WES MOORE, Governor Ch. 429
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Chapter 429
(Senate Bill 708)
AN ACT concerning
Family Law – Kinship Care
FOR the purpose of altering the definition of relative to mean an individual who is a kinship
caregiver for purposes of provisions of law relating to children in need of assistance;
altering provisions of law relating to the kinship care program in the Department of
Human Services and certain procedures for the placement of children in need of
out–of–home placement; and generally relating to kinship care.
BY repealing and reenacting, without amendments,
Article – Courts and Judicial Proceedings
Section 3–801(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 3–801(x)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Family Law
Section 1–101(h)
Annotated Code of Maryland
(2019 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Family Law
Section 5–534
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
3–801.
(a) In this subtitle, the following words have the meanings indicated.
Ch. 429 2024 LAWS OF MARYLAND
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(x) “Relative” means an individual who is A KINSHIP CAREGIVER , AS DEFINED
IN § 5–534 OF THE FAMILY LAW ARTICLE[:
(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
(ii) 1. At least 18 years old; and
2. Lives with a spouse who is at least 21 years old].
Article – Family Law
1–101.
(h) “Local department” means:
(1) a local department of social services; or
(2) in Montgomery County, the county department of health and human
services.
5–534.
(a) (1) In this section [the following words have the meanings indicated.
(2) “Kinship], “KINSHIP caregiver” means an individual:
(i) with whom a child who is in the care, custody, or guardianship of
the local department may be placed for temporary or long–term care other than adoption;
and
(ii) who is approved by the local department under subsection (e) of
this section.
(2) “KINSHIP CAREGIVER ” INCLUDES:
(I) A KINSHIP PARENT ;
(II) AN INDIVIDUAL WHO IS RELA TED TO THE CHILD THR OUGH
BLOOD OR MARRIAGE , ADOPTION, TRIBAL LAW OR CUSTOM , OR CULTURAL CUSTOM
OR PRACTICE; AND
WES MOORE, Governor Ch. 429
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(III) AN INDIVIDUAL WHO IS UNRELATED TO THE CHI LD BUT HAS
A STRONG FAMILIAL OR OTHER SIGNIFICANT BO ND WITH THE CHILD , OR IS A
PERSON IDENTIFIED BY THE CHILD’S PARENT.
[(3) “Kinship parent” means an individual who is related by blood or
marriage within five degrees of consanguinity or affinity under the civil law rule to a child
who is in the care, custody, or guardianship of the local department and with whom the
child may be placed for temporary or long–term care other than adoption.]
(b) The [Administration] SECRETARY OF HUMAN SERVICES shall establish
AND MAINTAIN a kinship care program.
(c) (1) In selecting a placement that is in the best interests of a child in need
of out–of–home placement, [the local department shall, as a first priority, attempt to place
the child with a kinship parent] IN THE ABSENCE OF GO OD CAUSE TO THE CONT RARY,
THE LOCAL DEPARTMENT SHALL GIVE PREFERENCE TO PLAC EMENT WITH A
KINSHIP CAREGIVER .
(2) The local department shall exhaust all reasonable resources to MAKE
PROACTIVE, THOROUGH , AND TIMELY EFFORTS T O locate a kinship [parent]
CAREGIVER for initial placement of the child.
(3) If [no kinship parent is located] THE LOCAL DEPARTMENT CANNOT
LOCATE A KINSHIP CAR EGIVER at the time of the initial placement, THEN PREFERENCE
SHALL BE GIVEN TO A PLACEMENT THAT MOST APPROXIMATES A FAMIL Y IN WHICH
THE CHILD’S SPECIAL NEEDS , IF ANY, MAY BE MET, TAKING INTO ACCOUNT TH E
FOLLOWING :
(i) [except as provided in item (ii) of this paragraph, the child shall
be placed in a foster care setting; or] THE PROXIMITY OF THE PLACEMENT TO THE
CHILD’S HOME, EXTENDED FAMILY , OR SIBLINGS;
(ii) [as an alternative to foster care, the local department may place
the child for initial placement with a kinship caregiver] THE CHILD’S CULTURE OR
LANGUAGE CONTINUITY ;
(III) THE CHILD’S AGE; AND
(IV) THE CHILD’S DEVELOPMENTAL AND EDUCATIONAL NEEDS .
(4) If [a kinship parent or] a kinship caregiver is located subsequent to the
placement of a child in a foster care setting, the local department [may] SHALL, [if it is] in
the best interest of the child, place the child with the [kinship parent or] kinship caregiver.
Ch. 429 2024 LAWS OF MARYLAND
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(d) [(1)] A kinship [parent] CAREGIVER may not be under the age of 18 years.
[(2) A kinship caregiver may not be under the age of 21 years.]
(e) (1) The local department [may] SHALL approve an individual as a kinship
caregiver [only] if:
(i) the individual is related to the child [by] THROUGH blood or
marriage [beyond five degrees of consanguinity or affinity under the civil law or rule or is
a close family friend of the child or the child’s family], ADOPTION, TRIBAL LAW OR
CUSTOM, OR CULTURAL CUSTOM OR P RACTICE;
(ii) the individual has a strong familial or other significant bond to
the child or the child’s family OR IS A PERSON IDENT IFIED BY THE CHILD ’S PARENT;
AND
[(iii) the individual has maintained regular contact with the child or
the child’s family sufficient to demonstrate strong familiarity with the child’s activities and
daily needs; and
(iv)] (III) placement with the individual is in the child’s best
interest.
(2) A prospective kinship caregiver shall [submit] PROVIDE to the local
department [an affidavit that includes specific facts] ANY INFORMATION THE LOCAL
DEPARTMENT REQUESTS to enable the local department to determine whether the
individual meets the criteria specified in paragraph (1) of this subsection.
(f) The Administration shall adopt regulations [to implement this section that
are consistent with the provisions of this section] AND POLICIES CONSIST ENT WITH THIS
SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.