EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0497*
HOUSE BILL 497
O1, O4 5lr2082
CF SB 400
By: Delegate Stewart
Introduced and read first time: January 20, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Residential Child Care Programs – Transportation Companies – Regulation 2
(Preventing Abduction in Youth Transport Act of 2025 ) 3
FOR the purpose of prohibiting certain transportation companies that transport children 4
to residential child care programs from using certain restraints except under certain 5
circumstances; prohibiting certain transportation companies that transport children 6
to residential child care programs from picking up children between certain hours; 7
authorizing an individual and the Attorney General to bring a civil action against 8
certain transportation companies that transport children to residential child care 9
programs under certain circumstances; and generally relating to transportation 10
companies that transport children to residential child care programs. 11
BY repealing and reenacting, without amendments, 12
Article – Human Services 13
Section 8–101(a) and (p) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2024 Supplement) 16
BY adding to 17
Article – Human Services 18
Section 8–715 through 8–717 to be under the new part “Part III. Transportation 19
Companies” 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Human Services 25
8–101. 26 2 HOUSE BILL 497
(a) In this title the following words have the meanings indicated. 1
(p) (1) “Residential child care program” means an entity that provides 24–hour 2
per day care for children within a structured set of services and activities that are designed 3
to achieve specific objectives relative to the needs of the children served and that include 4
the provision of food, clothing, shelter, education, social services, health, mental health, 5
recreation, or any combination of these services and activities. 6
(2) “Residential child care program” includes a program: 7
(i) licensed by: 8
1. the Maryland Department of Health; 9
2. the Department of Human Services; or 10
3. the Department of Juvenile Services; and 11
(ii) that is subject to the licensing regulations of the members of the 12
Children’s Cabinet governing the operations of residential child care programs. 13
Subtitle 7. Residential Child Care Programs – General Provisions. 14
8–713. RESERVED. 15
8–714. RESERVED. 16
PART III. TRANSPORTATION COMPANIES. 17
8–715. 18
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(B) (1) “RESIDENTIAL CHILD CARE PROGRAM” INCLUDES A FACILITY OR 21
PROGRAM THAT : 22
(I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 23
1. A PROGRAM WITH A WILDERN ESS OR OUTDOOR 24
EXPERIENCE, EXPEDITION, OR INTERVENTION ; 25
HOUSE BILL 497 3
2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 1
DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 2
CORRECTIONAL REGIMES ; 3
3. AN EDUCATION AL OR THERAPEUTIC BOARD ING 4
SCHOOL; OR 5
4. A BEHAVIORAL MODIFICAT ION PROGRAM ; AND 6
(II) SERVES YOUTH WHO HAVE A HISTORY OF DIAGNOS IS OF: 7
1. AN EMOTIONAL , BEHAVIORAL , OR MENTAL HEALTH 8
DISORDER; 9
2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 10
ALCOHOL MISUSE OR US E DISORDER; OR 11
3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 12
SENSORY DISABILITY . 13
(2) “RESIDENTIAL CHILD CARE PROGRAM” DOES NOT INCLUDE : 14
(I) A HOSPITAL LICENSED BY THE STATE; 15
(II) A DETENTION FACILITY LICENSED BY THE STATE; 16
(III) A YOUTH CORRECTIONAL FACILITY; 17
(IV) A SUBSTANCE ABUSE TREA TMENT FACILIT Y; 18
(V) A FOSTER FAMILY HOME : 19
1. THAT PROVIDES 24–HOUR SUBSTITUTE CARE FOR 20
CHILDREN PLACED AWAY FROM THEIR PARENTS O R GUARDIANS; 21
2. FOR WHICH THE STATE CHILD WELFARE SERVIC ES 22
AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 23
3. THAT IS LICENSED AND REGU LATED BY THE STATE AS 24
A FOSTER FAMILY HOME ; OR 25
(VI) ANY OTHER SECURE FAC ILITY. 26
4 HOUSE BILL 497
(C) “YOUTH TRANSPORTATION COMPANY” MEANS A BUSINESS THA T 1
SPECIALIZES IN TRANSPORTIN G A PERSON TO A RESI DENTIAL CHILD CARE 2
PROGRAM. 3
8–716. 4
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 5
CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, A YOUTH TRANSPORTATI ON 6
COMPANY MAY NOT USE : 7
(1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 8
(2) PHYSICAL RESTRAINT S, SUCH AS HANDCUFFS , CHAINS, IRONS, 9
STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , PLASTIC 10
RESTRAINTS, OR OTHER SIMILAR ITEMS , UNLESS: 11
(I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 12
AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR; AND 13
(II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 14
WILL ALLEVIATE THE I MMEDIATE AND SERIOUS RISK OF DANGEROUS OR 15
DISRUPTIVE BEHAVIOR . 16
(B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 17
(I) AS PUNISHMENT ; 18
(II) FOR CONVENIENCE ; OR 19
(III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 20
(2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 21
BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 22
RESTRAINTS DURING TRANSPORTATION . 23
(C) A YOUTH TRANSPORTATION COMPANY MAY NOT PICK UP A CHILD FOR 24
TRANSPORT TO A RESID ENTIAL CHILD CARE PR OGRAM BETWEEN THE HOURS OF 9 25
P.M. AND 6 A.M. 26
8–717. 27
HOUSE BILL 497 5
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 1
ATTORNEY GENERAL MAY BRING AN ACTION AGAI NST A YOUTH TRANSPOR TATION 2
COMPANY FOR A VIOLAT ION OF § 8–716 OF THIS PART. 3
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 4
ATTORNEY GENERAL MAY SEEK : 5
(I) INJUNCTIVE RELIEF ; AND 6
(II) STATUTORY DAMAGES UP TO: 7
1. $1,000 FOR A FIRST OFFENSE ; AND 8
2. $3,000 FOR A SUBSEQUENT OFF ENSE. 9
(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 10
INDIVIDUAL MAY BRING AN ACTION AGAINST A YOUTH TRANSPORTATION COMPANY 11
FOR A VIOLATION OF § 8–716 OF THIS PART. 12
(2) IN AN ACTION BROUGHT UN DER THIS SUBSECTION , THE 13
INDIVIDUAL MAY SEEK : 14
(I) RESTITUTION; AND 15
(II) IF AWARDED RESTITUTI ON, REASONABLE ATTORNEY ’S 16
FEES. 17
(3) IF THE COURT DETERMIN ES THAT AN ACTION IS FRIVOLOUS OR 18
BROUGHT IN BAD FAITH UNDER THIS SUBSECTIO N, THE COURT MAY ORDER THE 19
OFFENDING PARTY TO P AY THE REASONABLE ATTORNEY ’S FEES OF THE OTHER 20
PARTY. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23