Family Law - Child Abuse - Definitions

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0111*

HOUSE BILL 111
D4 6lr1462
(PRE–FILED)
By: Delegate Griffith
Requested: October 30, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Family Law – Child Abuse – Definitions 2

FOR the purpose of expanding the definitions of “abuse” and “sexual abuse” for purposes of 3
provisions relating to the reporting and investigation of child abuse and neglect; and 4
generally relating to child abuse and neglect. 5

BY repealing and reenacting, with amendments, 6
Article – Family Law 7
Section 5–701 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Family Law 13

5–701. 14

(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 15
following words have the meanings indicated. 16

(b) (1) “Abuse” means: 17

(i) the physical or mental injury of a child under circumstances that 18
indicate that the child’s health or welfare is harmed or at substantial risk of being harmed 19
[by: 20

1. a parent; 21
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2. a household member or family member; 1

3. a person who has permanent or temporary care or custody 2
of the child; 3

4. a person who has responsibility for supervision of the 4
child; or 5

5. a person who, because of the person’s position or 6
occupation, exercises authority over the child]; 7

(ii) sexual abuse of a child, whether physical injuries are sustained 8
or not; or 9

(iii) labor trafficking of a child [by any individual]. 10

(2) “Abuse” does not include the physical injury of a child by accidental 11
means. 12

(c) “Administration” means the Social Se rvices Administration of the 13
Department. 14

(d) “Centralized confidential database” means the Department’s confidential 15
computerized data system that contains information regarding child abuse and neglect 16
investigations and assessments. 17

(e) “Child” means any individual under the age of 18 years. 18

[(g)] (F) (1) “Educator or human service worker” means any professional 19
employee of any correctional, public, parochial or private educational, health, juvenile 20
service, social or social service agency, institution, or licensed facility. 21

(2) “Educator or human service worker” includes: 22

(i) any teacher; 23

(ii) any counselor; 24

(iii) any social worker; 25

(iv) any caseworker; and 26

(v) any probation or parole officer. 27

[(h) “Family member” means a relative by blood, adoption, or marriage of a child. 28

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(i)] (G) (1) “Health practitioner” includes any person who is authorized to 1
practice healing under the Health Occupations Article or § 13–516 of the Education Article. 2

(2) “Health practitioner” does not include an emergency medical 3
dispatcher. 4

[(j)] (H) “Household” means the location: 5

(1) in which the child resides; 6

(2) where the abuse or neglect is alleged to have taken place; or 7

(3) where the person suspected of abuse or neglect resides. 8

[(k) “Household member” means a person who lives with, or is a regular presence 9
in, a home of a child at the time of the alleged abuse or neglect. 10

(l)] (I) “Indicated” means a finding that there is credible evidence, which has not been 11
satisfactorily refuted, that abuse, neglect, or sexual abuse did occur. 12

[(m)] (J) “Labor trafficking” means knowingly: 13

(1) taking, placing, harboring, persuading, inducing, or enticing a child by 14
force, fraud, or coercion to provide services or labor; or 15

(2) receiving a benefit or thing of value from the provision of services or 16
labor by a child that was induced by force, fraud, or coercion. 17

[(n)] (K) (1) “Law enforcement agency” means a State, county, or municipal 18
police department, bureau, or agency. 19

(2) “Law enforcement agency” includes: 20

(i) a State, county, or municipal police department or agency; 21

(ii) a sheriff’s office; 22

(iii) a State’s Attorney’s office; and 23

(iv) the Attorney General’s office. 24

[(o)] (L) Except as provided in §§ 5 –705.1 and 5 –714 of this subtitle, “local 25
department” means the local department that has jurisdiction in the county: 26

(1) where the allegedly abused or neglected child lives; or 27

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(2) if different, where the abuse or neglect is alleged to have taken place. 1

[(p)] (M) “Local department case file” means that component of the Department’s 2
confidential computerized database that contains information regarding child abuse and 3
neglect investigations to which access is limited to the local department staff respon sible 4
for the investigation. 5

[(q)] (N) “Local State’s Attorney” means the State’s Attorney for the county: 6

(1) where the allegedly abused or neglected child lives; or 7

(2) if different, where the abuse or neglect is alleged to have taken place. 8

[(r)] (O) “Mental injury” means the observable, identifiable, and substantial 9
impairment of a child’s mental or psychological ability to function caused by an intentional 10
act or series of acts, regardless of whether there was an intent to harm the child. 11

[(s)] (P) “Neglect” means the leaving of a child unattended or other failure to 12
give proper care and attention to a child by any parent or other person who has permanent 13
or temporary care or custody or responsibility for supervision of the child under 14
circumstances that indicate: 15

(1) that the child’s health or welfare is harmed or placed at substantial risk 16
of harm; or 17

(2) mental injury to the child or a substantial risk of mental injury. 18

[(t)] (Q) “Police officer” means any State or local officer wh o is authorized to 19
make arrests as part of the officer’s official duty. 20

[(u)] (R) “Record” means the original or any copy of any documentary material, 21
in any form, including a report of suspected child abuse or neglect, that is made by, received 22
by, or r eceived from the State, a county, or a municipal corporation in the State, or any 23
subdivision or agency concerning a case of alleged child abuse or neglect. 24

[(v)] (S) “Report” means an allegation of abuse or neglect, made or received 25
under this subtitle. 26

[(w)] (T) “Ruled out” means a finding that abuse, neglect, or sexual abuse did not 27
occur. 28

[(x)] (U) “Sex trafficking” means the recruitment, harboring, transportation, 29
provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex 30
act. 31

[(y)] (V) “Sexual abuse” means any act that involves: 32
HOUSE BILL 111 5

(1) sexual molestation or exploitation of a child [by: 1

(i) a parent; 2

(ii) a household member or family member; 3

(iii) a person who has permanent or temporary care or custody of the 4
child; 5

(iv) a person who has responsibility for supervision of the child; or 6

(v) a person who, because of the person’s position or occupation, 7
exercises authority over the child]; or 8

(2) sex trafficking of a child [by any individual]. 9

[(z)] (W) “Sexual molestation or exploitation” includes: 10

(1) allowing or encouraging a child to engage in: 11

(i) obscene photography, films, poses, or similar activity; 12

(ii) pornographic photography, films, poses, or similar activity; or 13

(iii) prostitution; 14

(2) incest; 15

(3) rape; 16

(4) sexual offense in any degree; and 17

(5) any other sexual conduct that is a crime. 18

[(aa)] (X) “Unsubstantiated” means a finding that there is an insufficient amount 19
of evidence to support a finding of indicated or ruled out. 20

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22