HARRY HUGHES, Governor

2145

PART III. DESERTION OF MINOR CHILD.
10-219. PROHIBITED ACTS; PENALTIES.

(A)  DUTY TO CARE FOR AND PROVIDE FOR CHILD.

AN INDIVIDUAL WHO HAS CARE, CUSTODY, OR CONTROL OF A MINOR
CHILD MAY NOT DESERT THE CHILD:

(1)  WITH THE INTENT THAT THE CHILD BECOME A PUBLIC
CHARGE; OR

(2)  WITHOUT PROVIDING FOR THE CHILD'S SUPPORT FOR AT
LEAST 3 YEARS BY A RESPONSIBLE INDIVIDUAL OR A LICENSED CHILD
CARE FACILITY.

(B)  PENALTIES.

A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING
$100 OR IMPRISONMENT NOT EXCEEDING 1 YEAR.

REVISOR'S NOTE:. This section is new language derived
without substantive change from former Article 27, §
96.

In subsection (a) of this section, the phrase "care,
custody, or control" is substituted for the former
phrase "care, custody or possession" for consistency
with the provisions for child care in Title 5,
Subtitle 5 of this article.

In subsection (a)(2) of this section, the phrase
"responsible individual or a licensed child care
facility" is substituted for the former phrase
"responsible person or institution duly authorized to
take and care for infants", for clarity.

In subsection (b) of this section,, the former phrase
"in jail or in the house of correction or in the
Maryland Reformatory for Women" is deleted as
unnecessary.

The General Assembly may wish to consider whether this
section is obsolete in light of CJ § 3-831(a), which
makes it unlawful "for an adult wilfully to contribute
to, encourage, cause or tend to cause any act,
omission, or condition which renders a child ... in
need of assistance". A child in need of assistance is
defined in CJ § 3-801(e) as "a child who requires the
assistance of the court because (1) He ... is not
receiving ordinary and proper care and attention, and
(2) His parents, guardian, or custodian are unable or
unwilling to give proper care and attention to the
child and his problems".