ (iv) The parent or guardian has abandoned the child; 1
415390
416- 1. a parent;
391+ (2) Has been convicted, in any state or any court of the United States, of: 2
417392
418- 2. a household member or family member;
393+ (i) A crime of violence against: 3
419394
420- 3. a person who has permanent or temporary care or custody
421-of the child;
395+ 1. A minor offspring of the parent or guardian; 4
422396
423- 4. a person who has responsibility for supervision of the
424-child; or
397+ 2. The child; or 5
425398
426- 5. a person who, because of the person’s position or
427-occupation, exercises authority over the child; [or]
399+ 3. Another parent or guardian of the child; or 6
428400
429- (ii) sexual abuse of a child, whether physical injuries are sustained
430-or not; OR Ch. 348 2024 LAWS OF MARYLAND
401+ (ii) Aiding or abetting, conspiring, or soliciting to commit a crime 7
402+described in item (i) of this item; or 8
431403
432-– 10 –
404+ (3) Has involuntarily lost parental rights of a sibling of the child. 9
433405
434- (III) LABOR TRAFFICKING OF A CHILD BY AN ANY INDIVIDUAL.
406+ (c) If the local department determines after the initial petition is filed that any of 10
407+the circumstances specified in subsection (b) of this section exists, the local department 11
408+may immediately request the court to find that reasonable efforts to reunify the child with 12
409+the child’s parent or guardian are not required. 13
435410
436- (2) “Abuse” does not include the physical injury of a child by accidental
437-means.
411+ (d) If the court finds by clear and convincing evidence that any of the 14
412+circumstances specified in subsection (b) of this section exists, the court shall waive the 15
413+requirement that reasonable efforts be made to reunify the child with the child’s parent or 16
414+guardian. 17
438415
439- [(m)] (L) “Indicated” means a finding that there is credible evidence, which has
440-not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.
416+ (e) If the court finds that reasonable efforts are not required, the local department 18
417+shall: 19
441418
442- (M) “LABOR TRAFFICKING ” MEANS KNOWINGLY :
419+ (1) Request that a permanency planning hearing be held in accordance 20
420+with § 3–823 of this subtitle within 30 days after the court makes the finding; and 21
443421
444- (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR
445-ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR
446-LABOR; OR
422+ (2) Make reasonable efforts to place the child in a timely manner in 22
423+accordance with the permanency plan and complete the steps necessary to finalize the 23
424+permanent placement of the child. 24
447425
448- (2) RECEIVING A BENEFIT OR THING OF VALUE FR OM THE PROVISION
449-OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR
450-COERCION.
426+ (f) If a parent consents to guardianship or adoption in accordance with § 5–320 25
427+or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary. 26
451428
452-5–704.3.
429+Article – Family Law 27
453430
454- A local department that receives a report of suspected abuse or neglect under this
455-subtitle involving a child who is a suspected victim of sex trafficking OR LABOR
456-TRAFFICKING shall refer the child to any appropriate regional navigator, as defined in §
457-5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the
458-child is a resident for services.
431+5–701. 28
459432
460-5–704.4.
433+ (a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 29
434+following words have the meanings indicated. 30 10 SENATE BILL 550
461435
462- (b) (1) There is a Safe Harbor Regional Navigator Grant Program.
463436
464- (2) The purpose of the program is to support services for youth victims of
465-sex trafficking AND LABOR TR AFFICKING by:
466437
467- (i) creating and sustaining projects to provide services for youth
468-victims of sex trafficking that are victim–centered and trauma–informed;
438+ (b) (1) “Abuse” means: 1
469439
470- (ii) facilitating and coordinating among local departments, the
471-Department of Juvenile Services, sexual assault crisis programs, child advocacy programs,
472-local offices of the Office of the Public Defender, and other state and local agencies
473-responding to youth victims of sex trafficking AND LABOR TRAFFICKIN G;
440+ (i) the physical or mental injury of a child under circumstances that 2
441+indicate that the child’s health or welfare is harmed or at substantial risk of being harmed 3
442+by: 4
474443
475- (iii) ensuring that youth victims of sex trafficking AND LABOR
476-TRAFFICKING have access to services described under subsection (e) of this section;
477- WES MOORE, Governor Ch. 348
444+ 1. a parent; 5
478445
479-– 11 –
480- (iv) increasing the State’s capacity to respond to youth sex trafficking
481-AND LABOR TRAFFICKIN G; and
446+ 2. a household member or family member; 6
482447
483- (v) training providers to appropriately identify and serve youth
484-victims of sex trafficking AND LABOR TRAFFICKIN G.
448+ 3. a person who has permanent or temporary care or custody 7
449+of the child; 8
485450
486- (c) A grantee under the program may include:
451+ 4. a person who has responsibility for supervision of the 9
452+child; or 10
487453
488- (1) a child advocacy center;
454+ 5. a person who, because of the person’s position or 11
455+occupation, exercises authority over the child; [or] 12
489456
490- (2) a sexual assault crisis program; or
457+ (ii) sexual abuse of a child, whether physical injuries are sustained 13
458+or not; OR 14
491459
492- (3) a qualified community–based victim services provider.
460+ (III) LABOR TRAFFICKING OF A CHILD BY AN ANY INDIVIDUAL. 15
493461
494- (d) Grants under this section shall be awarded:
462+ (2) “Abuse” does not include the physical injury of a child by accidental 16
463+means. 17
495464
496- (1) to ensure that emergency and long–term services are available for
497-youth victims of sex trafficking AND LABOR TRAFFICKIN G in every jurisdiction in the
498-State by January 1, 2022; and
465+ [(m)] (L) “Indicated” means a finding that there is credible evidence, which has 18
466+not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur. 19
499467
500- (2) to provide services in one jurisdiction or in more than one similar
501-jurisdiction in the same region.
468+ (M) “LABOR TRAFFICKING ” MEANS KNOWINGLY : 20
502469
503- (e) Services coordinated and provided by a grantee under this section shall
504-include:
470+ (1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR 21
471+ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR 22
472+LABOR; OR 23
505473
506- (1) safety planning;
474+ (2) RECEIVING A BENEFIT OR THING OF VALUE FR OM THE PROVISION 24
475+OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR 25
476+COERCION. 26
507477
508- (2) emergency response;
478+5–704.3. 27
509479
510- (3) basic living needs, [not] including housing;
480+ A local department that receives a report of suspected abuse or neglect under this 28
481+subtitle involving a child who is a suspected victim of sex trafficking OR LABOR 29
482+TRAFFICKING shall refer the child to any appropriate regional navigator, as defined in § 30 SENATE BILL 550 11
511483
512- (4) trauma counseling and mental health services;
513484
514- (5) drug and alcohol abuse treatment;
485+5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the 1
486+child is a resident for services. 2
515487
516- (6) legal services;
488+5–704.4. 3
517489
518- (7) victim advocacy;
490+ (b) (1) There is a Safe Harbor Regional Navigator Grant Program. 4
519491
520- (8) case management; and
492+ (2) The purpose of the program is to support services for youth victims of 5
493+sex trafficking AND LABOR TRAFFICKIN G by: 6
521494
522- (9) designation of regional navigators.
495+ (i) creating and sustaining projects to provide services for youth 7
496+victims of sex trafficking that are victim–centered and trauma–informed; 8
523497
524- (g) (1) Every 2 years, beginning December 1, 2019, the Executive Director
525-shall submit an independent evaluation report with qualitative and quantitative data to Ch. 348 2024 LAWS OF MARYLAND
498+ (ii) facilitating and coordinating among local departments, the 9
499+Department of Juvenile Services, sexual assault crisis programs, child advocacy programs, 10
500+local offices of the Office of the Public Defender, and other state and local agencies 11
501+responding to youth victims of sex trafficking AND LABOR TRA FFICKING; 12
526502
527-– 12 –
528-the Governor and, in accordance with § 2–1257 of the State Government Article, the
529-General Assembly regarding whether services coordinated and provided by grantees under
530-this section are available, adequate, and successfully serving children and youth who are
531-victims of sex trafficking AND LABOR TRAFFICKIN G.
503+ (iii) ensuring that youth victims of sex trafficking AND LABOR 13
504+TRAFFICKING have access to services described under subsection (e) of this section; 14
532505
533- (2) Beginning December 1, 2019, the Department of Human Services shall
534-annually report to the Governor and, in accordance with § 2–1257 of the State Government
535-Article, the General Assembly on:
506+ (iv) increasing the State’s capacity to respond to youth sex trafficking 15
507+AND LABOR TRAFFICK ING; and 16
536508
537- (i) the number of reports of child sex trafficking AND LABOR
538-TRAFFICKING made in the State in the preceding year;
509+ (v) training providers to appropriately identify and serve youth 17
510+victims of sex trafficking AND LABOR TRAFFICKIN G. 18
539511
540- (ii) the outcome or disposition of reports of child sex trafficking AND
541-LABOR TRAFFICKING made in the State in the preceding year; and
512+ (c) A grantee under the program may include: 19
542513
543- (iii) the number of referrals made to regional navigators under this
544-section in the preceding year.
514+ (1) a child advocacy center; 20
545515
546- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
547-October 1, 2024.
516+ (2) a sexual assault crisis program; or 21
548517
549-Approved by the Governor, April 25, 2024.
518+ (3) a qualified community–based victim services provider. 22
519+
520+ (d) Grants under this section shall be awarded: 23
521+
522+ (1) to ensure that emergency and long–term services are available for 24
523+youth victims of sex trafficking AND LABOR TRAFFICKIN G in every jurisdiction in the 25
524+State by January 1, 2022; and 26
525+
526+ (2) to provide services in one jurisdiction or in more than one similar 27
527+jurisdiction in the same region. 28
528+
529+ (e) Services coordinated and provided by a grantee under this section shall 29
530+include: 30 12 SENATE BILL 550
531+
532+
533+
534+ (1) safety planning; 1
535+
536+ (2) emergency response; 2
537+
538+ (3) basic living needs, [not] including housing; 3
539+
540+ (4) trauma counseling and mental health services; 4
541+
542+ (5) drug and alcohol abuse treatment; 5
543+
544+ (6) legal services; 6
545+
546+ (7) victim advocacy; 7
547+
548+ (8) case management; and 8
549+
550+ (9) designation of regional navigators. 9
551+
552+ (g) (1) Every 2 years, beginning December 1, 2019, the Executive Director 10
553+shall submit an independent evaluation report with qualitative and quantitative data to 11
554+the Governor and, in accordance with § 2–1257 of the State Government Article, the 12
555+General Assembly regarding whether services coordinated and provided by grantees under 13
556+this section are available, adequate, and successfully serving children and youth who are 14
557+victims of sex trafficking AND LABOR TRAFFICKIN G. 15
558+
559+ (2) Beginning December 1, 2019, the Department of Human Services shall 16
560+annually report to the Governor and, in accordance with § 2–1257 of the State Government 17
561+Article, the General Assembly on: 18
562+
563+ (i) the number of reports of child sex trafficking AND LABOR 19
564+TRAFFICKING made in the State in the preceding year; 20
565+
566+ (ii) the outcome or disposition of reports of child sex trafficking AND 21
567+LABOR TRAFFICKING made in the State in the preceding year; and 22
568+
569+ (iii) the number of referrals made to regional navigators under this 23
570+section in the preceding year. 24
571+
572+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
573+October 1, 2024. 26