EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0944*
HOUSE BILL 944
D4 5lr3183
By: Delegate Toles
Introduced and read first time: January 31, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Children in Need of Assistance and Termination of Parental 2
Rights 3
FOR the purpose of repealing a provision that authorizes a local department of social 4
services to ask the juvenile court to find that reasonable efforts to reunify a child 5
with the child’s parent or guardian are not required if the local department concludes 6
that a parent or guardian has involuntarily lost parental rights to a sibling of the 7
child; repealing a provision that requires a court, when determining whether to 8
involuntarily terminate parental rights, to consider whether the parent has 9
involuntarily lost parental rights to a sibling of the child; and generally relating to 10
the termination of parental rights. 11
BY repealing and reenacting, with amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–812(b) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Family Law 18
Section 5–323(d) 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Courts and Judicial Proceedings 24
3–812. 25
2 HOUSE BILL 944
(b) In a petition under this subtitle, a local department may ask the court to find 1
that reasonable efforts to reunify a child with the child’s parent or guardian are not 2
required if the local department concludes that a parent or guardian: 3
(1) Has subjected the child to any of the following aggravated 4
circumstances: 5
(i) The parent or guardian has engaged in or facilitated: 6
1. Chronic or severe physical abuse of the child, a sibling of 7
the child, or another child in the household; 8
2. Chronic and life–threatening neglect of the child, a sibling 9
of the child, or another child in the household; 10
3. Sexual abuse of the child, a sibling of the child, or another 11
child in the household; or 12
4. Torture of the child, a sibling of the child, or another child 13
in the household; 14
(ii) The parent or guardian knowingly failed to take appropriate 15
steps to protect the child after a person in the household inflicted sexual abuse, severe 16
physical abuse, life–threatening neglect, or torture on the child or another child in the 17
household; 18
(iii) The child, a sibling of the child, or another child in the household 19
has suffered severe physical abuse or death resulting from abuse by the parent or guardian 20
or another adult in the household and all persons who could have inflicted the abuse or 21
caused the death remain in the household; or 22
(iv) The parent or guardian has abandoned the child; OR 23
(2) Has been convicted, in any state or any court of the United States, of: 24
(i) A crime of violence against: 25
1. A minor offspring of the parent or guardian; 26
2. The child; or 27
3. Another parent or guardian of the child; or 28
(ii) Aiding or abetting, conspiring, or soliciting to commit a crime 29
described in item (i) of this item[; or 30
(3) Has involuntarily lost parental rights of a sibling of the child]. 31 HOUSE BILL 944 3
Article – Family Law 1
5–323. 2
(d) Except as provided in subsection (c) of this section, in ruling on a petition for 3
guardianship of a child, a juvenile court shall give primary consideration to the health and 4
safety of the child and consideration to all other factors needed to determine whether 5
terminating a parent’s rights is in the child’s best interests, including: 6
(1) (i) all services offered to the parent before the child’s placement, 7
whether offered by a local department, another agency, or a professional; 8
(ii) the extent, nature, and timeliness of services offered by a local 9
department to facilitate reunion of the child and parent; and 10
(iii) the extent to which a local department and parent have fulfilled 11
their obligations under a social services agreement, if any; 12
(2) the results of the parent’s effort to adjust the parent’s circumstances, 13
condition, or conduct to make it in the child’s best interests for the child to be returned to 14
the parent’s home, including: 15
(i) the extent to which the parent has maintained regular contact 16
with: 17
1. the child; 18
2. the local department to which the child is committed; and 19
3. if feasible, the child’s caregiver; 20
(ii) the parent’s contribution to a reasonable part of the child’s care 21
and support, if the parent is financially able to do so; 22
(iii) the existence of a parental disability that makes the parent 23
consistently unable to care for the child’s immediate and ongoing physical or psychological 24
needs for long periods of time; and 25
(iv) whether additional services would be likely to bring about a 26
lasting parental adjustment so that the child could be returned to the parent within an 27
ascertainable time not to exceed 18 months from the date of placement unless the juvenile 28
court makes a specific finding that it is in the child’s best interests to extend the time for a 29
specified period; 30
(3) whether: 31
4 HOUSE BILL 944
(i) the parent has abused or neglected the child or a minor and the 1
seriousness of the abuse or neglect; 2
(ii) 1. A. on admission to a hospital for the child’s delivery, 3
the mother tested positive for a drug as evidenced by a positive toxicology test; or 4
B. upon the birth of the child, the child tested positive for a 5
drug as evidenced by a positive toxicology test; and 6
2. the mother refused the level of drug treatment 7
recommended by a qualified addictions specialist, as defined in § 5–1201 of this title, or by 8
a physician or psychologist, as defined in the Health Occupations Article; 9
(iii) the parent subjected the child to: 10
1. chronic abuse; 11
2. chronic and life–threatening neglect; 12
3. sexual abuse; or 13
4. torture; AND 14
(iv) the parent has been convicted, in any state or any court of the 15
United States, of: 16
1. a crime of violence against: 17
A. a minor offspring of the parent; 18
B. the child; or 19
C. another parent of the child; or 20
2. aiding or abetting, conspiring, or soliciting to commit a 21
crime described in item 1 of this item; and 22
[(v) the parent has involuntarily lost parental rights to a sibling of 23
the child; and] 24
(4) (i) the child’s emotional ties with and feelings toward the child’s 25
parents, the child’s siblings, and others who may affect the child’s best interests 26
significantly; 27
(ii) the child’s adjustment to: 28
1. community; 29 HOUSE BILL 944 5
2. home; 1
3. placement; and 2
4. school; 3
(iii) the child’s feelings about severance of the parent–child 4
relationship; and 5
(iv) the likely impact of terminating parental rights on the child’s 6
well–being. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2025. 9