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Ch. 442
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2002 LAWS OF MARYLAND
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10-219(C) OF THE FAMILY LAW ARTICLE, INCLUDING CARE AND MEDICAL
TREATMENT OF THE NEWBORN, UNLESS INJURY TO THE NEWBORN WAS CAUSED BY
WILLFUL OR WANTON MISCONDUCT OR GROSS NEGLIGENCE.
(2) A CLAIM AGAINST A LAW ENFORCEMENT AGENCY OR LOCAL
DEPARTMENT OF SOCIAL SERVICES OR AN EMPLOYEE OF A LAW ENFORCEMENT
AGENCY OR LOCAL DEPARTMENT OF SOCIAL SERVICES FOR AN ACTION TAKEN
RELATED TO THE ABANDONMENT OF A NEWBORN UNDER § 3-828(C) OF THIS ARTICLE
OR § 10-219(C) OF THE FAMILY LAW ARTICLE, INCLUDING CARE AND MEDICAL
TREATMENT OF THE NEWBORN, SHALL BE GOVERNED BY THE MARYLAND TORT
CLAIMS ACT UNDER TITLE 12, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE OR
THE LOCAL GOVERNMENT TORT CLAIMS ACT UNDER TITLE 5, SUBTITLE 3 OF THIS
ARTICLE.
(3) A FIRE OR RESCUE COMPANY OR AN EMPLOYEE OF A FIRE OR
RESCUE COMPANY SHALL HAVE THE IMMUNITY FROM CIVIL LIABILITY DESCRIBED
IN § 5-604 OF THIS SUBTITLE FOR ANY ACTION TAKEN RELATED TO THE
ABANDONMENT OF A NEWBORN UNDER § 3-828(C) OF THIS ARTICLE OR § 10 219(C) OF
THE FAMILY LAW ARTICLE, INCLUDING CARE AND MEDICAL TREATMENT OF THE
NEWBORN.
(4) THE MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES
SYSTEMS SHALL DEVELOP AND ESTABLISH APPROPRIATE PROTOCOL PROCEDURES
FOR FIRE AND RESCUE EMPLOYEES WHO TAKE ANY ACTION RELATED TO THE
ABANDONMENT OF A NEWBORN UNDER § 3-828(C) OF THIS ARTICLE, INCLUDING
CARE AND MEDICAL TREATMENT OF THE NEWBORN.
(C) (1) THIS SECTION DOES NOT CREATE, AND MAY NOT BE CONSTRUED AS
CREATING, A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST THE
STATE, A LOCAL GOVERNMENT, OR ANY PERSON OR ENTITY SPECIFIED IN THIS
SECTION.
(2) THIS SECTION DOES NOT AFFECT, AND MAY NOT BE CONSTRUED AS
AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR CRIMINAL PROSECUTION
OR DEFENSES ESTABLISHED BY ANY OTHER PROVISION OF THE CODE OR AT
COMMON LAW, TO WHICH THE STATE, A LOCAL GOVERNMENT, OR ANY PERSON OR
ENTITY SPECIFIED IN THIS SECTION MAY BE ENTITLED.
Article—Family Law
10-219.
(a) [An] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN
individual who has care, custody, or control of a minor child may not desert the child:
(1) with the intent that the child become a public charge; or
(2) without providing for the child's support for at least 3 years by a
responsible individual or a licensed child-care facility.
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- 3632 -
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