EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0708*
SENATE BILL 708
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By: Chair, Judicial Proceedings Committee (By Request – Departmental)
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Family Law – Kinship Care 2
FOR the purpose of altering provisions of law relating to the kinship care program in the 3
Department of Human Services and certain procedures for the placement of children 4
in need of out–of–home placement; and generally relating to kinship care. 5
BY repealing and reenacting, without amendments, 6
Article – Family Law 7
Section 1–101(h) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2023 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Family Law 12
Section 5–534 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Family Law 18
1–101. 19
(h) “Local department” means: 20
(1) a local department of social services; or 21
(2) in Montgomery County, the county department of health and human 22
services. 23 2 SENATE BILL 708
5–534. 1
(a) (1) In this section [the following words have the meanings indicated. 2
(2) “Kinship], “KINSHIP caregiver” means an individual: 3
(i) with whom a child who is in the care, custody, or guardianship of 4
the local department may be placed for temporary or long–term care other than adoption; 5
and 6
(ii) who is approved by the local department under subsection (e) of 7
this section. 8
(2) “KINSHIP CAREGIVER ” INCLUDES: 9
(I) A KINSHIP PARENT ; 10
(II) AN INDIVIDUAL WHO IS RELATED TO THE CHILD THROUGH 11
BLOOD OR MARRIAGE , ADOPTION, TRIBAL LAW OR CUSTOM , OR CULTURAL CUSTOM 12
OR PRACTICE; AND 13
(III) AN INDIVIDUAL WHO IS UNRELATED TO THE CHI LD BUT HAS 14
A STRONG FAMILIAL OR OTHER SIGNIFICANT BO ND WITH THE CHILD , OR IS A 15
PERSON IDENTIFIED BY THE CHILD’S PARENT. 16
[(3) “Kinship parent” means an individual who is related by blood or 17
marriage within five degrees of consanguinity or affinity under the civil law rule to a child 18
who is in the care, custody, or guardianship of the local department and with whom the 19
child may be placed for temporary or long–term care other than adoption.] 20
(b) The [Administration] SECRETARY OF HUMAN SERVICES shall establish 21
AND MAINTAIN a kinship care program. 22
(c) (1) In selecting a placement that is in the best interests of a child in need 23
of out–of–home placement, [the local department shall, as a first priority, attempt to place 24
the child with a kinship parent] IN THE ABSENCE OF GO OD CAUSE TO THE CONTRARY, 25
THE LOCAL DEPARTMENT SHALL GIVE PREFERENC E TO PLACEMENT WITH A 26
KINSHIP CAREGIVER . 27
(2) The local department shall exhaust all reasonable resources to MAKE 28
PROACTIVE, THOROUGH , AND TIMELY EFFORTS T O locate a kinship [parent] 29
CAREGIVER for initial placement of the child. 30
SENATE BILL 708 3
(3) If [no kinship parent is located] THE LOCAL DEPARTMENT CANNOT 1
LOCATE A KINSHIP CAR EGIVER at the time of the initial placement, THEN PREFERENCE 2
SHALL BE GIVEN TO A PLACEMENT THAT MOST APPROXIMATES A FAMIL Y IN WHICH 3
THE CHILD’S SPECIAL NEEDS , IF ANY, MAY BE MET, TAKING INTO ACCOUNT THE 4
FOLLOWING : 5
(i) [except as provided in item (ii) of this paragraph, the child shall 6
be placed in a foster care setting; or] THE PROXIMITY OF THE PLACEMENT TO THE 7
CHILD’S HOME, EXTENDED FAMILY , OR SIBLINGS; 8
(ii) [as an alternative to foster care, the local department may place 9
the child for initial placement with a kinship caregiver] THE CHILD’S CULTURE OR 10
LANGUAGE CONTINUITY ; 11
(III) THE CHILD’S AGE; AND 12
(IV) THE CHILD’S DEVELOPMENTAL AND EDUCATIONAL NEEDS . 13
(4) If [a kinship parent or] a kinship caregiver is located subsequent to the 14
placement of a child in a foster care setting, the local department [may] SHALL, [if it is] in 15
the best interest of the child, place the child with the [kinship parent or] kinship caregiver. 16
(d) [(1)] A kinship [parent] CAREGIVER may not be under the age of 18 years. 17
[(2) A kinship caregiver may not be under the age of 21 years.] 18
(e) (1) The local department [may] SHALL approve an individual as a kinship 19
caregiver [only] if: 20
(i) the individual is related to the child [by] THROUGH blood or 21
marriage [beyond five degrees of consanguinity or affinity under the civil law or rule or is 22
a close family friend of the child or the child’s family], ADOPTION, TRIBAL LAW OR 23
CUSTOM, OR CULTURAL CUSTOM O R PRACTICE; 24
(ii) the individual has a strong familial or other significant bond to 25
the child or the child’s family OR IS A PERSON IDENT IFIED BY THE CHILD ’S PARENT; 26
AND 27
[(iii) the individual has maintained regular contact with the child or 28
the child’s family sufficient to demonstrate strong familiarity with the child’s activities and 29
daily needs; and 30
(iv)] (III) placement with the individual is in the child’s best 31
interest. 32 4 SENATE BILL 708
(2) A prospective kinship caregiver shall [submit] PROVIDE to the local 1
department [an affidavit that includes specific facts] ANY INFORMATION THE LOCAL 2
DEPARTMENT REQUESTS to enable the local department to determine whether the 3
individual meets the criteria specified in paragraph (1) of this subsection. 4
(f) The Administration shall adopt regulations [to implement this section that 5
are consistent with the provisions of this section] AND POLICIES CONSIST ENT WITH THIS 6
SECTION. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2024. 9