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.
*sb0708*
SENATE BILL 708
D4 4lr2960
CF HB 1499
By: Chair, Judicial Proceedings Committee (By Request – Departmental)
Introduced and read first time: January 31, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2024
CHAPTER ______
AN ACT concerning 1
Family Law – Kinship Care 2
FOR the purpose of altering the definition of relative to mean an individual who is a kinship 3
caregiver for purposes of provisions of law relating to children in need of assistance; 4
altering provisions of law relating to the kinship care program in the Department of 5
Human Services and certain procedures for the placement of children in need of 6
out–of–home placement; and generally relating to kinship care. 7
BY repealing and reenacting, without amendments, 8
Article – Courts and Judicial Proceedings 9
Section 3–801(a) 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2023 Supplement) 12
BY repealing and reenacting, with amendments, 13
Article – Courts and Judicial Proceedings 14
Section 3–801(x) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Family Law 19
Section 1–101(h) 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2023 Supplement) 22 2 SENATE BILL 708
BY repealing and reenacting, with amendments, 1
Article – Family Law 2
Section 5–534 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Courts and Judicial Proceedings 8
3–801. 9
(a) In this subtitle, the following words have the meanings indicated. 10
(x) “Relative” means an individual who is A KINSHIP CAREGIVER , AS DEFINED 11
IN § 5–534 OF THE FAMILY LAW ARTICLE[: 12
(1) Related to the child by blood or marriage within five degrees of 13
consanguinity or affinity under the civil law; and 14
(2) (i) At least 21 years old; or 15
(ii) 1. At least 18 years old; and 16
2. Lives with a spouse who is at least 21 years old]. 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
5–534. 24
(a) (1) In this section [the following words have the meanings indicated. 25
(2) “Kinship], “KINSHIP caregiver” means an individual: 26
SENATE BILL 708 3
(i) with whom a child who is in the care, custody, or guardianship of 1
the local department may be placed for temporary or long–term care other than adoption; 2
and 3
(ii) who is approved by the local department under subsection (e) of 4
this section. 5
(2) “KINSHIP CAREGIVER ” INCLUDES: 6
(I) A KINSHIP PARENT ; 7
(II) AN INDIVIDUAL WHO IS RELATED TO THE CHILD THROUGH 8
BLOOD OR MARRIAGE , ADOPTION, TRIBAL LAW OR CUSTOM , OR CULTURAL CUSTOM 9
OR PRACTICE; AND 10
(III) AN INDIVIDUAL WHO IS UNRELATED TO THE CHI LD BUT HAS 11
A STRONG FAMILIAL OR OTHER SIGNIFICANT BOND WIT H THE CHILD , OR IS A 12
PERSON IDENTIFIED BY THE CHILD’S PARENT. 13
[(3) “Kinship parent” means an individual who is related by blood or 14
marriage within five degrees of consanguinity or affinity under the civil law rule to a child 15
who is in the care, custody, or guardianship of the local department and with whom the 16
child may be placed for temporary or long–term care other than adoption.] 17
(b) The [Administration] SECRETARY OF HUMAN SERVICES shall establish 18
AND MAINTAIN a kinship care program. 19
(c) (1) In selecting a placement that is in the best interests of a child in need 20
of out–of–home placement, [the local department shall, as a first priority, attempt to place 21
the child with a kinship parent] IN THE ABSENCE OF GO OD CAUSE TO THE CONT RARY, 22
THE LOCAL DEPARTMENT SHALL GIVE PREFERENC E TO PLACEMENT WITH A 23
KINSHIP CAREGIVER . 24
(2) The local department shall exhaust all reasonable resources to MAKE 25
PROACTIVE, THOROUGH , AND TIMELY EFFORTS T O locate a kinship [parent] 26
CAREGIVER for initial placement of the child. 27
(3) If [no kinship parent is located] THE LOCAL DEPARTMENT CANNOT 28
LOCATE A KINSHIP CAR EGIVER at the time of the initial placement, THEN PREFERENCE 29
SHALL BE GIVEN TO A PLACEMENT THAT MOST APPROXIMATES A FAMIL Y IN WHICH 30
THE CHILD’S SPECIAL NEEDS , IF ANY, MAY BE MET, TAKING INTO ACCOUNT THE 31
FOLLOWING : 32
4 SENATE BILL 708
(i) [except as provided in item (ii) of this paragraph, the child shall 1
be placed in a foster care setting; or] THE PROXIMITY OF THE PLACEMENT TO THE 2
CHILD’S HOME, EXTENDED FAMILY , OR SIBLINGS; 3
(ii) [as an alternative to foster care, the local department may place 4
the child for initial placement with a kinship caregiver] THE CHILD’S CULTURE OR 5
LANGUAGE CONTINUI TY; 6
(III) THE CHILD’S AGE; AND 7
(IV) THE CHILD’S DEVELOPMENTAL AND EDUCATIONAL NEEDS . 8
(4) If [a kinship parent or] a kinship caregiver is located subsequent to the 9
placement of a child in a foster care setting, the local department [may] SHALL, [if it is] in 10
the best interest of the child, place the child with the [kinship parent or] kinship caregiver. 11
(d) [(1)] A kinship [parent] CAREGIVER may not be under the age of 18 years. 12
[(2) A kinship caregiver may not be under the age of 21 years.] 13
(e) (1) The local department [may] SHALL approve an individual as a kinship 14
caregiver [only] if: 15
(i) the individual is related to the child [by] THROUGH blood or 16
marriage [beyond five degrees of consanguinity or affinity under the civil law or rule or is 17
a close family friend of the child or the child’s family], ADOPTION, TRIBAL LAW OR 18
CUSTOM, OR CULTURAL CUSTOM O R PRACTICE; 19
(ii) the individual has a strong familial or other significant bond to 20
the child or the child’s family OR IS A PERSON IDENT IFIED BY THE CHILD ’S PARENT; 21
AND 22
[(iii) the individual has maintained regular contact with the child or 23
the child’s family sufficient to demonstrate strong familiarity with the child’s activities and 24
daily needs; and 25
(iv)] (III) placement with the individual is in the child’s best 26
interest. 27
(2) A prospective kinship caregiver shall [submit] PROVIDE to the local 28
department [an affidavit that includes specific facts] ANY INFORMATION THE LOCAL 29
DEPARTMENT REQUESTS to enable the local department to determine whether the 30
individual meets the criteria specified in paragraph (1) of this subsection. 31
SENATE BILL 708 5
(f) The Administration shall adopt regulations [to implement this section that 1
are consistent with the provisions of this section] AND POLICIES CONSIST ENT WITH THIS 2
SECTION. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2024. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.