WES MOORE, Governor Ch. 348
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Chapter 348
(Senate Bill 550)
AN ACT concerning
Children – Labor Trafficking
FOR the purpose of adding labor trafficking by a child’s parent or guardian to the list of
conditions under which a local department of social services is authorized to ask the
juvenile court in a child in need of assistance proceeding to find that reasonable
efforts to reunify a child with the child’s parent or guardian are not required altering
the definition of “abuse” to include labor trafficking of a child by any individual for
purposes of provisions of law governing children in need of assistance cases and child
abuse and neglect reporting; expanding provisions of law relating to the Safe Harbor
Regional Navigator Grant Program to apply to child victims of labor trafficking; and
generally relating to labor trafficking of children.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–801 and 3–812
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Family Law
Section 5–701(a) and 5–704.4(c)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Family Law
Section 5–701(m) 5–701(b) and (m), 5–704.3, and 5–704.4(b), (d), (e), and (g)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY adding to
Article – Family Law
Section 5–701(m)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
Ch. 348 2024 LAWS OF MARYLAND
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3–801.
(a) In this subtitle the following words have the meanings indicated.
(b) “Abuse” means:
(1) Sexual abuse of a child, whether a physical injury is sustained or not;
or
(2) Physical or mental injury of a child under circumstances that indicate
that the child’s health or welfare is harmed or is at substantial risk of being harmed by:
(i) A parent or other individual who has permanent or temporary
care or custody or responsibility for supervision of the child; or
(ii) A household or family member; OR
(3) LABOR TRAFFICKING OF A CHILD BY AN ANY INDIVIDUAL.
(c) “Adjudicatory hearing” means a hearing under this subtitle to determine
whether the allegations in the petition, other than the allegation that the child requires the
court’s intervention, are true.
(d) “Adult” means an individual who is at least 18 years old.
(e) “Child” means an individual under the age of 18 years.
(f) “Child in need of assistance” means a child who requires court intervention
because:
(1) The child has been abused, has been neglected, has a developmental
disability, or has a mental disorder; and
(2) The child’s parents, guardian, or custodian are unable or unwilling to
give proper care and attention to the child and the child’s needs.
(g) “CINA” means a child in need of assistance.
(h) “Commit” means to transfer custody.
(i) “Court” means the circuit court for a county sitting as the juvenile court.
(j) “Custodian” means a person or governmental agency to whom custody of a
child has been given by order of court, including a court other than the juvenile court.
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(k) “Custody” means the right and obligation, unless otherwise determined by the
court, to provide ordinary care for a child and determine placement.
(l) “Developmental disability” means a severe chronic disability of an individual
that:
(1) Is attributable to a physical or mental impairment, other than the sole
diagnosis of mental illness, or to a combination of mental and physical impairments;
(2) Is likely to continue indefinitely;
(3) Results in an inability to live independently without external support
or continuing and regular assistance; and
(4) Reflects the need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services that are individually planned
and coordinated for the individual.
(m) “Disposition hearing” means a hearing under this subtitle to determine:
(1) Whether a child is in need of assistance; and
(2) If so, the nature of the court’s intervention to protect the child’s health,
safety, and well–being.
(n) “Guardian” means a person to whom guardianship of a child has been given
by order of court, including a court other than the juvenile court.
(o) “Guardianship” means an award by a court, including a court other than the
juvenile court, of the authority to make ordinary and emergency decisions as to the child’s
care, welfare, education, physical and mental health, and the right to pursue support.
(p) “LABOR TRAFFICKING ” MEANS KNOWINGLY :
(1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR
ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR
LABOR; OR
(2) RECEIVING A BENEFIT O R THING OF VALUE FRO M THE PROVISION
OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR
COERCION.
(Q) “Local department” means:
(1) The local department of social services for the county in which the court
is located; or Ch. 348 2024 LAWS OF MARYLAND
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(2) In Montgomery County, the county department of health and human
services.
[(q)] (R) (1) “Mental disorder” means a behavioral or emotional illness that
results from a psychiatric or neurological disorder.
(2) “Mental disorder” includes a mental illness that so substantially
impairs the mental or emotional functioning of an individual as to make care or treatment
necessary or advisable for the welfare of the individual or for the safety of the person or
property of another.
(3) “Mental disorder” does not include mental retardation.
[(r)] (S) “Mental injury” means the observable, identifiable, and substantial
impairment of a child’s mental or psychological ability to function.
[(s)] (T) (1) “Neglect” means the leaving of a child unattended or other failure
to give proper care and attention to a child by any parent or individual who has permanent
or temporary care or custody or responsibility for supervision of the child under
circumstances that indicate:
(i) That the child’s health or welfare is harmed or placed at
substantial risk of harm; or
(ii) That the child has suffered mental injury or been placed at
substantial risk of mental injury.
(2) “Neglect” does not include the use of cannabis by any parent or
individual who has permanent or temporary care or custody or responsibility for
supervision of the child unless, as a result of the use of cannabis:
(i) The child’s health or welfare is harmed or placed at substantial
risk of harm; or
(ii) The child has suffered mental injury or been placed at
substantial risk of mental injury.
[(t)] (U) “Parent” means a natural or adoptive parent whose parental rights
have not been terminated.
[(u)] (V) (1) “Party” means:
(i) A child who is the subject of a petition;
(ii) The child’s parent, guardian, or custodian; WES MOORE, Governor Ch. 348
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(iii) The petitioner; or
(iv) An adult who is charged under § 3–828 of this subtitle.
(2) “Party” does not include a foster parent.
[(v)] (W) “Qualified residential treatment program” means a program within a
licensed child care institution that provides continuous, 24–hour care and supportive
services to children in a residential, nonfamily home setting that:
(1) Has a trauma–informed treatment model that is designed to address
the clinical and other needs of children with serious emotional or behavioral disorders or
disturbances;
(2) Is able to implement the specific treatment recommended in an
assessment completed by a qualified individual;
(3) Has registered or licensed nursing staff and other licensed clinical staff
who are:
(i) On site according to the treatment model and during business
hours; and
(ii) Available 24 hours a day, 7 days a week;
(4) Appropriately facilitates outreach to family members and integrates
the family members into the treatment of the children;
(5) Is able to provide discharge planning that provides family–based
aftercare support for at least 6 months following discharge;
(6) Is licensed in accordance with § 471(a)(10) of the Social Security Act;
and
(7) Is accredited by an approved independent nonprofit organization.
[(w)] (X) “Reasonable efforts” means efforts that are reasonably likely to achieve
the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle.
[(x)] (Y) “Relative” means an individual who is:
(1) Related to the child by blood or marriage within five degrees of
consanguinity or affinity under the civil law; and
(2) (i) At least 21 years old; or Ch. 348 2024 LAWS OF MARYLAND
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(ii) 1. At least 18 years old; and
2. Lives with a spouse who is at least 21 years old.
[(y)] (Z) “Sex trafficking” means the recruitment, harboring, transportation,
provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex
act.
[(z)] (AA) “Sexual abuse” means an act that involves:
(1) Sexual molestation or exploitation of a child by:
(i) A parent or other individual who has permanent or temporary
care or custody or responsibility for supervision of the child; or
(ii) A household or family member; or
(2) Sex trafficking of a child by any individual.
[(aa)] (BB) “Sexual molestation or exploitation” includes:
(1) Allowing or encouraging a child to engage in:
(i) Obscene photography, films, poses, or similar activity;
(ii) Pornographic photography, films, poses, or similar activity; or
(iii) Prostitution;
(2) Incest;
(3) Rape;
(4) Sexual offense in any degree; and
(5) Any other sexual conduct that is a crime.
[(bb)] (CC) “Shelter care” means a temporary placement of a child outside of the
home at any time before disposition.
[(cc)] (DD) “Shelter care hearing” means a hearing held before disposition to
determine whether the temporary placement of the child outside of the home is warranted.
[(dd)] (EE) “TPR proceeding” means a proceeding to terminate parental rights.
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[(ee)] (FF) “Voluntary placement” means a placement in accordance with §
5–525(b)(1)(i) or (iii) or (3) of the Family Law Article.
[(ff)] (GG) “Voluntary placement hearing” means a hearing to obtain a judicial
determination as to whether continuing a voluntary placement is in the best interests of
the child.
3–812.
(a) (1) In this section the following words have the meanings indicated, unless
the context of their use indicates otherwise.
(2) “Abandon” means to leave a child without any provision for support and
without any person who has accepted long–term responsibility to maintain care and have
custody and control of the child when:
(i) The whereabouts of the parent or guardian are unknown; and
(ii) The local department has made reasonable efforts to locate the
parent or guardian over a period of at least 6 months and has been unsuccessful.
(3) “Crime of violence”:
(i) Has the meaning stated in § 14–101 of the Criminal Law Article;
or
(ii) As to a crime committed in another state, means a crime that, if
committed in this State, would be a crime of violence as defined in § 14–101 of the Criminal
Law Article.
(4) “Torture” means to cause intense pain to body or mind for purposes of
punishment or extraction of information or for sadistic purposes.
(b) In a petition under this subtitle, a local department may ask the court to find
that reasonable efforts to reunify a child with the child’s parent or guardian are not
required if the local department concludes that a parent or guardian:
(1) Has subjected the child to any of the following aggravated
circumstances:
(i) The parent or guardian has engaged in or facilitated:
1. Chronic or severe physical abuse of the child, a sibling of
the child, or another child in the household;
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2. Chronic and life–threatening neglect of the child, a sibling
of the child, or another child in the household;
3. Sexual abuse OR LABOR TRAFFICKING of the child, a
sibling of the child, or another child in the household; or
4. Torture of the child, a sibling of the child, or another child
in the household;
(ii) The parent or guardian knowingly failed to take appropriate
steps to protect the child after a person in the household [inflicted]:
1. INFLICTED sexual abuse, severe physical abuse,
life–threatening neglect, or torture on the child or another child in the household; OR
2. ENGAGED IN OR FACILIT ATED LABOR TRAFFICKI NG
OF THE CHILD;
(iii) The child, a sibling of the child, or another child in the household
has suffered severe physical abuse or death resulting from abuse by the parent or guardian
or another adult in the household and all persons who could have inflicted the abuse or
caused the death remain in the household; or
(iv) The parent or guardian has abandoned the child;
(2) Has been convicted, in any state or any court of the United States, of:
(i) A crime of violence against:
1. A minor offspring of the parent or guardian;
2. The child; or
3. Another parent or guardian of the child; or
(ii) Aiding or abetting, conspiring, or soliciting to commit a crime
described in item (i) of this item; or
(3) Has involuntarily lost parental rights of a sibling of the child.
(c) If the local department determines after the initial petition is filed that any of
the circumstances specified in subsection (b) of this section exists, the local department
may immediately request the court to find that reasonable efforts to reunify the child with
the child’s parent or guardian are not required.
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(d) If the court finds by clear and convincing evidence that any of the
circumstances specified in subsection (b) of this section exists, the court shall waive the
requirement that reasonable efforts be made to reunify the child with the child’s parent or
guardian.
(e) If the court finds that reasonable efforts are not required, the local department
shall:
(1) Request that a permanency planning hearing be held in accordance
with § 3–823 of this subtitle within 30 days after the court makes the finding; and
(2) Make reasonable efforts to place the child in a timely manner in
accordance with the permanency plan and complete the steps necessary to finalize the
permanent placement of the child.
(f) If a parent consents to guardianship or adoption in accordance with § 5–320
or § 5–338 of the Family Law Article, loss of parental rights shall be considered voluntary.
Article – Family Law
5–701.
(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the
following words have the meanings indicated.
(b) (1) “Abuse” means:
(i) the physical or mental injury of a child under circumstances that
indicate that the child’s health or welfare is harmed or at substantial risk of being harmed
by:
1. a parent;
2. a household member or family member;
3. a person who has permanent or temporary care or custody
of the child;
4. a person who has responsibility for supervision of the
child; or
5. a person who, because of the person’s position or
occupation, exercises authority over the child; [or]
(ii) sexual abuse of a child, whether physical injuries are sustained
or not; OR Ch. 348 2024 LAWS OF MARYLAND
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(III) LABOR TRAFFICKING OF A CHILD BY AN ANY INDIVIDUAL.
(2) “Abuse” does not include the physical injury of a child by accidental
means.
[(m)] (L) “Indicated” means a finding that there is credible evidence, which has
not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.
(M) “LABOR TRAFFICKING ” MEANS KNOWINGLY :
(1) TAKING, PLACING, HARBORING , PERSUADING , INDUCING, OR
ENTICING A CHILD BY FORCE, FRAUD, OR COERCION TO PROVI DE SERVICES OR
LABOR; OR
(2) RECEIVING A BENEFIT OR THING OF VALUE FR OM THE PROVISION
OF SERVICES OR LABOR BY A CHILD THAT WAS INDUCED BY FORCE , FRAUD, OR
COERCION.
5–704.3.
A local department that receives a report of suspected abuse or neglect under this
subtitle involving a child who is a suspected victim of sex trafficking OR LABOR
TRAFFICKING shall refer the child to any appropriate regional navigator, as defined in §
5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the
child is a resident for services.
5–704.4.
(b) (1) There is a Safe Harbor Regional Navigator Grant Program.
(2) The purpose of the program is to support services for youth victims of
sex trafficking AND LABOR TR AFFICKING by:
(i) creating and sustaining projects to provide services for youth
victims of sex trafficking that are victim–centered and trauma–informed;
(ii) facilitating and coordinating among local departments, the
Department of Juvenile Services, sexual assault crisis programs, child advocacy programs,
local offices of the Office of the Public Defender, and other state and local agencies
responding to youth victims of sex trafficking AND LABOR TRAFFICKIN G;
(iii) ensuring that youth victims of sex trafficking AND LABOR
TRAFFICKING have access to services described under subsection (e) of this section;
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(iv) increasing the State’s capacity to respond to youth sex trafficking
AND LABOR TRAFFICKIN G; and
(v) training providers to appropriately identify and serve youth
victims of sex trafficking AND LABOR TRAFFICKIN G.
(c) A grantee under the program may include:
(1) a child advocacy center;
(2) a sexual assault crisis program; or
(3) a qualified community–based victim services provider.
(d) Grants under this section shall be awarded:
(1) to ensure that emergency and long–term services are available for
youth victims of sex trafficking AND LABOR TRAFFICKIN G in every jurisdiction in the
State by January 1, 2022; and
(2) to provide services in one jurisdiction or in more than one similar
jurisdiction in the same region.
(e) Services coordinated and provided by a grantee under this section shall
include:
(1) safety planning;
(2) emergency response;
(3) basic living needs, [not] including housing;
(4) trauma counseling and mental health services;
(5) drug and alcohol abuse treatment;
(6) legal services;
(7) victim advocacy;
(8) case management; and
(9) designation of regional navigators.
(g) (1) Every 2 years, beginning December 1, 2019, the Executive Director
shall submit an independent evaluation report with qualitative and quantitative data to Ch. 348 2024 LAWS OF MARYLAND
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the Governor and, in accordance with § 2–1257 of the State Government Article, the
General Assembly regarding whether services coordinated and provided by grantees under
this section are available, adequate, and successfully serving children and youth who are
victims of sex trafficking AND LABOR TRAFFICKIN G.
(2) Beginning December 1, 2019, the Department of Human Services shall
annually report to the Governor and, in accordance with § 2–1257 of the State Government
Article, the General Assembly on:
(i) the number of reports of child sex trafficking AND LABOR
TRAFFICKING made in the State in the preceding year;
(ii) the outcome or disposition of reports of child sex trafficking AND
LABOR TRAFFICKING made in the State in the preceding year; and
(iii) the number of referrals made to regional navigators under this
section in the preceding year.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, April 25, 2024.