J. MILLARD TAWES, Governor                      419

CHAPTER 164
(House Bill 131)

AN ACT to repeal and re-enact, with amendments, Section 5(c) of
Article 59 of the Annotated Code of Maryland (1963 Supplement),
title "Lunatics and Insane," subtitle "Lunatic or Insane Paupers,"
AND TO REPEAL AND RE-ENACT, WITH AMENDMENTS,
SECTION 601 (C-1) OF ARTICLE 43 OF THE SAID CODE,
TITLE "HEALTH," SUBTITLE "CHRONIC HOSPITALS AND
INFIRMARIES," to remove the liability of parents for payment to-
ward the cost of care of their adult children in State mental hos-
pitals AND IN STATE CHRONIC DISEASE HOSPITALS.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 5(c) of Article 59 of the Annotated Code of Maryland
(1963 Supplement), title "Lunatics and Insane." subtitle "Lunatic
or Insane Paupers," be and it is hereby repealed and re-enacted, with
amendments, AND THAT SECTION 601 (C-l) OF ARTICLE 43
OF THE SAID CODE, TITLE "HEALTH," SUBTITLE "CHRONIC
HOSPITALS AND INFIRMARIES," BE AND IT IS HEREBY RE-
PEALED AND RE-ENACTED, WITH AMENDMENTS, to read as
follows:

5.                                                                                                                                    

(c) It is the intent of Sections 4, 5, and 6 that a husband may be
liable for the support of a wife while she is an inmate of any such
institution; a wife, for a husband; a father or mother, or both, for
a minor son or daughter UNDER TWENTY-ONE (21)
YEARS OF AGE; and a son or daughter, or both, for a father
or mother; however, no liability under Sections 4, 5, or 6 herein shall
be placed upon any son or daughter for the support of a father or
mother by whom the son or daughter has been abandoned or upon
any husband or wife for the support of a spouse by whom the hus-
band or wife has been abandoned, OR UPON A MOTHER OR
FATHER FOR ADULT CHILD IF THEIR COMBINED CROSS
INCOME IS UNDER $8,000,00. The Department of Mental
Hygiene shall promulgate rules and regulations pursuant to the
Administrative Procedures Act, Sections 244-256, inclusive, of Article
41 of this Code, as amended from time to time, providing for a deter-
mination of what shall constitute abandonment in any of the above-
mentioned exceptions to the liability for support. The determination
of the Department of Mental Hygiene as to what constitutes abandon-
ment shall be subject to judicial review pursuant to the provisions of
Sections 255 and 256 of the Administrative Procedure Act, Article
41 of this Code. The provisions of Section 97 of Article 27 of this
Code shall not have any effect on any determination of liability under
this Section.

601.

(C-l) IT IS THE INTENT OF THIS SUBTITLE THAT A
HUSBAND MAY BE LIABLE FOR THE SUPPORT OF A WIFE
WHILE SHE IS AN INMATE OF ANY SUCH HOSPITAL; A
WIFE, FOR A HUSBAND; A FATHER OR MOTHER, OR BOTH,
FOR A SON OR DAUGHTER UNDER TWENTY-ONE (21)