3046                                          LAWS OF MARYLAND                                      Ch. 658

Approved May 28, 1985.

CHAPTER 659

(House Bill 853)

AN ACT concerning

Child Abuse and Neglect - Visitation and Custody

FOR the purpose of altering the law as to to the denial or
suspension of custody or visitation on the basis of likely
abuse or neglect of a child; providing that the court shall
terminate custody or visitation rights of a party if the
court finds by clear and convincing evidence that the party
abused or neglected the child; providing that the rights may
be reinstated only if the party proves certain facts by
clear and convincing evidence; providing that if the rights
are reinstated, the court shall order supervised visitation
that meets certain requirements clarifying that, where there
is reasonable grounds to believe that child abuse has
occurred, the court may approve a supervised visitation
arrangement that assures the physiological, psychological,
and emotional well-being of the child, in addition to the
child's safety; and generally relating to custody and
visitation in cases of abuse or neglect.

BY repealing and reenacting, with amendments,

Article - Family Law
Section 9-101

Annotated Code of Maryland
(1984 Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

9-101.

(a) (1) In any custody or visitation proceeding, if the

court [has reasonable grounds to believe] FINDS BY A

PREPONDERANCE OF THE EVIDENCE that a child has been abused or
neglected by a party to the proceeding, the court shall determine
whether abuse or neglect is likely, to occur if custody or
visitation rights are granted to the party.

[(b)](2) Unless the court specifically finds that there
is no likelihood of further child abuse or neglect by the party,
the court shall [deny] SUSPEND custody or visitation rights to