reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part III - Pleading, Process, and Practice › Section 5-1012 - Answer

(a)    At any time before the case is called for trial, the defendant may file a written answer to the complaint.
(b)    The answer need not be in any particular form.
(c)    The court shall enter a general denial of the complaint on behalf of the defendant if the defendant does not:
(1)    file a written answer; or
(2)    admit the material allegations of the complaint in open court.
(d)    To ensure that the defendant understands the nature and substance of the complaint, the court shall read or explain the complaint to the defendant if the defendant:
(1)    appears for trial without filing a written answer; or
(2)    files a written answer admitting the complaint and is not represented by counsel.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part III - Pleading, Process, and Practice › Section 5-1013 - Party Under Legal Disability

(a)    A party under legal disability need not proceed by guardian, committee, or next friend or defend by guardian ad litem, committee, or court-appointed counsel under this subtitle.
(b)    Any proceeding under this subtitle by or against a party under legal disability and any action taken by counsel on behalf of a party under legal disability is binding on that party as if that party were not under legal disability.
(c)    Any person who has knowledge of a party’s legal disability shall advise the court of that disability. This duty to advise the court applies particularly to the counsel for the parties.
(d)    The court may take any action and order any proceedings that the court considers just and proper to protect the rights of a party under legal disability.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part III - Pleading, Process, and Practice › Section 5-1014 - Warrant; Summons; Bond

(a)    When a complaint is filed under this subtitle, the court may issue, to assure the appearance of the defendant at trial:
(1)    a summons for the appearance of the defendant; or
(2)    a warrant for the arrest of the defendant.
(b)    (1)    The summons shall state the time and place for the defendant to appear at trial.
(2)    If the defendant fails to appear as directed in the summons, the court may issue, at any time, a warrant for the defendant’s arrest.
(c)    The arrest warrant shall direct any officer of this State who is authorized to execute warrants to bring the defendant before the court to answer and have the matters in the complaint adjudicated.
(d)    (1)    If a defendant is arrested under a warrant, the defendant shall be taken before:
(i)    the court that issued the warrant; or
(ii)    a commissioner of the District Court.
(2)    The court or commissioner shall set bond for the defendant. The bond shall be conditioned on:
(i)    the defendant’s appearance in the issuing court on the date and at the time specified in the warrant; and
(ii)    the defendant’s obedience to any order of the court in the proceedings.
(3)    The court or commissioner may require on the bond the securities or sureties the court or the commissioner considers appropriate.
(4)    If the defendant does not give bond, the court or commissioner shall order the defendant imprisoned in the city or county jail until bond is given or until the issuing court discharges the defendant.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part III - Pleading, Process, and Practice › Section 5-1016 - Voluntary Support Agreement

(a)    (1)    Before or after the filing of a complaint, the alleged father may propose a settlement concerning the child’s support whether the alleged father admits or denies paternity.
(2)    The proposed contribution may be in a lump sum, installments, or otherwise.
(b)    A settlement agreement shall be prepared, executed, and submitted to the court for approval if:
(1)    the complainant agrees to accept the settlement;
(2)    the attorney for the Administration is satisfied that the amount and terms of the settlement are fair and reasonable;
(3)    the complainant has been advised properly regarding the contents of the settlement; and
(4)    the complainant is competent to accept the settlement.
(c)    If the court approves the settlement agreement, the terms of the agreement shall be incorporated in a court order.
(d)    A court order incorporating a settlement agreement is as enforceable as any order that is passed after a hearing.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part IV - Pretrial Inquiry by State's Attorney › Section 5-1019 - Powers of State's Attorney

(a)    This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney.
(b)    Before or after a complaint is filed under this subtitle, the State’s Attorney may hold a pretrial inquiry.
(c)    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 alleged father, to appear, to testify, and to produce documents connected with the examination;
(2)    administer oaths;
(3)    examine witnesses; and
(4)    receive evidence.
(d)    (1)    If a person fails to obey a summons, or fails to testify or comply with a request of the State’s Attorney, the State’s Attorney may request 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 5 - Children › Subtitle 10 - Paternity Proceedings › Part IV - Pretrial Inquiry by State's Attorney › Section 5-1020 - Notice to Alleged Father

(a)    This section applies only to jurisdictions in which the Administration is represented by a State’s Attorney.
(b)    Before the State’s Attorney conducts a pretrial inquiry under this subtitle, the State’s Attorney shall notify the parties in writing of:
(1)    the time and place of the inquiry;
(2)    the alleged father’s right to appear at the inquiry and to produce evidence or information that relates to the inquiry; and
(3)    the alleged father’s right to testify in his own behalf before the State’s Attorney, if the alleged father:
(i)    notifies the State’s Attorney of the alleged father’s desire to testify; and
(ii)    signs a waiver that permits his testimony to be used against him in the paternity proceeding.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part IV - Pretrial Inquiry by State's Attorney › Section 5-1021 - Blood Test

(a)    The attorney for the Administration may request any individual named in a paternity complaint to submit to a blood or genetic test.
(b)    If the individual refuses the attorney for the Administration’s request to submit to a blood or genetic test, the attorney for the Administration may apply to the circuit court for an order that directs the individual to submit to the test.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part V - Hearing on Complaint › Section 5-1024 - Failure of Defendant to Appear

(a)    If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, the court, in the absence of the defendant, shall, unless there is good cause to the contrary:
(1)    proceed with the hearing on the complaint; and
(2)    (i)    issue a default judgment adjudicating paternity if the court is satisfied by the evidence presented by the petitioner; or
(ii)    pass any other order that is just and proper.
(b)    Any order passed under subsection (a) of this section shall be binding on and enforceable against the defendant as if the defendant were present at the hearing.
(c)    If a defendant fails to appear after being summoned or after giving bond as required by § 5-1014 of this subtitle, bond shall be forfeited and applied to the payment of any obligation imposed by an order passed in the proceeding.
(d)    If a defendant fails to appear after being properly summoned or after giving bond as required by § 5-1014 of this subtitle, the defendant remains subject to arrest and whatever other disposition the court may order.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part V - Hearing on Complaint › Section 5-1025 - Trial to Be Held After Birth of Child

(a)    The trial may not be held until after the birth of the child who is the subject of the proceeding.
(b)    If a complaint is filed before the birth of the child, then, until the trial is held, the court may:
(1)    order the alleged father or the pregnant woman to give bond, as provided in § 5-1014 of this subtitle, conditioned on the party:
(i)    appearing in the proceeding; and
(ii)    complying with any further orders of the court;
(2)    increase or decrease any bond previously given by the alleged father or the pregnant woman; and
(3)    conduct any other preliminary proceeding that the court considers just and proper.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part V - Hearing on Complaint › Section 5-1026 - Trial to Be Held After Birth of Child -- Procedure

(a)    The court shall hear the complaint without a jury.
(b)    Except as otherwise provided in this subtitle, proceedings under this subtitle shall be treated in accordance with the laws, rules, and practice that relate to trials in other civil cases.
(c)    In a trial under this subtitle, no comment on or reference to an alleged father’s failure to testify may be made or permitted.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part V - Hearing on Complaint › Section 5-1027 - Trial to Be Held After Birth of Child -- Burden of Proof; Presumptions; Testimony

(a)    At the trial, the burden is on the complainant to establish by a preponderance of the evidence that the alleged father is the father of the child.
(b)    Both the mother and the alleged father are competent to testify at the trial.
(c)    The provisions of Title 1, Subtitle 2 of the Estates and Trusts Article regarding presumptions of parentage apply in an action under this subtitle.
(d)    The alleged father may not be compelled to give evidence at the trial.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1032 - Declaration of Paternity; Support by Father

(a)    If the court finds that the alleged father is the father, the court shall pass an order that:
(1)    declares the alleged father to be the father of the child; and
(2)    provides for the support of the child.
(b)    (1)    The father shall pay the sum to be specified in the order until the first to occur of the following events:
(i)    the child becomes an adult;
(ii)    the child dies;
(iii)    the child marries; or
(iv)    the child becomes self-supporting.
(2)    If the child is an adult but is destitute and cannot be self-supporting because of a physical or mental infirmity, the court may require the father to continue to pay support during the period of the infirmity.
(c)    Any money that is due for child support under this subtitle and is unpaid at the time the child becomes an adult, dies, marries, or becomes self-supporting is a continuing obligation of any party bound by the order of court until the money is paid.
(d)    The court shall pass an immediate and continuing withholding order on earnings of the father in accordance with Title 10, Subtitle 1, Part III of this article.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1033 - Support by Either Parent; Hospital, Funeral, and Legal Expenses

(a)    In a paternity proceeding, the court may order the father or the mother to pay all or part of any 1 or more of the following:
(1)    the support of the child;
(2)    the mother’s medical and hospital expenses for pregnancy, childbirth, and recovery; and
(3)    the funeral expenses of the child.
(b)    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 records and shall constitute prima facie evidence of the amount of expenses incurred.
(c)    The court in a paternity proceeding may order the father to pay either or both of the following:
(1)    all or part of the medical support of the child, including neonatal expenses; and
(2)    counsel fees to the counsel who represents the complainant.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1034 - To Whom Payment Made

(a)    The court may direct that any payment ordered under this subtitle be made to the mother or any other person.
(b)    If the child is, or is likely to become, a public charge, the court may order any payment ordered under this subtitle to be made to the appropriate support enforcement agency for the support of the child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1035 - Miscellaneous Provisions in Order

(a)    In an order passed under this subtitle, the court may include a provision, directed to any party, regarding:
(1)    custody of the child;
(2)    visitation privileges with the child;
(3)    giving bond; or
(4)    any other matter that is related to the general welfare and best interests of the child.
(b)    In an order passed under this subtitle, the court may order any party:
(1)    to remain in this State; or
(2)    to report to the court any change of address.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1036 - Costs

(a)    Except as otherwise provided in this section, the court may award costs under this subtitle in accordance with the Maryland Rules.
(b)    The court may order all or part of the costs to be paid by the county where the proceeding is instituted.
(c)    The court may order any party to pay the costs of the proceeding.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1038 - Finality; Modification

(a)    (1)    Except as provided in paragraph (2) of this subsection, a declaration of paternity in an order is final.
(2)    (i)    A declaration of paternity may be modified or set aside:
1.    in the manner and to the extent that any order or decree of an equity court is subject to the revisory power of the court under any law, rule, or established principle of practice and procedure in equity; or
2.    if a blood or genetic test done in accordance with § 5-1029 of this subtitle establishes the exclusion of the individual named as the father in the order.
(ii)    Notwithstanding subparagraph (i) of this paragraph, a declaration of paternity may not be modified or set aside if the individual named in the order acknowledged paternity knowing he was not the father.
(b)    Except for a declaration of paternity, the court may modify or set aside any order or part of an order under this subtitle as the court considers just and proper in light of the circumstances and in the best interests of the child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1039 - Finding for Alleged Father

(a)    If the court finds that the alleged father is not the father, the court may:
(1)    retain jurisdiction; and
(2)    on its own motion or otherwise, take any further proceeding that the court considers just and proper and in the best interests of the child.
(b)    Under this section, the court may:
(1)    enter an appropriate order against the mother for the support of the child;
(2)    allow the impleader or joinder of any other alleged father; or
(3)    consider any other matter that may be in the best interests of the child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1040 - Sealing of Papers

(a)    On completion of a paternity proceeding, the court may order the clerk of court:
(1)    to seal all papers in the case; and
(2)    not to open any papers in the case, except on order of the court.
(b)    In any further proceeding under § 5-1038 of this subtitle on support payments or custody, the papers in the case, once ordered sealed, shall remain sealed unless the court orders otherwise.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1041 - Enforcement of Order

(a)    A court order under this subtitle is enforceable in the same manner and to the same extent as any other order of an equity court in this State.
(b)    If an individual fails to make a support payment ordered under this subtitle, the individual shall be served with an order that directs the individual to show cause why that individual should not be held in contempt.
(c)    (1)    The court shall issue a warrant for the arrest of any individual who:
(i)    fails to appear in response to a show–cause order served on the individual under this section; or
(ii)    cannot be served with the show–cause order.
(2)    A warrant issued under this subsection shall be issued as provided in § 5–1014 of this subtitle.
(d)    If the court finds that an individual has failed to make a support payment ordered under this subtitle while having the means to pay, the court:
(1)    shall find the individual guilty of civil contempt; and
(2)    may order the individual imprisoned until the individual complies with the support order or otherwise purges the contempt.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VI - Court Order › Section 5-1042 - Bond to Comply With Order

(a)    In a paternity proceeding, the court may order that either or both of the parents of the child give bond in the form and penalty the court directs, with or without securities.
(b)    The bond to be given by a parent shall be conditioned on:
(1)    the performance of all provisions of the order and any subsequent modification to the order;
(2)    the parent not leaving this State without the court’s permission; and
(3)    the parent not changing address within this State without giving proper notice to a support enforcement officer or other person the court designates.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VII - Miscellaneous Provisions › Section 5-1047 - Paternity Docket

(a)    The clerk of the circuit court shall keep a docket known as the “paternity docket”.
(b)    The paternity docket shall contain the records, proceedings, and orders that relate to each case brought under this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part VII - Miscellaneous Provisions › Section 5-1048 - Out-of-State Adjudication

A finding of paternity established in any other state shall have the same force and effect in a proceeding under this subtitle as in any other civil proceeding in this State if:
(1)    with respect to an adjudication of paternity, the finding was established by a court or by an administrative process that includes a right to appeal to a court; or
(2)    with respect to a finding of paternity that is based on an affidavit of parentage, the affidavit was signed after each signatory to the affidavit was advised of their legal rights.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 11 - Community Grant Program › Section 5-1101 - Authority of Governor to Award Grants

(a)    The Governor may provide funding in the State budget for the awarding of grants for the development of community programs designed to educate children, parents, and other interested persons on the prevention of:
(1)    child physical or sexual abuse; and
(2)    child alcohol and drug abuse.
(b)    Subject to the provisions of this subtitle, grants shall be awarded on a competitive basis to private organizations or public agencies submitting proposed programs for the prevention of child physical or sexual abuse and child alcohol and drug abuse.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 11 - Community Grant Program › Section 5-1102 - Grant Award Procedures -- Department of Human Services

(a)    All proposals for funding received under this subtitle designed to address the prevention of child physical or sexual abuse shall be reviewed by a selection committee composed of the following members:
(1)    2 persons designated by the Secretary of Human Services, of which 1 person shall have prior experience in local community child abuse prevention programs;
(2)    2 persons designated by the State Superintendent of Schools, of which 1 person shall have prior experience in local community child abuse prevention programs; and
(3)    The Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services who shall serve as the chairman of the committee.
(b)    The Secretary of Human Services shall establish procedures for the grant award process and publish appropriate notice in the Maryland Register and in newspapers of general circulation concerning the submittal of proposals for funding under this section.
(c)    The Department shall administer the child abuse prevention grant program created under this subtitle and shall compile appropriate information regarding the awarding and use of grants received under this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 11 - Community Grant Program › Section 5-1103 - Grant Award Procedures -- Maryland Department of Health

(a)    All proposals for funding received under this subtitle designed to address the prevention of child alcohol and drug abuse shall be reviewed by a selection committee composed of the following members:
(1)    2 persons designated by the Secretary of Health, of which 1 person shall have prior experience in local community alcohol and drug abuse prevention programs;
(2)    2 persons designated by the State Superintendent of Schools, of which 1 person shall have prior experience in local community alcohol and drug abuse prevention programs; and
(3)    the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services who shall serve as chairman of the committee.
(b)    The Secretary of Health shall establish procedures for the grant award process and publish appropriate notice in the Maryland Register and in newspapers of general circulation concerning the submittal of proposals for funding under this section.
(c)    The Maryland Department of Health shall administer the alcohol and drug abuse prevention grant program created under this subtitle and shall compile appropriate information regarding the awarding and use of grants received under this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 11 - Community Grant Program › Section 5-1104 - Criteria for Judging Proposals; Awards

(a)    (1)    In reviewing and ranking proposals, the selection committees established under §§ 5–1102 and 5–1103 of this subtitle shall place additional value on proposals that are designed to:
(i)    reach the largest possible number of parents, children, and youth in a community;
(ii)    involve local government officials and other community leaders; and
(iii)    be supplemented by local or private funding.
(2)    The selection committees shall attempt to achieve a broad geographic distribution of funding, to the extent that a proposal has merit, in their recommendations to the Governor.
(b)    Based solely on the recommendations of the selection committees, the Governor shall award grants, not to exceed $10,000 each, to further the purposes of this subtitle.
(c)    All grant awards under this subtitle shall be identified and briefly described in annual reports developed by the Department of Human Services for grants awarded under § 5–1102 of this subtitle and by the Maryland Department of Health for grants awarded under § 5–1103 of this subtitle. These reports shall be presented to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.
(d)    In conjunction with the grant programs established under this subtitle, each year the Governor shall proclaim a Drug and Alcohol Abuse Prevention Awareness Week and a Child Abuse Prevention Awareness Week to focus public attention on these problems.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 12 - Integration of Child Welfare and Substance Abuse Treatment Services › Section 5-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “At–risk parent” means a parent of a child entering out–of–home placement or identified as at risk of entering out–of–home placement.
(c)    “Child welfare personnel” means paraprofessionals, caseworkers, casework supervisors, and administrators who work in child welfare programs administered by the Department.
(d)    Repealed.
(e)    “Cross–training” means training of both child welfare and substance abuse treatment personnel, provided by qualified trainers with an approved curriculum in essential areas, including both substance abuse and child welfare practices, procedures, and laws.
(f)    Repealed.
(g)    “Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.
(h)    “Qualified addictions specialist” means an individual who meets the qualifications for substance abuse counseling and screening established by the Maryland Department of Health.
(i)    “Substance abuse testing” means testing that is performed by urinalysis, breathalyzer, dip stick, blood testing, or hair analysis to determine if an individual has used either drugs or alcohol.
(j)    “Substance abuse treatment” means a program that provides the intensity and type of treatment needed for parents and their children to maximize the likelihood of long–term abstinence, including detoxification, intensive outpatient treatment, intermediate care and other residential treatment (including programs in which parents and their children can live and receive treatment together), and aftercare programs such as transitional housing.
(k)    “Substance abuse treatment personnel” means personnel who work in a substance abuse treatment program.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 12 - Integration of Child Welfare and Substance Abuse Treatment Services › Section 5-1202 - Statewide Protocol for Integrating Welfare and Substance Abuse Treatment Services

(a)    On or before December 1, 2000, the Secretary of Human Services and the Secretary of Health shall, after consultation with a broad range of child welfare professionals, substance abuse experts, judges, attorneys, managed care organizations, health care providers, local departments, local health departments, and child advocates, develop a statewide protocol for integrating child welfare and substance abuse treatment services that includes at a minimum the following:
(1)    requiring cross–training for all child welfare and substance abuse treatment personnel;
(2)    developing an approved curriculum for the cross–training and criteria for qualified trainers using best practices from other states;
(3)    a plan for providing financial incentives for both child welfare personnel and addictions personnel who achieve specified levels of expertise;
(4)    placing qualified addictions specialists, including an addictions specialist under § 5–314 of the Human Services Article, in all child welfare offices, based on a caseload formula developed by the Department;
(5)    in all cases accepted for child abuse and neglect investigation or out–of–home placement, ensuring that parents are screened for substance abuse and, where there is any reasonable suspicion of substance abuse, ensuring that qualified addictions specialists have the:
(i)    information needed regarding the circumstances of the family and any evidence that substance abuse exists; and
(ii)    opportunity to consult with the parents and children;
(6)    specifying the circumstances under which a local department shall include in its petition for a child in need of assistance a request that a juvenile court order comprehensive drug and alcohol assessment and testing;
(7)    establishing a procedure for notifying the local department of the results of substance abuse assessment and testing;
(8)    establishing a procedure for notifying an at–risk parent of the availability of substance abuse treatment; and
(9)    developing procedures for routine consultation and reevaluation of progress in substance abuse treatment at every step as a child welfare case proceeds.
(b)    No later than December 1, 2000, the Secretary of Human Services and the Secretary of Health shall submit a report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Economic and Environmental Affairs Committee, the House Appropriations Committee, and the House Environmental Matters Committee that:
(1)    sets forth the statewide protocol developed under this section; and
(2)    identifies the amount and sources of funds that are being used to implement the statewide protocol developed under this section and the other requirements of this subtitle.
(c)    The statewide protocol developed under this section shall be implemented in each county of the State.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 12 - Integration of Child Welfare and Substance Abuse Treatment Services › Section 5-1203 - Substance Abuse Assessment and Testing

At an adjudicatory hearing on a petition for a child in need of assistance, if a local department requests substance abuse assessment and testing for a parent, a juvenile court shall order the assessment and testing unless the juvenile court finds compelling reasons not to order the assessment and testing and provides the reasons in writing.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 12 - Integration of Child Welfare and Substance Abuse Treatment Services › Section 5-1204 - Funding

Subject to the availability of funds, the Governor shall include in the State budget for fiscal year 2002 and all succeeding fiscal years sufficient funds to ensure that:
(1)    each at-risk parent receives substance abuse treatment when the at-risk parent indicates a desire to enter substance abuse treatment or as soon thereafter as possible; and
(2)    each child of an at-risk parent receives necessary treatment to remediate the harm caused by the parent’s substance abuse.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 12 - Integration of Child Welfare and Substance Abuse Treatment Services › Section 5-1206 - Annual Reports on Progress

(a)    On or before December 15, 2000, and annually thereafter until December 15, 2007, the Secretary of Human Services and the Secretary of Health shall report to the Governor and, subject to § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, and the House Health and Government Operations Committee, on their progress in complying with the provisions of this subtitle.
(b)    The report shall compare the availability of substance abuse treatment slots for at–risk parents and their children relative to actual demand and estimated need.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 12 - Integration of Child Welfare and Substance Abuse Treatment Services › Section 5-1207 - Considerations in Protocol Development

(a)    The Secretary of Human Services and the Secretary of Health shall, in developing the protocol required under § 5–1202 of this subtitle, consider the recommendations developed by the statewide Task Force to Study Increasing the Availability of Substance Abuse Programs established under Article 41, § 18–316 of the Code, as enacted by Chapter 778 of the Acts of the General Assembly of 1998, as amended by Chapter 390 of the Acts of the General Assembly of 1999.
(b)    (1)    On or before June 30, 2001, the Secretary of Human Services and the Secretary of Health shall enter into a memorandum of understanding setting forth the responsibilities of each department to implement the provisions of this subtitle.
(2)    Subject to § 2–1257 of the State Government Article, the Secretary of Human Services and the Secretary of Health shall submit a copy of the memorandum of understanding entered into under paragraph (1) of this subsection to the Senate Budget and Taxation Committee, the Senate Economic and Environmental Affairs Committee, the House Appropriations Committee, and the House Environmental Matters Committee.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Abuse” has the meaning stated in § 5–701 of this title.
(c)    “Administration” means the Social Services Administration of the Department.
(d)    “Child” means any individual under the age of 18 years.
(e)    “Indicated” has the meaning stated in § 5–701 of this title.
(f)    “Kinship care” has the meaning stated in § 5–501 of this title.
(g)    “Local department” has the meaning stated in § 1–101 of this article.
(h)    “Neglect” has the meaning stated in § 5–701 of this title.
(i)    “Out–of–home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.
(j)    “Ruled out” has the meaning stated in § 5–701 of this title.
(k)    “Secretary” means the Secretary of Human Services.
(l)    “Unsubstantiated” has the meaning stated in § 5–701 of this title.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1302 - Outcome Measurement System

(a)    The Secretary and the Secretary of Budget and Management shall develop and implement an outcome-based system of accountability for measuring the efficiency and effectiveness of child welfare services for children and families in the State.
(b)    The outcome measurement system shall:
(1)    address areas of safety, permanence, and well-being for all children in the State child welfare system;
(2)    measure performance at the State and local levels;
(3)    expand on federal outcome measures;
(4)    use the indicators in §§ 5-1303 through 5-1306 of this subtitle to measure outcomes; and
(5)    be used in whole or in part in the Department’s annual managing for results submission.
(c)    The Secretary shall adopt regulations that establish guidelines for the collection of information at the State and local levels under this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1303 - Measurement of Efforts -- Addressing Child Abuse and Neglect

The effectiveness of efforts to address child abuse and neglect shall be measured by:
(1)    the recurrence within 12 months of child abuse or neglect among victims of indicated abuse or neglect;
(2)    the percentage of screened out reports of child abuse or neglect that are documented as reviewed by a supervisor;
(3)    the incidence of child abuse or neglect for a child who, in the prior 12 months, was not removed from the home following an investigation that found indicated or unsubstantiated abuse or neglect;
(4)    the percentage of child protective services investigations that are initiated and completed in accordance with § 5-706 of this title;
(5)    for all indicated and substantiated cases of abuse and neglect, the percentage of children who:
(i)    receive family preservation services; and
(ii)    are able to remain safely in their own homes for 18 months after receiving family preservation services; and
(6)    any other indicators adopted by the Secretary under § 5-1302 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1304 - Measurement of Efforts -- Protection of Children Removed From Homes From Abuse and Neglect

The effectiveness of efforts to protect children removed from their homes from abuse and neglect shall be measured by:
(1)    the incidence of indicated or unsubstantiated findings of child abuse or neglect of children in the custody of a local department, or a placement agency, for placements:
(i)    in foster care homes;
(ii)    in kinship care homes;
(iii)    in residential treatment centers or group homes;
(iv)    with family members; and
(v)    in other forms of substitute care;
(2)    the incidence of indicated or unsubstantiated findings of child abuse or neglect within 12 months following the release of the child committed to the Department; and
(3)    any other indicators adopted by the Secretary under § 5-1302 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1305 - Measurement of Efforts -- Permanency and Stability in Living Conditions

The effectiveness of efforts to address permanency and stability in the living situations of children in the custody of a local department, or a placement agency, shall be measured by:
(1)    the percentage of children who exit foster care within time periods consistent with federal national standards with a breakdown by each standard;
(2)    the percentage of children with more than two out-of-home placements during a report year;
(3)    the percentage of children in the custody of a local department, or a placement agency, who have siblings living in different placements;
(4)    the percentage of children who exit foster care and are:
(i)    reunified with a parent or guardian;
(ii)    placed with a relative who is awarded custody and guardianship;
(iii)    adopted; or
(iv)    placed with a nonrelated guardian;
(5)    the percentage of children in an out-of-home placement living in:
(i)    kinship care homes;
(ii)    restricted foster homes;
(iii)    regular foster homes;
(iv)    treatment foster homes;
(v)    group homes;
(vi)    residential treatment centers; and
(vii)    other specified types of placements;
(6)    the number of foster homes and treatment foster homes available for children in the custody of a local department, or a placement agency;
(7)    the percentage of foster homes and kinship care homes in which the following have been conducted according to regulation:
(i)    required criminal background checks;
(ii)    fire and safety inspections;
(iii)    health and safety checks;
(iv)    reconsiderations, as applicable; and
(v)    any other safety measures adopted by regulation;
(8)    the number of children who are recommitted to the Department within 12 months of release from commitment to the Department; and
(9)    any other indicators adopted by the Secretary under § 5-1302 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1306 - Measurement of Efforts -- Health, Mental Health, Education, and Well-Being of Committed Children

The effectiveness of efforts to address the health, mental health, education, and well–being of a child committed to the Department shall be measured by:
(1)    the percentage of children in out–of–home placements who received a comprehensive assessment in compliance with federal regulations for the early and periodic screening, diagnosis, and treatment program within 60 days of entering out–of–home placement;
(2)    the percentage of eligible children entering foster care or kinship care who:
(i)    have been examined by a medical provider within 10 days of entry into the out–of–home placement; and
(ii)    have a designated health care provider within 10 days of entry into the out–of–home placement;
(3)    the percentage of school–aged children in out–of–home placements enrolled in school; and
(4)    any other indicators adopted by the Secretary under § 5–1302 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1307 - Use of Measures

(a)    The measures in §§ 5-1303 through 5-1306 of this subtitle shall be used by the local departments and the Administration, and may be used by an entity that enters into a memorandum of understanding with the Department, to measure the efficiency and the effectiveness of child welfare services.
(b)    Information collected by the State or federal government regarding the State child welfare system may also be used by the entities in subsection (a) of this section to measure the effectiveness of the child welfare system, including:
(1)    the Maryland child and family services review;
(2)    the adoption and foster care analysis and reporting system criteria; and
(3)    the L. J. V. Massinga consent decree criteria.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1308 - Quality Assessment

(a)    (1)    The Department shall have a process for the assessment of the quality of casework services.
(2)    An entity that specializes in child welfare services that enters into a memorandum of understanding with the Department may review and provide guidance on the quality assessment process developed by the Department.
(b)    The quality assessment shall examine whether the outcome indicators established in §§ 5–1303 through 5–1306 of this subtitle have been substantially achieved.
(c)    (1)    The process described in subsection (a) of this section shall assess the quality of casework services through in–depth child and family case reviews that involve direct interviews by qualified and trained reviewers with:
(i)    children;
(ii)    family members;
(iii)    caseworkers;
(iv)    judges;
(v)    court–appointed special advocates;
(vi)    foster parents;
(vii)    teachers;
(viii)    medical personnel; and
(ix)    others involved in providing support to the family.
(2)    The child and family case reviews shall determine whether:
(i)    children are safe;
(ii)    the needs of children are met, specifically that the children:
1.    are enrolled in school and receiving appropriate educational services; and
2.    have all timely medical, dental, and mental health services, based on the child’s needs; and
(iii)    the visitation between separated family members is occurring frequently and regularly, consistent with the best interests of the child.
(3)    The performance reviews shall determine whether:
(i)    1.    the family participated in the development of the service agreement and the case plan;
2.    the service agreement addressed the behaviors and circumstances that led to child abuse or neglect; and
3.    the case plan and service agreement were timely initiated;
(ii)    the case plan was implemented and progress was made;
(iii)    all members of the team of professionals working with the family and the child met at regular intervals to make changes to services and supports as necessary;
(iv)    1.    a caseworker was promptly and regularly assigned and accessible to the case;
2.    the assigned caseworker visited the child at least once per month; and
3.    a supervisor has been regularly assigned and accessible to the case; and
(v)    the foster parent or kinship care provider is receiving all services necessary to meet the needs of the child, including child care, respite care, and other support services.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1309 - Local Department Self-Assessments

(a)    The Department shall enter into a memorandum of understanding with an entity that has expertise in child welfare best practices to assist in the development and implementation of a local department self-assessment process to monitor the quality of:
(1)    child welfare services provided by the local departments; and
(2)    the management of the child welfare system by the Administration.
(b)    A local department self-assessment shall be conducted every 3 years.
(c)    In conducting the self-assessment, a local department shall be required to:
(1)    incorporate the results from the outcome measures in §§ 5-1303 through 5-1306 of this subtitle;
(2)    incorporate the results of the quality assessment of casework services in § 5-1308 of this subtitle; and
(3)    consider the results of the case reviews conducted by the Citizens’ Review Board for Children.
(d)    After a local department self-assessment is accepted by the Administration, the local departments shall develop a plan to:
(1)    maintain performance that meets standards;
(2)    strengthen areas needing improvement; and
(3)    describe how areas needing improvement will be addressed and how improvements will be measured.
(e)    The Secretary shall adopt regulations governing the local department self-assessment process, including:
(1)    the development of quality assurance procedures;
(2)    performance standards;
(3)    the timing of the assessment;
(4)    the scope of the assessment;
(5)    the process by which the Administration may accept or reject the local assessment and the plan;
(6)    the process by which the Administration shall monitor the implementation of the local plans described in subsection (d) of this section; and
(7)    the process by which the Administration shall use the assessments of the local departments to develop the statewide assessment under Title 45 § 1355.33(b) of the Code of Federal Regulations.
(f)    (1)    The Department shall enter into a memorandum of understanding with an entity with expertise in child welfare best practices to collect and maintain information necessary to conduct a local department self–assessment and statewide assessment.
(2)    Any unit of State government substantively involved with abused or neglected children may contribute information to the entity provided in paragraph (1) of this subsection.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1310 - Caseload Ratios

(a)    The Secretary and the Secretary of Budget and Management shall ensure that sufficient numbers of qualified child welfare staff, as specified in § 4–301 of the Human Services Article, are hired and  retained in order to achieve caseload ratios in child welfare services consistent with the Child Welfare League of America caseload standards.
(b)    The Department, in consultation with an appropriate entity with expertise in child welfare services caseload ratios, shall develop a methodology to calculate caseload ratios in child welfare services for the State.
(c)    The Department shall enter into a written contract with an entity that has expertise in child welfare services caseload ratios to annually review the calculation of caseload ratios used by the Department.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 13 - Child Welfare Accountability › Section 5-1311 - Training

(a)    The Department shall establish and maintain a child welfare training academy to provide training on best practices for the following individuals:
(1)    child welfare staff;
(2)    child welfare administrators;
(3)    foster parents; and
(4)    kinship caregivers.
(b)    The Department may provide training on best practices for the following individuals:
(1)    the State Citizens’ Review Board for Children staff and volunteers; and
(2)    Court–Appointed Special Advocate staff and volunteers.