HARRY HUGHES, Governor

3047

that party, except that the court may approve a supervised
visitation arrangement that assures the safety AND THE
PHYSIOLOGICAL, PSYCHOLOGICAL, AND EMOTIONAL WELL-BEING of the
child.

(B)(1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION, IN ANY CUSTODY OR VISITATION PROCEEDING, IF THE COURT
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT A CHILD HAS BEEN
ABUSED OR NEGLECTED BY A PARTY TO THE PROCEEDING, THE COURT SHALL
TERMINATE THE CUSTODY OR VISITATION RIGHTS OF THAT PARTY.

(2) THE COURT MAY NOT REINSTATE A PARTY'S CUSTODY OR

VISITATION RIGHTS UNLESS THE PARTY WHO SEEKS CUSTODY OR

VISITATION RIGHTS PROVES BY CLEAR AND CONVINCING EVIDENCE THAT:

(I) THE PARTY HAS BEEN REHABILITATED AND IS NO
LONGER A RISK TO THE CHILD;

(II) REINSTATEMENT OF CUSTODY OR VISITATION

RIGHTS WOULD NOT BE DETRIMENTAL TO THE PHYSIOLOGICAL,

PSYCHOLOGICAL, OR EMOTIONAL WELL BEING OF THE CHILD; AND

(III) REINSTATEMENT OF CUSTODY OR VISITATION
RIGHTS IS IN THE BEST INTERESTS OF THE CHILD.

(3) IF THE COURT REINSTATES A PARTY'S VISITATION

RIGHTS UNDER THIS SUBSECTION, THE COURT SHALL ORDER THAT

VISITATION BE CARRIED OUT UNDER A COURT APPROVED SUPERVISED

VISITATION ARRANGEMENT THAT ASSURES THE SAFETY AND THE

PHYSIOLOGICAL, PSYCHOLOGICAL, AND EMOTIONAL WELL-BEING OF THE
CHILD.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 28, 1985.

CHAPTER 660

(House Bill 865)

AN ACT concerning

Montgomery County Board of Education - Residence Districts

MC 514A-85

FOR the purpose of defining a certain term; requiring that
certain members of the Montgomery County Board of Education
reside in certain districts, as established by the General
Assembly by law; providing for a procedure for the periodic
reapportioning of the districts by enactment of a law by the