1512                           LAWS OF MARYLAND                      [CH. 723

(V) HAS, WITHIN A PERIOD OF TWELVE MONTHS PRE-
CEDING 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.

5. "FEEBLE-MINDED CHILD" MEANS A CHILD WHO BY
REASON OF CONDITIONS EXISTING FROM THE TIME OF
HIS BIRTH HAS A LEVEL OF INTELLIGENCE SUFFICIENTLY
LOW THAT HE IS UNABLE TO COMPETE WITH HIS FELLOWS
ON EQUAL TERMS OR TO MANAGE HIS AFFAIRS WITH
ORDINARY PRUDENCE.

Sec. 2. And be it further enacted, That Section 240 (e) of the
Charter and Public Local Laws of Baltimore City (1949 Edition,
being Article 4 of the Code of Public Local Laws of Maryland), title
"Baltimore City," subtitle "Juvenile Causes," be and it is hereby
repealed and re-enacted, with amendments to read as follows:

240.

(e) "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 immatu-
rity, 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 4. And be it further enacted, That this Act shall take effect
June 1, 1963.

Approved April 30, 1963.