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.
Italics indicate opposite chamber/conference committee amendments.
*sb0400*
SENATE BILL 400
O1, O4 (5lr2084)
ENROLLED BILL
— Finance/Judiciary —
Introduced by Senator Gile
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 400
Annotated Code of Maryland 1
(2019 Replacement Volume and 2024 Supplement) 2
BY adding to 3
Article – Human Services 4
Section 8–715 through 8–717 to be under the new part “Part III. Transportation 5
Companies” 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Human Services 11
8–101. 12
(a) In this title the following words have the meanings indicated. 13
(p) (1) “Residential child care program” means an entity that provides 24–hour 14
per day care for children within a structured set of services and activities that are designed 15
to achieve specific objectives relative to the needs of the children served and that include 16
the provision of food, clothing, shelter, education, social services, health, mental health, 17
recreation, or any combination of these services and activities. 18
(2) “Residential child care program” includes a program: 19
(i) licensed by: 20
1. the Maryland Department of Health; 21
2. the Department of Human Services; or 22
3. the Department of Juvenile Services; and 23
(ii) that is subject to the licensing regulations of the members of the 24
Children’s Cabinet governing the operations of residential child care programs. 25
Subtitle 7. Residential Child Care Programs – General Provisions. 26
8–713. RESERVED. 27
8–714. RESERVED. 28
PART III. TRANSPORTATION COMPANIES. 29
SENATE BILL 400 3
8–715. 1
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) “CHILD” DOES NOT INCLUDE AN INDIVIDUAL IN THE CARE, CUSTODY, 4
OR GUARDIANSHIP OF A LOCAL DEPARTMENT OF SOCIAL SERVICES . 5
(B) (C) (B) (1) “RESIDENTIAL CHILD CAR E PROGRAM ” INCLUDES A 6
FACILITY OR PROGRAM THAT: 7
(I) PROVIDES A RESIDENTI AL ENVIRONMENT SUCH AS: 8
1. A PROGRAM WITH A WILDERNESS OR OUTDOOR 9
EXPERIENCE, EXPEDITION, OR INTERVENTION ; 10
2. A BOOT CAMP EXPERIEN CE OR OTHER EXPERIEN CE 11
DESIGNED TO SIMULATE CHARACTERISTICS OF B ASIC MILITARY TRAINI NG FOR 12
CORRECTIONAL REGIMES ; 13
3. AN EDUCATIONAL OR TH ERAPEUTIC BOARDIN G 14
SCHOOL; OR 15
4. A BEHAVIORAL MODIFIC ATION PROGRAM ; AND 16
(II) SERVES YOUTH CHILDREN WHO HAVE A HISTORY O F 17
DIAGNOSIS OF: 18
1. AN EMOTIONAL , BEHAVIORAL , OR MENTAL HEALTH 19
DISORDER; 20
2. A SUBSTANCE MISUSE O R USE DISORDER , INCLUDING 21
ALCOHOL MISUSE OR USE DISORDER ; OR 22
3. AN INTELLECTUAL , DEVELOPMENTAL , PHYSICAL, OR 23
SENSORY DISABILITY . 24
(2) “RESIDENTIAL CHILD CAR E PROGRAM” DOES NOT INCLUDE : 25
(I) A HOSPITAL LICENSED BY THE STATE; 26
(II) A DETENTION FACILITY LICENSED BY THE STATE; 27
(III) A YOUTH CORRECTIONAL FACILITY; 28 4 SENATE BILL 400
(IV) A SUBSTANCE ABUSE TR EATMENT FACILITY ; 1
(V) A FOSTER FAMILY HOME : 2
1. THAT PROVIDES 24–HOUR SUBSTITUTE CARE FOR 3
CHILDREN PLACED AWAY FROM THEIR PARENTS O R GUARDIANS; 4
2. FOR WHICH THE STATE CHILD WELFARE S ERVICES 5
AGENCY HAS PLACEMENT AND CARE RESPONSIBIL ITY; AND 6
3. THAT IS LICENSED AND REGULATED BY THE STATE AS 7
A FOSTER FAMILY HOME ; OR 8
(VI) ANY OTHER SECURE FAC ILITY. 9
(C) (D) (C) “YOUTH TRANSPORTATION COMPANY” MEANS A BUSINESS THA T 10
SPECIALIZES IN TRANS PORTING A PERSON CHILD TO A RESIDENTIAL CHI LD CARE 11
PROGRAM. 12
8–716. 13
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, WHILE TRANSPORTING 14
CHILDREN TO A RESIDE NTIAL CHILD CARE PRO GRAM, WHEN THE FINAL INTEND ED 15
DESTINATION IS A RES IDENTIAL CHILD CARE PROGRAM AND SUBJECT TO 16
SUBSECTION (B) OF THIS SECTION, A YOUTH TRANSPORTATI ON COMPANY MAY NOT 17
USE: 18
(1) VISUAL IMPAIRMENT , SUCH AS BLINDFOLDS A ND HOODS; OR 19
(2) PHYSICAL OR MECHANICAL RESTRAINTS, SUCH AS HANDCUFFS , 20
CHAINS, IRONS, STRAITJACKETS , CLOTH RESTRAINTS , LEATHER RESTRAINTS , 21
PLASTIC RESTRAINTS , OR OTHER SIMILAR ITE MS; OR 22
(3) PHYSICAL RESTRAINTS , INCLUDING HOLDS , OR OTHER USE OF 23
PHYSICAL FORCE TO RE STRICT FREE MOVEMENT , UNLESS: 24
(I) THE RESTRAINTS ARE N ECESSARY DUE TO AN IMMEDIATE 25
AND SERIOUS RISK OF DANGEROUS OR DISRUPT IVE BEHAVIOR A SUBSTANTIAL 26
LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS; AND 27
(II) THERE ARE NO LESS RE STRICTIVE ALTERNATIV ES THAT 28
WILL ALLEVIATE THE IMMEDIATE AND SERIOU S RISK OF DANGEROUS OR 29 SENATE BILL 400 5
DISRUPTIVE BEHAVIOR SUBSTANTIAL LIKELIHO OD OF IMMINENT SERIO US 1
PHYSICAL HARM TO THE CHILD OR OTHERS . 2
(B) (1) PHYSICAL RESTRAINTS M AY NOT BE USED: 3
(I) AS PUNISHMENT ; 4
(II) FOR CONVENIENCE ; OR 5
(III) AS A SUBSTITUTE FOR STAFF SUPERVISION . 6
(2) ONLY YOUTH TRANSPORTA TION COMPANY STAFF W HO HAVE 7
BEEN ADEQUATELY TRAI NED IN RESTRAINT DEV ICE USAGE MAY USE AN D APPLY 8
RESTRAINTS DURING TR ANSPORTAT ION. 9
(3) IF RESTRAINTS ARE NEC ESSARY DUE TO A SUBS TANTIAL 10
LIKELIHOOD OF IMMINE NT SERIOUS PHYSICAL HARM TO A CHILD OR O THERS, THE 11
RESTRAINTS MAY BE US ED ONLY AS LONG AS T HE IMMINENT RISK PER SISTS. 12
(C) (1) A EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, 13
WHEN THE FINAL INTEN DED DESTINATION IS A RESIDENTIAL CHILD CA RE PROGRAM, 14
A YOUTH TRANSPORTATION COMPANY MAY NOT PICK UP A CHILD FOR TRANS PORT 15
TO A RESIDENTIAL CHI LD CARE PROGRAM BETW EEN THE HOURS OF 9 P.M. AND 6 16
A.M. 17
(2) PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY TO A 18
YOUTH TRANSPORTATION COMPANY UNDER CONTRA CT WITH THE DEPARTMENT OF 19
HUMAN SERVICES. 20
8–717. 21
(A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 22
ATTORNEY GENERAL MAY BRING AN ACTION AGAINST A YOU TH TRANSPORTATION 23
COMPANY FOR A VIOLATIO N OF § 8–716 OF THIS PART. 24
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 25
ATTORNEY GENERAL MAY SEEK : 26
(I) INJUNCTIVE RELIEF ; AND 27
(II) STATUTORY DAMAGES UP TO: 28
1. $1,000 FOR A FIRST OFFENSE ; AND 29
6 SENATE BILL 400
2. $3,000 FOR A SUBSEQUENT OFFENSE . 1
(B) (1) SUBJECT TO PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , AN 2
INDIVIDUAL MAY BRING AN ACTION AGAINST A YOUTH TRANSPORTATION COMPANY 3
FOR A VIOLATION OF § 8–716 OF THIS PART. 4
(2) IN AN ACTION BROUGHT UNDER THIS SUBSECTIO N, THE 5
INDIVIDUAL MAY SEEK : 6
(I) RESTITUTION; AND 7
(II) COMPENSATORY DAMAGES ; 8
(III) STATUTORY DAMAGES UP TO $500 PER VIOLATION; AND 9
(II) (IV) IF AWARDED RESTITUTI ON OR DAMAGES , 10
REASONABLE ATTORNEY ’S FEES. 11
(3) IF THE COURT DETERMIN ES THAT AN ACTION IS FRIVOLOUS OR 12
BROUGHT IN BAD FAITH UNDER THIS SUBSECTIO N, THE COURT MAY ORDER THE 13
OFFENDING PARTY TO P AY THE REASONABLE AT TORNEY’S FEES OF THE OTHER 14
PARTY. AN ACTION BROUGHT UND ER THIS SECTION SHAL L BE FILED WITHIN 10 15
YEARS AFTER THE DATE THAT THE VICTIM REACHES THE AGE OF M AJORITY. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 17
apply only prospectively and may not be applied or interpreted to have any effect on or 18
application to any cause of action arising before the effective date of this Act. 19
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2025. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.