Ch. 368

1997 LAWS OF MARYLAND

(B) (1) PROMPTLY AFTER RECEIVING A REPORT FROM A HOSPITAL OR
HEALTH PRACTITIONER OF SUSPECTED NEGLECT RELATED TO DRUG ABUSE AND
CONDUCTING AN APPROPRIATE INVESTIGATION, THE LOCAL DEPARTMENT MAY:

(I) FILE A PETITION ALLEGING THAT THE CHILD IS IN NEED OF
ASSISTANCE UNDER TITLE 3, SUBTITLE 8 OF THE COURTS ARTICLE; AND

(II) OFFER THE MOTHER ADMISSION INTO A DRUG TREATMENT

PROGRAM.

(2) THE LOCAL DEPARTMENT MAY INITIATE A JUDICIAL PROCEEDING
TO TERMINATE A MOTHER'S PARENTAL RIGHTS, IF THE LOCAL DEPARTMENT
OFFERS THE MOTHER ADMISSION INTO A DRUG TREATMENT PROGRAM UNDER
THIS SUBSECTION WITHIN 90 DAYS AFTER THE BIRTH OF THE CHILD AND THE
MOTHER:

(I) DOES NOT ACCEPT ADMISSION TO THE PROGRAM OR ITS
EQUIVALENT WITHIN 45 DAYS AFTER THE OFFER IS MADE; OR

(II) FAILS TO FULLY PARTICIPATE IN THE PROGRAM OR ITS

EQUIVALENT

[(b)](C) If a report has been made to the State's Attorney's office under §
5-706(i) of this subtitle and the State's Attorney's office is not satisfied with the
recommendation of the local department, the State's Attorney's office may petition the
court, at the time of the report by the representative, to remove the child, if the State's
Attorney concludes that the child is in serious physical danger and that an emergency
exists.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is contingent upon the
inclusion in the operating budget of $1,700,000 for drug abuse treatment for mothers of
children born drug exposed.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That, subject to the provisions
of Section 2 above, this Act shall take effect October 1, 1997.

Approved May 8, 1997.

CHAPTER 368
(House Bill 1209)

AN ACT concerning

Child Neglect—Definition and Investigation
Children in Need of Assistance - Drug-Addicted Babies

FOR the purpose of including within the definition of "neglect" the use of a controlled
dangerous substance by a woman resulting in an infant's addiction to or dependence
on a controlled dangerous substance or the presence of a controlled dangerous
substance in the infant's blood as evidenced by certain tests; establishing a certain

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