1510 LAWS OF MARYLAND [CH. 723
a child living in a home which fails to provide a stable moral
environment, and specifying conditions the existence of which shall
prima facie establish the lack of such environment.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 52 (f) of Article 26 of the Annotated Code of Maryland
(1957 Edition), title "Courts," subtitle "Juvenile Causes," be and it
is hereby repealed and re-enacted, with amendments, to read as
follows:
52.
(f) "Neglected child" means a child (1) who is without proper
guardianship; (2) whose parent, guardian or person with whom the
child lives, by reason of cruelty, mental incapacity, immorality or
depravity, is unfit to care properly for such a child; (3) who is under
unlawful or improper care, supervision, custody or restraint, by any
person, corporation, agency, association, institution or other organ-
ization or who is unlawfully kept out of school; (4) whose parent,
guardian or custodian neglects or refuses, when able to do so, to
provide necessary medical, surgical, institutional or hospital care
for such child; [or] (5) who is in such condition of want or suffering,
or is under such improper guardianship or control, or is engaged in
such occupation as to injure or endanger the morals or health of
himself or others; or (6) who is living in a home which fails to
provide a stable moral environment. The absence of such stable
moral environment is prima facie established if IN DETERMINING
WHETHER SUCH STABLE MORAL ENVIRONMENT EXISTS,
THE COURT SHALL CONSIDER, AMONG OTHER THINGS,
WHETHER the parent, guardian, or person with whom the child lives
(i) is unable to provide such environment by reasons of immatur-
ity, or emotional, mental or physical disability;
(ii) is engaging in promiscuous conduct inside or outside the
home;
(iii) is co-habiting with a person to whom he or she is not married;
(iv) is pregnant with an illegitimate child; or
(v) has, within a period of twelve months preceding the filing of
the petition alleging the child to be neglected, either been
pregnant with or given birth to another child to whose putative father
she was not legally married at the time of conception, or has not
thereafter married.
SEC. 3. AND BE IT FURTHER ENACTED, THAT SECTION
285 OF THE CODE OF PUBLIC LOCAL LAWS OF ALLEGANY
COUNTY (1955 EDITION, BEING ARTICLE 1 OF THE CODE OF
PUBLIC LOCAL LAWS OF MARYLAND), TITLE "ALLEGANY
COUNTY," SUBTITLE "JUVENILE COURT," BE AND IT IS
HEREBY REPEALED AND RE-ENACTED, WITH AMEND-
MENTS, TO READ AS FOLLOWS:
285.
WHEN USED IN THIS SUBTITLE:
1. "CHILD" MEANS A PERSON UNDER THE AGE OF EIGHT-
EEN WHO IS SUBJECT TO THE JURISDICTION OF THE
COURT.
|
|