MD
Maryland Senate Bill SB400

Maryland 2025 Regular Session

Maryland Senate Bill SB400 Compare Versions

OldNewDifferences
11
22
33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *sb0400*
109
1110 SENATE BILL 400
12-O1, O4 (5lr2084)
13-ENROLLED BILL
14-— Finance/Judiciary —
15-Introduced by Senator Gile
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at _________________ _______ o’clock, ________M.
27-
28-______________________________________________
29-President.
11+O1, O4 5lr2084
12+ CF HB 497
13+By: Senator Gile
14+Introduced and read first time: January 20, 2025
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 24, 2025
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
3524 Residential Child Care Programs – Transportation Companies – Regulation 2
3625 (Preventing Abduction in Youth Transport Act of 2025) 3
3726
3827 FOR the purpose of prohibiting certain transportation companies that transport children 4
3928 to residential child care programs from using certain restraints except under certain 5
4029 circumstances; prohibiting certain transportation companies that transport children 6
4130 to residential child care programs from picking up children between certain hours; 7
4231 authorizing an individual and the Attorney General to bring a civil action against 8
4332 certain transportation companies that transport children to residential child care 9
4433 programs under certain circumstances; and generally relating to transportation 10
4534 companies that transport children to residential child care programs. 11
4635
4736 BY repealing and reenacting, without amendments, 12
4837 Article – Human Services 13
49-Section 8–101(a) and (p) 14 2 SENATE BILL 400
38+Section 8–101(a) and (p) 14
39+ Annotated Code of Maryland 15
40+ (2019 Replacement Volume and 2024 Supplement) 16
41+
42+BY adding to 17
43+ Article – Human Services 18
44+Section 8–715 through 8–717 to be under the new part “Part III. Transportation 19
45+Companies” 20
46+ Annotated Code of Maryland 21
47+ (2019 Replacement Volume and 2024 Supplement) 22
48+ 2 SENATE BILL 400
5049
5150
52- Annotated Code of Maryland 1
53- (2019 Replacement Volume and 2024 Supplement) 2
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
5453
55-BY adding to 3
56- Article – Human Services 4
57-Section 8–715 through 8–717 to be under the new part “Part III. Transportation 5
58-Companies” 6
59- Annotated Code of Maryland 7
60- (2019 Replacement Volume and 2024 Supplement) 8
54+Article – Human Services 3
6155
62- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
63-That the Laws of Maryland read as follows: 10
56+8–101. 4
6457
65-Article – Human Services 11
58+ (a) In this title the following words have the meanings indicated. 5
6659
67-8–101. 12
60+ (p) (1) “Residential child care program” means an entity that provides 24–hour 6
61+per day care for children within a structured set of services and activities that are designed 7
62+to achieve specific objectives relative to the needs of the children served and that include 8
63+the provision of food, clothing, shelter, education, social services, health, mental health, 9
64+recreation, or any combination of these services and activities. 10
6865
69- (a) In this title the following words have the meanings indicated. 13
66+ (2) “Residential child care program” includes a program: 11
7067
71- (p) (1) “Residential child care program” means an entity that provides 24–hour 14
72-per day care for children within a structured set of services and activities that are designed 15
73-to achieve specific objectives relative to the needs of the children served and that include 16
74-the provision of food, clothing, shelter, education, social services, health, mental health, 17
75-recreation, or any combination of these services and activities. 18
68+ (i) licensed by: 12
7669
77- (2) “Residential child care program” includes a program: 19
70+ 1. the Maryland Department of Health; 13
7871
79- (i) licensed by: 20
72+ 2. the Department of Human Services; or 14
8073
81- 1. the Maryland Department of Health; 21
74+ 3. the Department of Juvenile Services; and 15
8275
83- 2. the Department of Human Services; or 22
76+ (ii) that is subject to the licensing regulations of the members of the 16
77+Children’s Cabinet governing the operations of residential child care programs. 17
8478
85- 3. the Department of Juvenile Services; and 23
79+Subtitle 7. Residential Child Care Programs – General Provisions. 18
8680
87- (ii) that is subject to the licensing regulations of the members of the 24
88-Children’s Cabinet governing the operations of residential child care programs. 25
81+8–713. RESERVED. 19
8982
90-Subtitle 7. Residential Child Care Programs – General Provisions. 26
83+8–714. RESERVED. 20
9184
92-8–713. RESERVED. 27
85+PART III. TRANSPORTATION COMPANIES. 21
9386
94-8–714. RESERVED. 28
87+8–715. 22
9588
96-PART III. TRANSPORTATION COMPANIES. 29
97- SENATE BILL 400 3
89+ (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 23
90+INDICATED. 24
9891
92+ (B) “CHILD” DOES NOT INCLUDE AN INDIVIDUAL IN THE CA RE, CUSTODY, 25
93+OR GUARDIANSHIP OF A LOCAL DEPARTMENT OF SOCIAL SERVICES . 26
9994
100-8–715. 1
101-
102- (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 2
103-INDICATED. 3
104-
105- (B) “CHILD” DOES NOT INCLUDE AN INDIVIDUAL IN THE CARE, CUSTODY, 4
106-OR GUARDIANSHIP OF A LOCAL DEPARTMENT OF SOCIAL SERVICES . 5
107-
108- (B) (C) (B) (1) “RESIDENTIAL CHILD CAR E PROGRAM ” INCLUDES A 6
109-FACILITY OR PROGRAM THAT: 7
110-
111- (I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 8
112-
113- 1. A PROGRAM WITH A WILDERNESS OR OUTDOOR 9
114-EXPERIENCE, EXPEDITION, OR INTERVENTION ; 10
115-
116- 2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 11
117-DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 12
118-CORRECTIONAL REGIMES ; 13
119-
120- 3. AN EDUCATIONAL OR TH ERAPEUTIC BOARDIN G 14
121-SCHOOL; OR 15
122-
123- 4. A BEHAVIORAL MODIFIC ATION PROGRAM ; AND 16
124-
125- (II) SERVES YOUTH CHILDREN WHO HAVE A HISTORY O F 17
126-DIAGNOSIS OF: 18
127-
128- 1. AN EMOTIONAL , BEHAVIORAL , OR MENTAL HEALTH 19
129-DISORDER; 20
130-
131- 2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 21
132-ALCOHOL MISUSE OR USE DISORDER ; OR 22
133-
134- 3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 23
135-SENSORY DISABILITY . 24
136-
137- (2) “RESIDENTIAL CHILD CAR E PROGRAM” DOES NOT INCLUDE : 25
138-
139- (I) A HOSPITAL LICENSED BY THE STATE; 26
140-
141- (II) A DETENTION FACILITY LICENSED BY THE STATE; 27
142-
143- (III) A YOUTH CORRECTIONAL FACILITY; 28 4 SENATE BILL 400
95+ (B) (C) (1) “RESIDENTIAL CHILD CAR E PROGRAM ” INCLUDES A 27
96+FACILITY OR PROGRAM THAT: 28 SENATE BILL 400 3
14497
14598
14699
147- (IV) A SUBSTANCE ABUSE TR EATMENT FACILITY ; 1
100+ (I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 1
148101
149- (V) A FOSTER FAMILY HOME : 2
102+ 1. A PROGRAM WITH A WIL DERNESS OR OUTDOOR 2
103+EXPERIENCE, EXPEDITION, OR INTERVENTION ; 3
150104
151- 1. THAT PROVIDES 24–HOUR SUBSTITUTE CARE FOR 3
152-CHILDREN PLACED AWAY FROM THEIR PARENTS O R GUARDIANS; 4
105+ 2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 4
106+DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 5
107+CORRECTIONAL REGIMES ; 6
153108
154- 2. FOR WHICH THE STATE CHILD WELFARE S ERVICES 5
155-AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 6
109+ 3. AN EDUCATIONAL OR TH ERAPEUTIC BOARDING 7
110+SCHOOL; OR 8
156111
157- 3. THAT IS LICENSED AND REGULATED BY THE STATE AS 7
158-A FOSTER FAMILY HOME ; OR 8
112+ 4. A BEHAVIORAL MODIFIC ATION PROGRAM ; AND 9
159113
160- (VI) ANY OTHER SECURE FAC ILITY. 9
114+ (II) SERVES YOUTH CHILDREN WHO HAVE A HISTORY O F 10
115+DIAGNOSIS OF: 11
161116
162- (C) (D) (C) “YOUTH TRANSPORTATION COMPANY” MEANS A BUSINESS THA T 10
163-SPECIALIZES IN TRANS PORTING A PERSON CHILD TO A RESIDENTIAL CHI LD CARE 11
164-PROGRAM. 12
117+ 1. AN EMOTIONAL , BEHAVIORAL , OR MENTAL HEALTH 12
118+DISORDER; 13
165119
166-8–716. 13
120+ 2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 14
121+ALCOHOL MISUSE OR US E DISORDER; OR 15
167122
168- (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 14
169-CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, WHEN THE FINAL INTEND ED 15
170-DESTINATION IS A RES IDENTIAL CHILD CARE PROGRAM AND SUBJECT TO 16
171-SUBSECTION (B) OF THIS SECTION, A YOUTH TRANSPORTATI ON COMPANY MAY NOT 17
172-USE: 18
123+ 3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 16
124+SENSORY DISABILITY . 17
173125
174- (1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 19
126+ (2) “RESIDENTIAL CHILD CAR E PROGRAM” DOES NOT INCLUDE : 18
175127
176- (2) PHYSICAL OR MECHANICAL RESTRAINTS, SUCH AS HANDCUFFS , 20
177-CHAINS, IRONS, STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , 21
178-PLASTIC RESTRAINTS , OR OTHER SIMILAR ITE MS; OR 22
128+ (I) A HOSPITAL LICENSED BY THE STATE; 19
179129
180- (3) PHYSICAL RESTRAINTS , INCLUDING HOLDS , OR OTHER USE OF 23
181-PHYSICAL FORCE TO RE STRICT FREE MOVEMENT , UNLESS: 24
130+ (II) A DETENTION FACILITY LICENSED BY THE STATE; 20
182131
183- (I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 25
184-AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR A SUBSTANTIAL 26
185-LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS; AND 27
132+ (III) A YOUTH CORRECTIONAL FACILITY; 21
186133
187- (II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 28
188-WILL ALLEVIATE THE IMMEDIATE AND SERIOU S RISK OF DANGEROUS OR 29 SENATE BILL 400 5
134+ (IV) A SUBSTANCE ABUSE TR EATMENT FACILITY ; 22
135+
136+ (V) A FOSTER FAMILY HOME : 23
137+
138+ 1. THAT PROVIDES 24–HOUR SUBSTITUTE CARE FOR 24
139+CHILDREN PLACED AWAY FROM THEIR PARENTS O R GUARDIANS; 25
140+
141+ 2. FOR WHICH THE STATE CHILD WELFARE S ERVICES 26
142+AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 27
143+ 4 SENATE BILL 400
189144
190145
191-DISRUPTIVE BEHAVIOR SUBSTANTIAL LIKELIHO OD OF IMMINENT SERIO US 1
192-PHYSICAL HARM TO THE CHILD OR OTHERS . 2
146+ 3. THAT IS LICENSED AND REGULATED BY THE STATE AS 1
147+A FOSTER FAMILY HOME ; OR 2
193148
194- (B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 3
149+ (VI) ANY OTHER SECURE FAC ILITY. 3
195150
196- (I) AS PUNISHMENT ; 4
151+ (C) (D) “YOUTH TRANSPORTATION COMPANY” MEANS A BUSINESS THAT 4
152+SPECIALIZES IN TRANS PORTING A PERSON CHILD TO A RESIDENTIAL CHI LD CARE 5
153+PROGRAM. 6
197154
198- (II) FOR CONVENIENCE ; OR 5
155+8–716. 7
199156
200- (III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 6
157+ (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 8
158+CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, A YOUTH TRANSPORTATI ON 9
159+COMPANY MAY NOT USE: 10
201160
202- (2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 7
203-BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 8
204-RESTRAINTS DURING TR ANSPORTAT ION. 9
161+ (1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 11
205162
206- (3) IF RESTRAINTS ARE NEC ESSARY DUE TO A SUBS TANTIAL 10
207-LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS, THE 11
208-RESTRAINTS MAY BE US ED ONLY AS LONG AS T HE IMMINENT RISK PER SISTS. 12
163+ (2) PHYSICAL OR MECHANICAL RESTRAINTS, SUCH AS HANDCUFFS , 12
164+CHAINS, IRONS, STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , 13
165+PLASTIC RESTRAINTS , OR OTHER SIMILAR ITE MS, UNLESS: 14
209166
210- (C) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 13
211-WHEN THE FINAL INTEN DED DESTINATION IS A RESIDENTIAL CHILD CA RE PROGRAM, 14
212-A YOUTH TRANSPORTATION COMPANY MAY NOT PICK UP A CHILD FOR TRANS PORT 15
213-TO A RESIDENTIAL CHI LD CARE PROGRAM BETW EEN THE HOURS OF 9 P.M. AND 6 16
214-A.M. 17
167+ (I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 15
168+AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR A SUBSTANTIAL 16
169+LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS; AND 17
215170
216- (2) PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY TO A 18
217-YOUTH TRANSPORTATION COMPANY UNDER CONTRA CT WITH THE DEPARTMENT OF 19
218-HUMAN SERVICES. 20
171+ (II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 18
172+WILL ALLEV IATE THE IMMEDIATE AND SERIOU S RISK OF DANGEROUS OR 19
173+DISRUPTIVE BEHAVIOR SUBSTANTIAL LIKELIHO OD OF IMMINENT SERIO US 20
174+PHYSICAL HARM TO THE CHILD OR OTHERS . 21
219175
220-8–717. 21
176+ (B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 22
221177
222- (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
223-ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A YOU TH TRANSPORTATION 23
224-COMPANY FOR A VIOLATIO N OF § 8–716 OF THIS PART. 24
178+ (I) AS PUNISHMENT ; 23
225179
226- (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 25
227-ATTORNEY GENERAL MAY SEEK : 26
180+ (II) FOR CONVENIENCE ; OR 24
228181
229- (I) INJUNCTIVE RELIEF ; AND 27
182+ (III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 25
230183
231- (II) STATUTORY DAMAGES UP TO: 28
232-
233- 1. $1,000 FOR A FIRST OFFENSE ; AND 29
234- 6 SENATE BILL 400
184+ (2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 26
185+BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 27
186+RESTRAINTS DURING TR ANSPORTATION . 28
187+ SENATE BILL 400 5
235188
236189
237- 2. $3,000 FOR A SUBSEQUENT OFFENSE . 1
190+ (3) IF RESTRAINTS ARE NEC ESSARY DUE TO A SUBSTANTIAL 1
191+LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS, THE 2
192+RESTRAINTS MAY BE US ED ONLY AS LONG AS T HE IMMINENT RISK PER SISTS. 3
238193
239- (B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 2
240-INDIVIDUAL MAY BRING AN ACTION AGAINST A YOUTH TRANSPORTATION COMPANY 3
241-FOR A VIOLATION OF § 8–716 OF THIS PART. 4
194+ (C) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
195+A YOUTH TRANSPORTATION COMPANY MAY NO T PICK UP A CHILD FO R TRANSPORT 5
196+TO A RESIDENTIAL CHI LD CARE PROGRAM BETW EEN THE HOURS OF 9 P.M. AND 6 6
197+A.M. 7
242198
243- (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 5
244-INDIVIDUAL MAY SEEK : 6
199+ (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY TO A 8
200+YOUTH TRANSPORTATION COMPANY UNDER CONTRA CT WITH THE DEPARTMENT OF 9
201+HUMAN SERVICES. 10
245202
246- (I) RESTITUTION; AND 7
203+8–717. 11
247204
248- (II) COMPENSATORY DAMAGES ; 8
205+ (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 12
206+ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A YOU TH TRANSPORTATION 13
207+COMPANY FOR A VIOLAT ION OF § 8–716 OF THIS PART. 14
249208
250- (III) STATUTORY DAMAGES UP TO $500 PER VIOLATION; AND 9
209+ (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 15
210+ATTORNEY GENERAL MAY SEEK: 16
251211
252- (II) (IV) IF AWARDED RESTITUTI ON OR DAMAGES , 10
253-REASONABLE ATTORNEY ’S FEES. 11
212+ (I) INJUNCTIVE RELIEF ; AND 17
254213
255- (3) IF THE COURT DETERMIN ES THAT AN ACTION IS FRIVOLOUS OR 12
256-BROUGHT IN BAD FAITH UNDER THIS SUBSECTIO N, THE COURT MAY ORDER THE 13
257-OFFENDING PARTY TO P AY THE REASONABLE AT TORNEY’S FEES OF THE OTHER 14
258-PARTY. AN ACTION BROUGHT UND ER THIS SECTION SHAL L BE FILED WITHIN 10 15
259-YEARS AFTER THE DATE THAT THE VICTIM REACHES THE AGE OF M AJORITY. 16
214+ (II) STATUTORY DAMAGES UP TO: 18
260215
261- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 17
262-apply only prospectively and may not be applied or interpreted to have any effect on or 18
263-application to any cause of action arising before the effective date of this Act. 19
216+ 1. $1,000 FOR A FIRST OFFENSE ; AND 19
264217
265- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
266-October 1, 2025. 21
218+ 2. $3,000 FOR A SUBSEQUENT OFF ENSE. 20
219+
220+ (B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 21
221+INDIVIDUAL MAY BRING AN ACTION AGAINST A YOUTH TRAN SPORTATION COMPANY 22
222+FOR A VIOLATION OF § 8–716 OF THIS PART. 23
223+
224+ (2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 24
225+INDIVIDUAL MAY SEEK : 25
226+
227+ (I) RESTITUTION; AND 26
228+
229+ (II) IF AWARDED RESTITUTI ON, REASONABLE ATTORNEY ’S 27
230+FEES. 28
231+
232+ (3) IF THE COURT DETERMINES THA T AN ACTION IS FRIVO LOUS OR 29
233+BROUGHT IN BAD FAITH UNDER THIS SUBSECTIO N, THE COURT MAY ORDER THE 30 6 SENATE BILL 400
234+
235+
236+OFFENDING PARTY TO P AY THE REASONABLE AT TORNEY’S FEES OF THE OTHER 1
237+PARTY. 2
238+
239+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take e ffect 3
240+October 1, 2025. 4
241+
267242
268243
269244
270245 Approved:
271246 ________________________________________________________________________________
272247 Governor.
273248 ________________________________________________________________________________
274249 President of the Senate.
275250 ________________________________________________________________________________
276251 Speaker of the House of Delegates.