HARRY HUGHES, Governor

925

FOR the purpose of changing those instances in which the
local department of social services shall obtain a
certain court order; permitting the use of reasonable
force to gain entry to certain premises; permitting
removal of a child from a household without prior
judicial approval under certain circumstances and
pursuant to a court order; providing for judicial
review of such a removal; and clarifying language.

BY repealing and reenacting, with amendments,

Article 72A - Parent and Child
Section 8(d)

Annotated Code of Maryland
(1978 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 72A - Parent and Child

8.

(d) (1) If, in the course of the investigation
conducted by the local department of social services
pursuant to subsection (a), a representative of the
department has probable cause to believe a child is in
serious physical danger or that an emergency exists, OR IS
DENIED THE RIGHT OF ENTRY, the department shall [seek]
OBTAIN a court order for a representative of the department
to enter the household to ascertain the condition of the
child AND REMOVE THE CHILD, IF CONDITIONS WARRANT. A law
enforcement officer shall accompany the representative in
carrying out the court order AND HE MAY USE REASONABLE FORCE
TO ASSURE THAT THE REPRESENTATIVE IS ABLE TO GAIN ENTRY.
[The representative and the law enforcement officer shall
report their findings to the court, and if the court orders,
the child shall be removed.]

(2)  IF THE REPRESENTATIVE ASCERTAINS THE CHILD
TO BE AND THE LAW ENFORCEMENT OFFICER AGREE THAT THE CHILD
IS IN SERIOUS PHYSICAL DANGER, OR THAT AN EMERGENCY EXISTS,
THE REPRESENTATIVE MAY REMOVE THE CHILD FROM THE HOUSEHOLD
TEMPORARILY WITHOUT PRIOR APPROVAL BY THE JUVENILE COURT
THEY MAY REMOVE THE CHILD PURSUANT TO THE ORDER OBTAINED
UNDER PARAGRAPH (1) OF THIS SUBSECTION. IF THE CHILD IS
REMOVED, A REVIEW OF ACTION TAKEN SHALL BE CONDUCTED AS
PROVIDED IN SECTION 3-815 OF THE COURTS AND JUDICIAL
PROCEEDINGS ARTICLE. BY THE JUVENILE COURT ON THE NEXT COURT
DAY, UNLESS EXTENDED BY THE COURT UPON GOOD CAUSE SHOWN.

(3)  IN ALL OTHER CASES, THE REPRESENTATIVE AND
THE LAW ENFORCEMENT OFFICER SHALL REPORT THEIR FINDINGS TO
THE COURT, AND IF THE COURT ORDERS, THE CHILD SHALL BE
REMOVED.