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Ch. 442 2002 LAWS OF MARYLAND
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BY adding to
Article — Courts and Judicial Proceedings
Section 5-641
Annotated Code of Maryland
(1998 Replacement Volume and 2001 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
3-828.
(a) [An] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN
adult may not wilfully contribute to, encourage, cause or tend to cause any act,
omission, or condition that renders a child in need of assistance.
(b) A person may be convicted under this section even if the child is not
adjudicated a CINA.
(C) (1) THIS SECTION DOES NOT APPLY WHEN A PERSON LEAVES AN
UNHARMED NEWBORN WITH A HOSPITAL, LAW ENFORCEMENT, LOCAL DEPARTMENT
OF SOCIAL SERVICES, OR FIRE AND RESCUE EMPLOYEE RESPONSIBLE PERSON
WITHIN 3 DAYS AFTER THE BIRTH OF THE NEWBORN, AS DETERMINED WITHIN A
REASONABLE DECREE OF MEDICAL CERTAINTY, AMD THE PERSON DOES NOT
EXPRESS AN INTENT TO RETURN FOR THE NEWBORN.
(2) WHEN IF THE PERSON LEAVING A NEWBORN UNDER THIS
SUBSECTION IS NOT THE MOTHER OF THE NEWBORN, THE PERSON SHALL HAVE THE
APPROVAL OF THE MOTHER TO DO SO.
(3) A HOSPITAL, LAW ENFORCEMENT, SOCIAL SERVICES, OR FIRE AND
RESCUE EMPLOYEE WHO ACCEPTS OR TREATS A NEWBORN UNDER THIS
SUBSECTION SHALL HAVE THE IMMUNITY DESCRIBED UNDER § 5-621.1 OF THIS
ARTICLE FROM CIVIL LIABILITY OR CRIMINAL PENALTY.
(4) THE MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES
SYSTEMS SHALL DEVELOP AND ESTABLISH APPROPRIATE PROTOCOL PROCEDURES
FOR FIRE AND RESCUE EMPLOYEES WHO ACCEPT OR TREAT A NEWBORN UNDER
THIS SUBSECTION.
(3) A PERSON WITH WHOM A NEWBORN IS LEFT UNDER THE
CIRCUMSTANCES DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, WITHIN 3
DAYS AFTER THE NEWBORN WAS LEFT, SHALL TAKE THE NEWBORN TO A HOSPITAL,
LAW ENFORCEMENT AGENCY, LOCAL DEPARTMENT OF SOCIAL SERVICES, OR FIRE
AND RESCUE COMPANY
[(e)] (D) An adult who violates this section is guilty of a misdemeanor and on
conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3
years or both.
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- 3630 -
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