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.
*hb0497*
HOUSE BILL 497
O1, O4 5lr2082
CF SB 400
By: Delegate Stewart Delegates Stewart, Crutchfield, Tomlinson, Pasteur, Toles,
Schmidt, Simmons, Phillips, Stinnett, Taylor, Simpson, Grammer,
Sample–Hughes, Conaway, and Kaufman
Introduced and read first time: January 20, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 18, 2025
CHAPTER ______
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 2 HOUSE BILL 497
(2019 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Human Services 4
8–101. 5
(a) In this title the following words have the meanings indicated. 6
(p) (1) “Residential child care program” means an entity that provides 24–hour 7
per day care for children within a structured set of services and activities that are designed 8
to achieve specific objectives relative to the needs of the children served and that include 9
the provision of food, clothing, shelter, education, social services, health, mental health, 10
recreation, or any combination of these services and activities. 11
(2) “Residential child care program” includes a program: 12
(i) licensed by: 13
1. the Maryland Department of Health; 14
2. the Department of Human Services; or 15
3. the Department of Juvenile Services; and 16
(ii) that is subject to the licensing regulations of the members of the 17
Children’s Cabinet governing the operations of residential child care programs. 18
Subtitle 7. Residential Child Care Programs – General Provisions. 19
8–713. RESERVED. 20
8–714. RESERVED. 21
PART III. TRANSPORTATION COMPANIES. 22
8–715. 23
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 24
INDICATED. 25
(B) (1) “RESIDENTIAL CHILD CAR E PROGRAM” INCLUDES A FACILITY OR 26
PROGRAM THAT : 27
HOUSE BILL 497 3
(I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 1
1. A PROGRAM WITH A WIL DERNESS OR OUTDOOR 2
EXPERIENCE, EXPEDITION, OR INTERVENTION ; 3
2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 4
DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 5
CORRECTIONAL REGIMES ; 6
3. AN EDUCATIONAL OR TH ERAPEUTIC BOARDING 7
SCHOOL; OR 8
4. A BEHAVIORAL MODIFIC ATION PROGRAM ; AND 9
(II) SERVES YOUTH CHILDREN WHO HAVE A HISTORY O F 10
DIAGNOSIS OF: 11
1. AN EMOTIONAL , BEHAVIORAL , OR MENTAL HEALTH 12
DISORDER; 13
2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 14
ALCOHOL MISUSE OR US E DISORDER; OR 15
3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 16
SENSORY DISABILITY . 17
(2) “RESIDENTIAL CHILD CAR E PROGRAM” DOES NOT INCLUDE : 18
(I) A HOSPITAL LICENSED BY THE STATE; 19
(II) A DETENTION FACILITY LICENSED BY THE STATE; 20
(III) A YOUTH CORRECTIONAL FACILITY; 21
(IV) A SUBSTANCE ABUSE TR EATMENT FACILITY ; 22
(V) A FOSTER FAMILY HOME : 23
1. THAT PROVIDES 24–HOUR SUBSTITUTE CARE FOR 24
CHILDREN PLACED AWAY FROM THEIR PARENTS OR GUA RDIANS; 25
2. FOR WHICH THE STATE CHILD WELFARE S ERVICES 26
AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 27
4 HOUSE BILL 497
3. THAT IS LICENSED AND REGULATED BY THE STATE AS 1
A FOSTER FAMILY HOME ; OR 2
(VI) ANY OTHER SECURE FAC ILITY. 3
(C) “YOUTH TRANSPORTATION C OMPANY” MEANS A BUSINESS THA T 4
SPECIALIZES IN TRANS PORTING A PERSON CHILD TO A RESIDENTIAL CHI LD CARE 5
PROGRAM. 6
8–716. 7
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 8
CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, WHEN THE FINAL INTEND ED 9
DESTINATION IS A RES IDENTIAL CHILD CARE PROGRAM AND SUBJECT TO 10
SUBSECTION (B) OF THIS SECTION, A YOUTH TRANSPORTATI ON COMPANY MAY NOT 11
USE: 12
(1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 13
(2) PHYSICAL MECHANICAL RESTRAINTS, SUCH AS HANDCUFFS , 14
CHAINS, IRONS, STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , 15
PLASTIC RESTRAINTS , OR OTHER SIMILAR ITE MS; OR 16
(3) PHYSICAL RESTRAINTS , INCLUDING HOLDS , OR OTHER USE OF 17
PHYSICAL FORCE TO RE STRICT FREE MOVEMENT , UNLESS: 18
(I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 19
AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR A SUBSTANTIAL 20
LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS; AND 21
(II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 22
WILL ALLEVIATE THE IMMEDIATE AND SERIOU S RISK OF DANGEROUS OR 23
DISRUPTIVE BEHAVIOR SUBSTANTIAL LIKELIHO OD OF IMMINENT SERIO US 24
PHYSICAL HARM TO THE CHILD OR OTHERS . 25
(B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 26
(I) AS PUNISHMENT ; 27
(II) FOR CONVENIENCE ; OR 28
(III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 29
HOUSE BILL 497 5
(2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 1
BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 2
RESTRAINTS DURING TR ANSPORTATION . 3
(3) IF RESTRAINTS ARE NEC ESSARY DUE TO A S UBSTANTIAL 4
LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS, THE 5
RESTRAINTS MAY BE US ED ONLY AS LONG AS T HE IMMINENT RISK PER SISTS. 6
(C) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 7
WHEN THE FINAL INTEN DED DESTINATION IS A RESIDENTIAL CHILD CARE 8
PROGRAM, A YOUTH TRANSPORTATION COMPANY MAY NOT PICK UP A CHILD FOR 9
TRANSPORT TO A RESID ENTIAL CHILD CARE PR OGRAM BETWEEN THE HO URS OF 9 10
P.M. AND 6 A.M. 11
(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY TO A 12
YOUTH TRANSPORTATION COMPA NY UNDER CONTRACT WI TH THE DEPARTMENT OF 13
HUMAN SERVICES. 14
8–717. 15
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 16
ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A YOU TH TRANSPORTATION 17
COMPANY FOR A VIOLAT ION OF § 8–716 OF THIS PART. 18
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 19
ATTORNEY GENERAL MAY SEEK : 20
(I) INJUNCTIVE RELIEF ; AND 21
(II) STATUTORY DAMAGES UP TO: 22
1. $1,000 FOR A FIRST OFFENSE ; AND 23
2. $3,000 FOR A SUBSEQUENT OFF ENSE. 24
(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) THROUGH (4) OF THIS 25
SUBSECTION, AN INDIVIDUAL MAY BR ING AN ACTION AGAINS T A YOUTH 26
TRANSPORTATION COMPA NY FOR A VIOLATION O F § 8–716 OF THIS PART. 27
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 28
INDIVIDUAL MAY SEEK : 29
(I) RESTITUTION; AND 30
6 HOUSE BILL 497
(II) COMPENSATORY DAMAGES ; 1
(III) STATUTORY DAMAGES UP TO $500 PER VIOLATION; AND 2
(II) (IV) IF AWARDED RESTITUTI ON OR DAMAGES , 3
REASONABLE ATTORNEY ’S FEES. 4
(3) IF THE COURT DETERMIN ES THAT AN ACTION IS FRIVOLOUS OR 5
BROUGHT IN BAD FAITH UNDER THIS SUBSECTION, THE COURT MAY ORDER THE 6
OFFENDING PARTY TO P AY THE REASONABLE AT TORNEY’S FEES OF THE OTHER 7
PARTY. AN ACTION BROUGHT UND ER THIS SECTION SHAL L BE FILED WITHIN 10 8
YEARS AFTER THE DATE THAT THE VICTIM REAC HES THE AGE OF MAJOR ITY. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 10
apply only prospectively and may not be applied or interpreted to have any effect on or 11
application to any cause of action arising before the effective date of this Act. 12
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.