reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 3 - Maryland Uniform Interstate Family Support Act › Part VIII - Interstate Rendition › Section 10-367 - Grounds for Rendition

(a)    For purposes of this Part VIII, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this subtitle.
(b)    The Governor of this State may:
(1)    demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2)    on the demand by the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c)    A provision for extradition of individuals not inconsistent with this subtitle applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 3 - Maryland Uniform Interstate Family Support Act › Part VIII - Interstate Rendition › Section 10-368 - Conditions of Rendition

(a)    Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this subtitle or that the proceeding would be of no avail.
(b)    If, under this subtitle or a law substantially similar to this subtitle, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c)    If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the plaintiff prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 3 - Maryland Uniform Interstate Family Support Act › Part VIII - Interstate Rendition › Section 10-370 - Severability Clause

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-101 - Award -- in General

(a)    The court may award alimony:
(1)    on a bill of complaint for alimony; or
(2)    as a part of a decree that grants:
(i)    an annulment;
(ii)    a limited divorce; or
(iii)    an absolute divorce.
(b)    The court may award alimony to either party.
(c)    If a final disposition as to alimony has been made in an agreement between the parties, the court is bound by that agreement as the agreement relates to alimony.
(d)    Notwithstanding the provisions of subsections (a), (b), and (c) of this section, the court may not award alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in § 19-301 of the Health - General Article, if the petitioner attempts to satisfy the separation grounds for divorce under §§ 7-102 and 7-103 of this article based on the spouse’s residence in the related institution.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-102 - Award -- Alimony Pendente Lite

(a)    Except as provided in subsection (b) of this section, in a proceeding for divorce, alimony, or annulment of marriage, the court may award alimony pendente lite to either party.
(b)    The court may not award alimony pendente lite in a proceeding for alimony on a bill of complaint for alimony to the spouse of a resident in a related institution as defined in § 19-301 of the Health - General Article if the petitioner attempts to satisfy the separation grounds for divorce under §§ 7-102 and 7-103 of this article based on the spouse’s residence in a related institution.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-104 - Award -- Against Nonresident Defendant

(a)    In a proceeding for a limited or absolute divorce, the court may award to the plaintiff alimony as a part of a decree granting a divorce or alimony pendente lite, if:
(1)    the bill of complaint asks for alimony and says that the defendant owns property in this State; and
(2)    the court lacks or is unable to exercise personal jurisdiction over the defendant.
(b)    Any alimony or alimony pendente lite that is awarded under this section is payable only from the property referred to in the bill of complaint or the proceeds of that property. The court may pass any order regarding the property that is necessary to make the award effective.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-105 - Award -- Following Decree by Another Jurisdiction

If an annulment or a limited or absolute divorce has been granted by a court in another jurisdiction, a court in this State may award alimony to either party if:
(1)    the court in the other jurisdiction lacked or did not exercise personal jurisdiction over the party seeking alimony; and
(2)    the party seeking alimony was domiciled in this State at least 1 year before the annulment or divorce was granted.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-106 - Award -- Determination of Amount and Duration

(a)    (1)    The court shall determine the amount of and the period for an award of alimony.
(2)    The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3)    At the conclusion of the period of the award of alimony, no further alimony shall accrue.
(b)    In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1)    the ability of the party seeking alimony to be wholly or partly self-supporting;
(2)    the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3)    the standard of living that the parties established during their marriage;
(4)    the duration of the marriage;
(5)    the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6)    the circumstances that contributed to the estrangement of the parties;
(7)    the age of each party;
(8)    the physical and mental condition of each party;
(9)    the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
(10)    any agreement between the parties;
(11)    the financial needs and financial resources of each party, including:
(i)    all income and assets, including property that does not produce income;
(ii)    any award made under §§ 8-205 and 8-208 of this article;
(iii)    the nature and amount of the financial obligations of each party; and
(iv)    the right of each party to receive retirement benefits; and
(12)    whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health - General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.
(c)    The court may award alimony for an indefinite period, if the court finds that:
(1)    due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2)    even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-107 - Extension of Period; Modification of Amount

(a)    Subject to § 8-103 of this article, the court may extend the period for which alimony is awarded, if:
(1)    circumstances arise during the period that would lead to a harsh and inequitable result without an extension; and
(2)    the recipient petitions for an extension during the period.
(b)    Subject to § 8-103 of this article and on the petition of either party, the court may modify the amount of alimony awarded as circumstances and justice require.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-109 - Payment to Designee

(a)    In this section, “designee” means:
(1)    a support enforcement agency that is authorized by law to receive alimony payments for the recipient; or
(2)    a person who is designated by the court as trustee or guardian to receive alimony payments for the recipient.
(b)    The court may order that alimony payments be made to a designee.
(c)    A designee shall:
(1)    send the payments to the recipient; and
(2)    keep a record of:
(i)    the amount of each payment;
(ii)    the date that each payment must be made; and
(iii)    the name and address of each party.
(d)    Each party shall inform the designee of:
(1)    any change of address; or
(2)    any other fact that might affect the administration of the order.
(e)    If the party who is required to pay alimony fails to make a payment, the designee or the recipient may bring an enforcement proceeding.
(f)    The State’s Attorney may represent the designee in any enforcement proceeding that is brought under this section.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-110 - Order to Pay Reasonable and Necessary Expenses

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Proceeding” includes a proceeding for:
(i)    alimony;
(ii)    alimony pendente lite;
(iii)    modification of an award of alimony; and
(iv)    enforcement of an award of alimony.
(3)    “Reasonable and necessary expense” includes:
(i)    suit money;
(ii)    counsel fees; and
(iii)    costs.
(b)    At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.
(c)    Before ordering the payment, the court shall consider:
(1)    the financial resources and financial needs of both parties; and
(2)    whether there was substantial justification for prosecuting or defending the proceeding.
(d)    Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.
(e)    The court may award reimbursement for any reasonable and necessary expense that has previously been paid.
(f)    As to any amount awarded for counsel fees, the court may:
(1)    order that the amount awarded be paid directly to the lawyer; and
(2)    enter judgment in favor of the lawyer.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-111 - Allocation of Costs of Continued Health Insurance Coverage; Continuation or Reinstatement of Benefits

(a)    In accordance with the provisions of § 15-408 of the Insurance Article, the court may, either after a divorce is granted or pendente lite, allocate between the parties any additional costs of providing hospital, medical, or surgical benefits under a group contract or require continuation or reinstatement of such benefits.
(b)    A court may, either after a divorce or pendente lite, allocate between the parties any expenses incurred for continuation of hospital, medical, or surgical benefits made available under a group contract in accordance with federal law.
2023 Maryland Statutes › Family Law › Title 11 - Alimony › Section 11-112 - Authority of Court in Certain Cases of Insanity

When granting a limited divorce, an absolute divorce, or an annulment, if the court finds from the testimony of 2 or more physicians competent in psychiatry that 1 of the parties is permanently and incurably insane with no hope of recovery, then, notwithstanding any agreement between the parties, the court may require a party to:
(1)    pay alimony or support for the benefit of the insane party;
(2)    pay a lump sum, based on the life expectancy of the insane party and the financial condition of the other party, together with the insane party’s reasonable funeral expenses; or
(3)    give bond to this State conditioned on the payment for:
(i)    the care and support of the insane party for the rest of the insane party’s life; and
(ii)    the insane party’s reasonable funeral expenses.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 1 - General Provisions › Section 12-101 - Award by Court -- Authorized

(a)    (1)    Unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading that requests child support pendente lite, the court shall award child support for a period from the filing of the pleading that requests child support.
(2)    Notwithstanding paragraph (1) of this subsection, unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading filed by a child support agency that requests child support, the court shall award child support for a period from the filing of the pleading that requests child support.
(3)    For any other pleading that requests child support, the court may award child support for a period from the filing of the pleading that requests child support.
(b)    The court shall give credit for payments that the court finds have been made during the period beginning from the filing of the pleading that requests child support.
(c)    Any support order or modification of a support order that is passed on or after July 1, 1997 shall include a statement that:
(1)    each party is required to notify the court and any support enforcement agency ordered to receive payments, within 10 days of any change of address or employment; and
(2)    failure to comply with paragraph (1) of this subsection may result in a party not receiving notice of the initiation of a proceeding to modify or enforce a support order.
(d)    (1)    The court may order either parent to pay all or part of:
(i)    the mother’s medical and hospital expenses for pregnancy, confinement, and recovery; and
(ii)    medical support for the child, including neonatal expenses.
(2)    Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, any records relating to the cost of the mother’s medical and hospital expenses for pregnancy, childbirth, and recovery and any neonatal expenses of the child shall be admissible in evidence without the presence of a custodian of record and shall constitute prima facie evidence of the amount of expenses incurred.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 1 - General Provisions › Section 12-102.1 - Award by Court -- Medical Support Notice

(a)    A medical support notice:
(1)    may be issued by a child support agency in any child support case in which a circuit court of this State or tribunal of another jurisdiction has ordered a parent to include the child in the parent’s health insurance coverage; and
(2)    shall be issued by a child support agency in all child support cases enforced by the Administration in which a noncustodial parent’s employer is known and a circuit court of this State or tribunal of another jurisdiction has ordered the parent to include the child in the parent’s health insurance coverage, unless the court order or administrative order provides for alternative health insurance coverage.
(b)    A medical support notice shall:
(1)    be in a format approved by the federal government;
(2)    be a separate document that does not include any other orders or pleadings; and
(3)    include the following information:
(i)    a statement explaining the employer’s obligations under this subtitle to withhold any employee contributions due in connection with health insurance coverage for the employee’s child;
(ii)    a statement explaining that, subject to further orders of the circuit court of this State or tribunal of another jurisdiction, the employer is required to withhold the appropriate amount on a regular and continuing basis beginning with the next pay period after receipt of the appropriate part of the medical support notice indicating the employee’s child is eligible for enrollment;
(iii)    an explanation of the application of the federal Consumer Credit Protection Act limits;
(iv)    an explanation of the applicability of any prioritization required when available funds are insufficient for full withholding for both child support and medical support;
(v)    any other information that the employer needs to comply with the medical support notice;
(vi)    a statement that failure to comply with the medical support notice without good cause may subject the employer or carrier to civil penalties;
(vii)    a statement of the employee’s right to contest the withholding based on a mistake of fact; and
(viii)    the name and telephone number of the appropriate person to contact at the Administration about the medical support notice.
(c)    Subject to federal law, a medical support notice has priority over any other lien or legal process, except for current support and support arrears withheld under an earnings withholding order or notice.
(d)    A medical support notice that is completed appropriately and satisfies the conditions of § 609(a) of Title I of the Employee Retirement Income Security Act shall:
(1)    be treated as a qualified medical child support order by a carrier;
(2)    have the same force and effect as a qualified medical child support order; and
(3)    be enforceable in the same manner as a qualified medical child support order.
(e)    A medical support notice issued in another state shall be enforced in the same manner as a medical support notice issued in this State.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 1 - General Provisions › Section 12-102.3 - Administrative Contests of Withholdings

(a)    (1)    This section applies to administrative contests of withholdings from an employee’s earnings made by an employer for the purpose of complying with this title.
(2)    Nothing in this section may be construed to limit an employee’s right to judicially contest an underlying court order requiring the employee to provide health insurance coverage for the employee’s child.
(b)    (1)    An employee may only contest a withholding under this section based on a mistake of fact.
(2)    The only issues that may be contested are:
(i)    the identity of the employee;
(ii)    whether there is an underlying court order requiring the employee to provide health insurance coverage for the employee’s child;
(iii)    that the amount of the withholding exceeds the limits of the federal Consumer Credit Protection Act; and
(iv)    that the child for whom health insurance coverage is sought is emancipated.
(c)    An employee may contest a withholding by sending a written request for an investigation to the Administration within 15 days after receiving notice of the withholding from the employer.
(d)    If an employee requests an investigation, the Administration:
(1)    shall conduct an investigation within 15 days after the request; and
(2)    on completion of the investigation, shall notify the employee of the results of the investigation and the employee’s right to appeal the decision of the Administration to the Office of Administrative Hearings.
(e)    (1)    (i)    An employee may appeal the Administration’s decision to the Office of Administrative Hearings by filing a written request for a hearing with the Administration or the Office of Administrative Hearings.
(ii)    The request for a hearing shall be made:
1.    on a form provided by the Administration; and
2.    within 15 days after receiving the written results of the Administration’s investigation.
(2)    The only issues that may be contested in an administrative hearing are:
(i)    the identity of the employee;
(ii)    whether there is an underlying court order requiring the employee to provide health insurance coverage for the employee’s child;
(iii)    that the amount of the withholding exceeds the limits of the federal Consumer Credit Protection Act; and
(iv)    that the child for whom health insurance coverage is sought is emancipated.
(3)    An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(f)    Enrollment of the employee’s child may not be stayed or terminated until the employer receives written notice that the contest is resolved in the employee’s favor.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 1 - General Provisions › Section 12-103 - Award of Costs and Counsel Fees

(a)    The court may award to either party the costs and counsel fees that are just and proper under all the circumstances in any case in which a person:
(1)    applies for a decree or modification of a decree concerning the custody, support, or visitation of a child of the parties; or
(2)    files any form of proceeding:
(i)    to recover arrearages of child support;
(ii)    to enforce a decree of child support; or
(iii)    to enforce a decree of custody or visitation.
(b)    Before a court may award costs and counsel fees under this section, the court shall consider:
(1)    the financial status of each party;
(2)    the needs of each party; and
(3)    whether there was substantial justification for bringing, maintaining, or defending the proceeding.
(c)    Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party costs and counsel fees.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 1 - General Provisions › Section 12-104 - Modification of Child Support Award

(a)    The court may modify a child support award subsequent to the filing of a motion for modification and upon a showing of a material change of circumstance.
(b)    The court may not retroactively modify a child support award prior to the date of the filing of the motion for modification.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 1 - General Provisions › Section 12-104.1 - Suspension of Child Support Payments and Accrual of Arrearages for Incarcerated Obligors

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Administration” has the meaning stated in § 10–101 of this article.
(3)    “Obligee” has the meaning stated in § 10–101 of this article.
(4)    “Obligor” has the meaning stated in § 10–101 of this article.
(b)    A child support payment is not past due and arrearages may not accrue during any period when the obligor is incarcerated, and continuing for 60 days after the obligor’s release from confinement, if:
(1)    the obligor was sentenced to a term of imprisonment of 180 consecutive calendar days or more;
(2)    the obligor is not on work release and has insufficient resources with which to make payment; and
(3)    the obligor did not commit the crime with the intent of being incarcerated or otherwise becoming impoverished.
(c)    (1)    In any case in which the Administration is providing child support services under Title IV, Part D of the Social Security Act, the Administration may, without the necessity of any motion being filed with the court, adjust an incarcerated obligor’s payment account to reflect the suspension of the accrual of arrearages under subsection (b) of this section.
(2)    Before making an adjustment under paragraph (1) of this subsection, the Administration shall send written notice of the proposed action to the obligee, including the obligee’s right to object to the proposed action and an explanation of the procedures for filing an objection.
2023 Maryland Statutes › Family Law › Title 12 - Child Support › Subtitle 2 - Child Support Guidelines › Section 12-203 - Forms; Verification of Income

(a)    The Court of Appeals may issue standardized worksheet forms to be used in applying the child support guidelines set forth in this subtitle.
(b)    (1)    Income statements of the parents shall be verified with documentation of both current and past actual income.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, suitable documentation of actual income includes pay stubs, employer statements otherwise admissible under the rules of evidence, or receipts and expenses if self-employed, and copies of each parent’s 3 most recent federal tax returns.
(ii)    If a parent is self-employed or has received an increase or decrease in income of 20% or more in a 1-year period within the past 3 years, the court may require that parent to provide copies of federal tax returns for the 5 most recent years.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-102 - Prohibited Acts; Penalties

(a)    If a destitute adult child is in this State and has a parent who has or is able to earn sufficient means, the parent may not neglect or refuse to provide the destitute adult child with food, shelter, care, and clothing.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-103 - Complaint by Destitute Adult Child

(a)    A complaint under this section shall be made under oath in writing to a State’s Attorney.
(b)    An individual may make a complaint that states that:
(1)    the individual is a destitute adult child;
(2)    a parent of the destitute adult child has or is able to earn means sufficient to provide the destitute adult child with necessary food, shelter, care, and clothing; and
(3)    the parent has neglected or refused to provide the destitute adult child with necessary food, shelter, care, and clothing.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-104 - Pretrial Inquiry -- Powers of State's Attorney

(a)    After a complaint is filed under § 13-103 of this title and before an information is prepared, the State’s Attorney may hold a pretrial inquiry.
(b)    In connection with any pretrial inquiry under this section, the State’s Attorney may:
(1)    issue a summons that requires a person other than the accused individual to appear, to testify, and to produce documents connected to the inquiry;
(2)    administer oaths;
(3)    examine witnesses; and
(4)    receive evidence.
(c)    (1)    If a person fails to obey a summons, or fails to testify or comply with the requests of the State’s Attorney, the State’s Attorney may ask the circuit court for the county to order the person:
(i)    to obey the summons;
(ii)    to testify; or
(iii)    to produce any document that the court considers necessary for the inquiry.
(2)    If a person fails or refuses to obey the order of court after the order has been served, the person is in contempt of court and the court may punish the person for the contempt.
(3)    A finding of contempt under this subsection is subject to appeal.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-105 - Pretrial Inquiry -- Notice to Accused Individual

Before the State’s Attorney conducts an inquiry under § 13-104 of this title, the State’s Attorney shall notify the accused individual in writing of:
(1)    the time and place of the inquiry;
(2)    the accused individual’s right to appear at the inquiry and to produce evidence or information that relates to the matters examined; and
(3)    the accused individual’s right to testify if the individual:
(i)    notifies the State’s Attorney of the individual’s desire to testify; and
(ii)    signs a waiver that permits the individual’s testimony to be used against the individual in any later trial that arises from the complaint.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-106 - Filing of Information; Consent

(a)    The State’s Attorney may file an information that charges the accused individual with nonsupport of the individual’s destitute adult child, based on the complaint.
(b)    After filing an information, the State’s Attorney may seek to obtain the consent of the accused individual to the entry of a court order under § 13–107 of this title.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-107 - Order to Pay Support

(a)    With the written consent of the accused individual before charging or trial, or on conviction of the individual under this subtitle, the court shall order the individual:
(1)    to pay support:
(i)    to the individual’s destitute adult child; or
(ii)    if the destitute adult child is a public charge to the agency that is authorized by law to receive these payments; and
(2)    to give a bond with securities to this State, conditioned on compliance with the court’s order and any modification of the order.
(b)    In determining the amount of support, the court shall consider the financial circumstances of the individual.
(c)    The individual shall pay the support until the destitute adult child has other means of adequate support or dies.
(d)    The court may modify the order.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-108 - Failure to Give Bond

(a)    An individual who fails to give bond after being ordered to give bond under § 13–107 of this title is subject to imprisonment until bond is given, not exceeding 1 year.
(b)    In consideration of the financial circumstances of the accused individual, and on the individual’s entering into a recognizance, the court may:
(1)    suspend imposition of the sentence for failure to give bond; and
(2)    place the individual on probation for the period that the individual is required to pay support.
(c)    The recognizance ordered by the court shall be:
(1)    in the amount that the court directs, with or without security; and
(2)    on the conditions that:
(i)    if the individual is summoned to appear before the court, the individual shall appear; and
(ii)    the individual shall pay support as ordered by the court.
(d)    If an individual fails to pay support under the court’s order, the court may revoke the probation and impose the sentence for failure to give bond.
(e)    The court may order that any forfeited recognizance be paid:
(1)    to the individual’s destitute adult child; or
(2)    if the individual’s destitute adult child is a public charge, to the agency that is authorized by law to receive the forfeited recognizance.
2023 Maryland Statutes › Family Law › Title 13 - Support of Parents and Adult Children › Section 13-109 - Release From Order, Bond, or Recognizance

The court shall release an individual who is ordered to pay support under this subtitle and any sureties of that individual from the terms of any court order, bond, or recognizance under this subtitle if:
(1)    the individual or the individual’s destitute adult child dies;
(2)    the individual’s destitute adult child becomes self–supporting; or
(3)    the individual becomes unable to earn or loses possession of means sufficient to provide for the individual’s destitute adult child.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 1 - Definitions and General Provisions › Section 14-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Abuse” means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.
(c)    “Director” means the director of the local department in the county where the vulnerable adult lives.
(d)    “Disabled person” has the meaning stated in § 13–101(e) of the Estates and Trusts Article.
(e)    “Emergency” means any condition in which an individual is living that presents a substantial risk of death or immediate and serious physical harm to the individual or others.
(f)    “Exploitation” means any action which involves the misuse of a vulnerable adult’s funds, property, or person.
(g)    “Health practitioner” includes any person who is authorized to practice healing under the Health Occupations Article.
(h)    (1)    “Human service worker” means any professional employee of any public or private health or social services agency or provider.
(2)    “Human service worker” includes:
(i)    any social worker; and
(ii)    any caseworker.
(i)    “Law enforcement agency” means a State, county, or municipal police department, bureau, or agency.
(j)    Except as provided in §§ 14–201, 14–402, and 14–403 of this title, “local department” means the local department that has jurisdiction in the county:
(1)    where the vulnerable adult lives;
(2)    for purposes of a notice received under § 11–307 of the Corporations and Associations Article, where an individual who is at least 65 years old lives; or
(3)    where the abuse is alleged to have taken place.
(k)    “Local State’s Attorney” means the State’s Attorney for the county:
(1)    where the vulnerable adult lives; or
(2)    where the abuse is alleged to have taken place.
(l)    (1)    “Neglect” means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision.
(2)    “Neglect” does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment.
(m)    “Police officer” means any State or local officer who is authorized to make arrests as part of the officer’s official duty.
(n)    “Review board” means the adult public guardianship review board.
(o)    “Secretary” means the Secretary of Human Services.
(p)    “Self–neglect” means the inability of a vulnerable adult to provide the vulnerable adult with the services:
(1)    that are necessary for the vulnerable adult’s physical and mental health; and
(2)    the absence of which impairs or threatens the vulnerable adult’s well–being.
(q)    “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 1 - Definitions and General Provisions › Section 14-102 - Legislative Policy and Intent

(a)    It is the policy of the State that adults who lack the physical or mental capacity to care for their basic daily living needs shall have access to and be provided with needed professional services sufficient to protect their health, safety, and welfare.
(b)    The General Assembly intends that the provisions for appointment of public officials as guardian of the person be used sparingly and with utmost caution and only if an alternative does not exist.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 1 - Definitions and General Provisions › Section 14-103 - Scope of Title

This title does not apply to:
(1)    the abuse of a patient in a mental health facility, under Title 10 of the Health – General Article;
(2)    the abuse of a patient in a facility for individuals with an intellectual disability under Title 7 of the Health – General Article;
(3)    the abuse of a patient in a nursing home under Title 19 of the Health – General Article; or
(4)    the abuse of a patient in a hospital under Title 19 of the Health – General Article.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 2 - Adult Protective Services Program › Section 14-201 - Secretary of Human Services to Implement Program

To implement the policy set out in § 14–102 of this title, the Secretary, with the advice of the Secretary of Health and the Secretary of Aging, shall develop, supervise, and cause each local department to implement a program of protective services for disabled individuals and vulnerable adults.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 2 - Adult Protective Services Program › Section 14-202 - Scope of Program

(a)    The adult protective services program shall include:
(1)    intake and investigative services including, if appropriate, medical, social, and psychiatric evaluation;
(2)    planning for the needs of the recipient of services;
(3)    assistance to locate, apply for, and effectively use home care, day care, chore services, transportation, counseling, emergency arrangements, and other health and social services;
(4)    cooperation with the courts, including provision of any necessary recommendations, reports, or petitions;
(5)    counsel to represent any indigent recipient of services in any protective proceeding or any review board hearing conducted under Subtitle 3 or Subtitle 4 of this title, and assistance to locate, apply for, and effectively use other legal assistance;
(6)    notification of and participation by the Secretary of Aging or the director of the local office on aging, as appropriate, as a party in any protective proceeding or review board hearing relating to an individual who is 65 years old or older; and
(7)    notification of the appropriate criminal or juvenile delinquency court if the program has information indicating that the interests of the person with a disability as a victim are not adequately protected in a case before the court.
(b)    For adults 65 years old and over, the services of the protective services program shall be coordinated with the Department of Aging or the local office on aging as appropriate.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 2 - Adult Protective Services Program › Section 14-204 - Fee Schedule

(a)    Subject to the provisions of subsection (b) of this section, the Secretary shall establish a fee schedule based on financial ability to pay under which the individual who receives protective services, or the individual’s legally responsible relative shall reimburse the federal, State, or local government for the services provided.
(b)    An individual may not be charged a fee for protective services if:
(1)    federal law or federal regulations prohibit an income eligibility test for the protective service; or
(2)    the recipient is eligible for continuing financial aid under:
(i)    the federal program of Supplemental Security Income;
(ii)    the federal-State program of temporary cash assistance; or
(iii)    the State program of transitional emergency, medical, and housing assistance.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-302 - Reporting Abuse, Etc

(a)    (1)    Except as provided in paragraph (2) of this subsection, notwithstanding any law on privileged communications, each health practitioner, police officer, or human service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and who has reason to believe that the alleged vulnerable adult has been subjected to abuse, neglect, self–neglect, or exploitation shall:
(i)    notify the local department; and
(ii)    if acting as a staff member of a hospital or public health agency, immediately notify and give all the information required by this section to the head of the institution or the designee of the head.
(2)    An ombudsman, as defined in § 10–901 of the Human Services Article, shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or complainant except as authorized under 42 U.S.C. § 3058g(d)(2).
(b)    An individual who is required to make a report under subsection (a) of this section shall make the report by telephone, direct communication, or in writing to the local department as soon as possible.
(c)    Any individual other than a health practitioner, human service worker, or police officer who has reason to believe that an alleged vulnerable adult has been subjected to abuse, neglect, self–neglect, or exploitation may file with the local department an oral or written report of the suspected abuse, neglect, self–neglect, or exploitation.
(d)    Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:
(1)    the name, age, and home address of the alleged vulnerable adult;
(2)    the name and home address of the person responsible for the care of the alleged vulnerable adult;
(3)    the whereabouts of the alleged vulnerable adult;
(4)    the nature of the alleged vulnerable adult’s incapacity;
(5)    the nature and extent of the abuse, neglect, self–neglect, or exploitation of the alleged vulnerable adult, including evidence or information available to the reporter concerning previous injury possibly resulting from abuse, neglect, self–neglect, or exploitation; and
(6)    any other information that would help to determine:
(i)    the cause of the suspected abuse, neglect, self–neglect, or exploitation; and
(ii)    the identity of any individual responsible for the abuse, neglect, self–neglect, or exploitation.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-303 - Investigation

(a)    To protect the welfare of the alleged vulnerable adult the local department shall begin a thorough investigation:
(1)    within 5 working days after the receipt of the report of suspected abuse, neglect, self–neglect, or exploitation; or
(2)    within 24 hours after the receipt of the report of suspected abuse, neglect, self–neglect, or exploitation if the report indicates that an emergency exists.
(b)    The investigation shall include:
(1)    a determination of whether:
(i)    the individual is a vulnerable adult; and
(ii)    there has been abuse, neglect, self–neglect, or exploitation; and
(2)    if the individual is determined to be a vulnerable adult and to have suffered abuse, neglect, self–neglect, or exploitation:
(i)    a determination of the nature, extent, and cause of the abuse, neglect, self–neglect, or exploitation;
(ii)    a determination of the identity of the person or persons responsible for the abuse, neglect, self–neglect, or exploitation;
(iii)    an evaluation of the home environment; and
(iv)    a determination of any other pertinent facts.
(c)    (1)    On request by the local department, the local State’s Attorney or the appropriate law enforcement agency shall assist in the investigation.
(2)    As appropriate, the local office on aging or the Department of Aging, local geriatric evaluation service, or any other public or private agency, including a fiduciary institution, providing services or care to the alleged vulnerable adult or whose information or expertise may be of assistance in assessing risk or planning services may assist in the investigation on the request by the local department.
(3)    Any agencies set out in this subsection may jointly agree to cooperative arrangements for investigation.
(d)    An investigation under this section shall be completed within:
(1)    60 days; or
(2)    10 days if the report indicates that an emergency exists.
(e)    Parties participating in an investigation may share pertinent client information relevant to the investigation.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-304 - Emergencies

(a)    If, in the course of an investigation under § 14–303 of this subtitle, a representative of the local department believes that an emergency exists, the representative may contact the local law enforcement agency.
(b)    A police officer shall:
(1)    accompany the representative; and
(2)    if the police officer agrees that an emergency exists as described in § 13–709(a) of the Estates and Trusts Article, the officer shall ensure that the individual is transported to an appropriate health care facility under § 13–709(a) of the Estates and Trusts Article.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-305 - Duties of Local Department After Investigation

Based on the investigation under this subtitle, the local department shall:
(1)    render or assist a vulnerable adult to receive the appropriate services in the best interests of the vulnerable adult under the program of adult protective services;
(2)    as appropriate, involve the local office on aging;
(3)    report to the appropriate local law enforcement agency any incident of abuse, neglect, or exploitation of an alleged vulnerable adult where the possibility of a crime being committed against the alleged vulnerable adult is indicated by information provided in the initial report to the local department or by information obtained in the course of investigation; and
(4)    send to the local State’s Attorney and the appropriate local law enforcement agency a report of the investigation of any incident of abuse, neglect, or exploitation of an alleged vulnerable adult which was or should have been reported to the appropriate local law enforcement agency under item (3) of this section.
2023 Maryland Statutes › Family Law › Title 14 - Adult Protective Services › Subtitle 3 - Investigation Provisions › Section 14-307 - Providing Protective Services

(a)    If after the investigation under this subtitle the director determines that the individual requires protective services, with the individual’s consent, the director shall provide the services.
(b)    If the individual is unwilling or unable to accept protective services voluntarily, the director may petition the court for:
(1)    an emergency order for protective services under Title 13, Subtitle 7 of the Estates and Trusts Article;
(2)    the appointment of a guardian of the person under Title 13, Subtitle 7 of the Estates and Trusts Article; or
(3)    the appointment of a guardian of the property under Title 13, Subtitle 2 of the Estates and Trusts Article.
(c)    The director shall submit with any petition filed under this section the findings of the investigation under § 14-303 of this subtitle, including:
(1)    an evaluation of the medical, psychiatric, and social factors that affect the individual’s condition; and
(2)    a description of recommended services.
(d)    The director shall notify the Secretary of Aging or director of the local office on aging, as appropriate, of each guardianship proceeding that the director institutes under this subtitle that involves an individual who is 65 years old or older.
(e)    If, as a result of a proceeding that the director institutes under this subtitle, the court appoints the director as guardian, the guardianship:
(1)    shall transfer automatically to each individual who becomes director, unless the court terminates the guardianship; and
(2)    may not be delegated to any other person.