Ch. 367 1997 LAWS OF MARYLAND

Section 5-706.3

Annotated Code of Maryland

(1991 Replacement Volume and 1996 Supplement)

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

Article - Courts and Judicial Proceedings

3-801.

(a) In this subtitle, the following words have the meanings indicated, unless the
context of their use indicates otherwise.

(e) "Child in need of assistance" is a child who requires the assistance of the court
because:

(1) [He] (I) THE CHILD is mentally handicapped or is not receiving
ordinary and proper care and attention[,]; and;

(1) IS MENTALLY HANDICAPPED;

(II) WAS BORN ADDICTED TO OR DEPENDENT ON COCAINE, THE
FORM OF COCAINE KNOWN AS "CRACK", OR HEROIN:

(III) WAS BORN WITH A SIGNIFICANT PRESENCE OF COCAINE. THE
FORM OF COCAINE KNOWN AS "CRACK", OR HEROIN IN THE CHILD'S BLOOD AS
EVIDENCED BY TOXICOLOGY OR OTHER APPROPRIATE TESTS, OR

(IV) IS NOT RECEIVING ORDINARY AND PROPER CARE AND
ATTENTION; AND IS MENTALLY HANDICAPPED OR IS NOT RECEIVING ORDINARY AND
PROPER CARE AND ATTENTION, AND

[(2) His] (II) (2) THE CHILD'S parents, guardian, or custodian are unable or
unwilling to give proper care and attention to the child and [his] THE CHILD'S problems
provided, however, a child shall not be deemed to be in need of assistance for the sole
reason [he] THAT THE CHILD is being furnished nonmedical remedial care and
treatment recognized by State law; OR.

(2) (I) 1. THE CHILD WAS BORN ADDICTED TO OR DEPENDENT ON
COCAINE, THE FORM OF COCAINE KNOWN AS "CRACK", OR HEROIN; OR

2. THE CHILD WAS BORN WITH A SIGNIFICANT PRESENCE
OF COCAINE, THE FORM OF COCAINE KNOWN AS "CRACK", OR HEROIN IN THE
CHILD'S BLOOD AS EVIDENCED BY TOXICOLOGY OR OTHER APPROPRIATE TESTS;

AND

(II) THE LOCAL DEPARTMENT OF SOCIAL SERVICES, AFTER AN
APPROPRIATE INVESTIGATION, OFFERED THE MOTHER ADMISSION INTO A DRUG
TREATMENT PROGRAM UNDER § 5-710 OF THE FAMILY LAW ARTICLE WITHIN 90
DAYS AFTER THE CHILD'S BIRTH AND THE CHILD'S MOTHER DECLINED ADMISSION
OR FAILED TO FULLY PARTICIPATE IN THE PROGRAM OR ITS EQUIVALENT.

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