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.
*sb0765*
SENATE BILL 765
D4, O4 5lr1625
CF HB 809
By: Senators Zucker, Folden, Gallion, Smith, and Waldstreicher
Introduced and read first time: January 27, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 24, 2025
CHAPTER ______
AN ACT concerning 1
Out–of–Home Placement Providers – Maximum Number of Children 2
– Exemption Individuals Enrolled in Higher Education and Vocational Training 3
Programs 4
FOR the purpose of requiring the Department of Human Services to adopt regulations 5
setting the maximum number of children that may be placed with an out–of–home 6
placement provider; establishing an exemption from the limitation on the number of 7
children that may be placed with an out–of–home placement provider under certain 8
circumstances; authorizing an individual enrolled in an accredited institution of 9
higher education or a residential vocational training program to return to an 10
out–of–home placement provider with whom the individual was previously placed 11
under certain circumstances; requiring an individual to make a request to a local 12
department of social services within a certain time period to return to an 13
out–of–home placement provider under certain circumstances; requiring a local 14
department to make a recommendation to the Department of Human Services 15
regarding a certain request within a certain period; requiring the Department to 16
make a determination regarding a local department’s recommendation within a 17
certain time period; and generally relating to the placement of children in return of 18
individuals enrolled in higher education and vocational training programs to 19
out–of–home care. 20
BY adding to 21
Article – Family Law 22
Section 5–525.3 23
Annotated Code of Maryland 24 2 SENATE BILL 765
(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 – Family Law 4
5–525.3. 5
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , THE 6
DEPARTMENT SHALL ADOP T REGULATIONS SETTIN G THE MAXIMUM NUMBER OF 7
CHILDREN THAT MAY BE PLACED WITH AN OUT –OF–HOME PLACEMENT PROVI DER. 8
(B) THE LIMITATION ON THE NUMBER OF CHILDREN P LACED WITH AN 9
OUT–OF–HOME PLACEMENT PR OVIDER IN ACCORDANCE WITH SUBSECTION (A) OF 10
THIS SECTION DOES NO T APPLY TO A CHILD E NROLLED IN AN ACCRED ITED 11
INSTITUTION OF HIGHE R EDUCATION: 12
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION , AN INDIVIDUAL 13
ENROLLED IN AN ACCRE DITED INSTITUTION OF HIGHER EDU CATION OR A 14
RESIDENTIAL VOCATION AL TRAINING PROGRAM MAY RETURN TO AN OUT –OF–HOME 15
PLACEMENT PROVIDER W ITH WHOM THE INDIVID UAL WAS PREVIOUSLY P LACED IF: 16
(1) WHO THE INDIVIDUAL IS UNABLE TO REMAIN ON THE 17
INSTITUTION’S OR TRAINING PROGRAM ’S CAMPUS DUE TO A SCHEDULED B REAK, A 18
TEMPORARY CLOSURE OF THE INSTITUTION OR TRAINING PROGRAM , OR A 19
TEMPORARY LEAVE OF A BSENCE; AND 20
(2) WHOSE THE INDIVIDUAL’S LIVING ARRANGEMENT IN THE HOME IS 21
MUTUALLY AGREED TO B Y THE CHILD INDIVIDUAL, THE OUT–OF–HOME PLACEMENT 22
PROVIDER, AND THE PROVIDER AGE NCY; AND 23
(3) THE DEPARTMENT HAS REVIEW ED AND APPROVED THE 24
INDIVIDUAL’S REQUEST TO RETURN TO THE OUT–OF–HOME PLACEMENT PROVI DER. 25
(B) (1) TO RETURN TO AN OUT –OF–HOME PLACEMENT PROVI DER WITH 26
WHOM AN INDIVIDUAL W AS PREVIOUSL Y PLACED DURING A SC HEDULED BREAK OF 27
AN INSTITUTION OF HI GHER EDUCATION OR A RESIDENTIAL VOCATION AL TRAINING 28
PROGRAM, THE INDIVIDUAL SHALL MAKE A REQUEST TO A LOCAL DEPARTMENT TO 29
RETURN TO THE OUT –OF–HOME PLACEMENT PROVI DER AT LEAST 30 DAYS BEFORE 30
THE SCHEDULED BREAK . 31
SENATE BILL 765 3
(2) A LOCAL DEPARTMENT SHA LL MAKE A RECOMMENDA TION TO THE 1
DEPARTMENT REGARDING A REQUEST MADE UNDER PARAGRAPH (1) OF THIS 2
SUBSECTION NOT LATER THAN 21 DAYS BEFORE THE SCHE DULED BREAK . 3
(3) IF A LOCAL DEPARTMENT RECOMMENDS APPROVING AN 4
INDIVIDUAL’S REQUEST TO RETURN TO AN OUT–OF–HOME PLACEMENT PROVI DER 5
DURING A SCHEDULED B REAK, THE DEPARTMENT SHALL MAKE A DETERMINATION 6
REGARDING THE LOCAL DEPARTMENT ’S RECOMMENDATION NOT LATER THAN 14 7
DAYS BEFORE THE SCHE DULED BREAK . 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
1, 2025. 10
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.