EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[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.
*sb0400*
SENATE BILL 400
O1, O4 5lr2084
CF HB 497
By: Senator Gile
Introduced and read first time: January 20, 2025
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 24, 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
(2019 Replacement Volume and 2024 Supplement) 22
2 SENATE BILL 400
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Human Services 3
8–101. 4
(a) In this title the following words have the meanings indicated. 5
(p) (1) “Residential child care program” means an entity that provides 24–hour 6
per day care for children within a structured set of services and activities that are designed 7
to achieve specific objectives relative to the needs of the children served and that include 8
the provision of food, clothing, shelter, education, social services, health, mental health, 9
recreation, or any combination of these services and activities. 10
(2) “Residential child care program” includes a program: 11
(i) licensed by: 12
1. the Maryland Department of Health; 13
2. the Department of Human Services; or 14
3. the Department of Juvenile Services; and 15
(ii) that is subject to the licensing regulations of the members of the 16
Children’s Cabinet governing the operations of residential child care programs. 17
Subtitle 7. Residential Child Care Programs – General Provisions. 18
8–713. RESERVED. 19
8–714. RESERVED. 20
PART III. TRANSPORTATION COMPANIES. 21
8–715. 22
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 23
INDICATED. 24
(B) “CHILD” DOES NOT INCLUDE AN INDIVIDUAL IN THE CA RE, CUSTODY, 25
OR GUARDIANSHIP OF A LOCAL DEPARTMENT OF SOCIAL SERVICES . 26
(B) (C) (1) “RESIDENTIAL CHILD CAR E PROGRAM ” INCLUDES A 27
FACILITY OR PROGRAM THAT: 28 SENATE BILL 400 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 O R GUARDIANS; 25
2. FOR WHICH THE STATE CHILD WELFARE S ERVICES 26
AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 27
4 SENATE BILL 400
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) (D) “YOUTH TRANSPORTATION COMPANY” MEANS A BUSINESS THAT 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, A YOUTH TRANSPORTATI ON 9
COMPANY MAY NOT USE: 10
(1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 11
(2) PHYSICAL OR MECHANICAL RESTRAINTS, SUCH AS HANDCUFFS , 12
CHAINS, IRONS, STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , 13
PLASTIC RESTRAINTS , OR OTHER SIMILAR ITE MS, UNLESS: 14
(I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 15
AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR A SUBSTANTIAL 16
LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS; AND 17
(II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 18
WILL ALLEV IATE THE IMMEDIATE AND SERIOU S RISK OF DANGEROUS OR 19
DISRUPTIVE BEHAVIOR SUBSTANTIAL LIKELIHO OD OF IMMINENT SERIO US 20
PHYSICAL HARM TO THE CHILD OR OTHERS . 21
(B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 22
(I) AS PUNISHMENT ; 23
(II) FOR CONVENIENCE ; OR 24
(III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 25
(2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 26
BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 27
RESTRAINTS DURING TR ANSPORTATION . 28
SENATE BILL 400 5
(3) IF RESTRAINTS ARE NEC ESSARY DUE TO A SUBSTANTIAL 1
LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS, THE 2
RESTRAINTS MAY BE US ED ONLY AS LONG AS T HE IMMINENT RISK PER SISTS. 3
(C) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
A YOUTH TRANSPORTATION COMPANY MAY NO T PICK UP A CHILD FO R TRANSPORT 5
TO A RESIDENTIAL CHI LD CARE PROGRAM BETW EEN THE HOURS OF 9 P.M. AND 6 6
A.M. 7
(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY TO A 8
YOUTH TRANSPORTATION COMPANY UNDER CONTRA CT WITH THE DEPARTMENT OF 9
HUMAN SERVICES. 10
8–717. 11
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 12
ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A YOU TH TRANSPORTATION 13
COMPANY FOR A VIOLAT ION OF § 8–716 OF THIS PART. 14
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 15
ATTORNEY GENERAL MAY SEEK: 16
(I) INJUNCTIVE RELIEF ; AND 17
(II) STATUTORY DAMAGES UP TO: 18
1. $1,000 FOR A FIRST OFFENSE ; AND 19
2. $3,000 FOR A SUBSEQUENT OFF ENSE. 20
(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 21
INDIVIDUAL MAY BRING AN ACTION AGAINST A YOUTH TRAN SPORTATION COMPANY 22
FOR A VIOLATION OF § 8–716 OF THIS PART. 23
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 24
INDIVIDUAL MAY SEEK : 25
(I) RESTITUTION; AND 26
(II) IF AWARDED RESTITUTI ON, REASONABLE ATTORNEY ’S 27
FEES. 28
(3) IF THE COURT DETERMINES THA T AN ACTION IS FRIVO LOUS OR 29
BROUGHT IN BAD FAITH UNDER THIS SUBSECTIO N, THE COURT MAY ORDER THE 30 6 SENATE BILL 400
OFFENDING PARTY TO P AY THE REASONABLE AT TORNEY’S FEES OF THE OTHER 1
PARTY. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect 3
October 1, 2025. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.