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H.B. 1142
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VETOES
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(1) obtaining drug treatment; and
(2) providing supportive services to maintain family unity.
(d) A CINA petition shall be filed on behalf of a child who is born drug
exposed, if:
(1) the mother refuses THE RECOMMENDED LEVEL OF drug treatment,
or does not successfully complete THE RECOMMENDED LEVEL OF drug treatment;
(2) the mother is unable to provide adequate care for the child; and
(3) the father is unable to provide adequate care for the child.
5-710.
(a) Based on its findings and treatment plan, the local department shall
render the appropriate services in the best interests of the child, including, when
indicated, petitioning the juvenile court on behalf of the child for appropriate relief,
including the added protection to the child that either commitment or custody would
provide.
(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) DOES NOT ACCEPT THE RECOMMENDED LEVEL OF DRUG
TREATMENT WITHIN 45 DAYS AFTER THE OFFER IS MADE; OR
(III) fails to fully participate in the program or its equivalent.
(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.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
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- 5326 -
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