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*hb1258*
HOUSE BILL 1258
D4 6lr3206
By: Delegate Smith Delegates Smith, Moreno, Conaway, and Williams
Introduced and read first time: February 12, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026
CHAPTER ______
AN ACT concerning 1
Child Placement Services – Advertising by Unlicensed Person – Prohibition 2
FOR the purpose of prohibiting a person from advertising adoption services in the State, 3
unless the person is a local department or a child placement agency licensed by the 4
Social Services Administration; authorizing the Administration to notify the 5
Attorney General of a violation of this Act; authorizing the Attorney General to bring 6
an action for damages for a violation of this Act making a violation of this Act an 7
unfair, abusive, or deceptive trade practice under the Maryland Consumer 8
Protection Act; and generally relating to the advertisement of adoption services by 9
unlicensed persons. 10
BY repealing and reenacting, with amendments, 11
Article – Commercial Law 12
Section 13–301(14)(xlvii) 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15
BY repealing and reenacting, without amendments, 16
Article – Commercial Law 17
Section 13–301(14)(xlviii) 18
Annotated Code of Maryland 19
(2025 Replacement Volume) 20
BY adding to 21
Article – Commercial Law 22
2 HOUSE BILL 1258
Section 13–301(14)(xlix) 1
Annotated Code of Maryland 2
(2025 Replacement Volume) 3
BY repealing and reenacting, without amendments, 4
Article – Family Law 5
Section 5–101(a), (c), and (e), 5–501(a) and (b), and 5–507 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2025 Supplement) 8
BY adding to 9
Article – Family Law 10
Section 5–508 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2025 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Commercial Law 16
13–301. 17
Unfair, abusive, or deceptive trade practices include any: 18
(14) Violation of a provision of: 19
(xlvii) Title 14, Subtitle 50 of this article; [or] 20
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or 21
(XLIX) SECTION 5–508 OF THE FAMILY LAW ARTICLE; OR 22
Article – Family Law 23
5–101. 24
(a) In this title the following words have the meanings indicated. 25
(c) “Child placement agency” means: 26
(1) a local department; or 27
(2) a private agency that is licensed by the Social Services Administrati on 28
of the Department under § 5 –507 of this title, or by a comparable governmental unit of 29
another state, to place children. 30
HOUSE BILL 1258 3
(e) “Department” means the State Department of Human Services. 1
5–501. 2
(a) In this subtitle the following words have the meanings indicated. 3
(b) “Administration” means: 4
(1) the Social Services Administration of the Department; or 5
(2) any other unit within the Department to which the Secretary of Human 6
Services has delegated in writing specified responsibilities of the Administration under this 7
subtitle. 8
5–507. 9
(a) Except as otherwise provided in this section, a person shall be licensed by the 10
Administration as a child placement agency before the person may engage in the placement 11
of minor children in homes or with individuals. 12
(b) A license is not required: 13
(1) for a person to place a child with an individual related to the child by 14
blood or marriage within 4 degrees of consanguinity or affinity under the civil law rule; 15
(2) except as provided in § 5–3B–12 of this title, for a parent or grandparent 16
of a child to place the child directly, without the intervention of any other person except the 17
recipient of the child; or 18
(3) for a lawyer to prepare pleadings necessary to accomplish the adoption 19
of a child or to perform any other function associated with the normal practice of law. 20
5–508. 21
(A) IN THIS SECTION, “ADVERTISE” MEANS TO ISSUE ANY COMMUNICATION, 22
SOLICITATION, OR OUTREACH INTENDED TO OFFER OR PROMOTE PRIVATE CHILD 23
PLACEMENT SERVICES, INCLUDING COMMUNICATIONS ISSUED VIA: 24
(1) PRINT OR DIGITAL MEDIA; 25
(2) INTERNET WEBSITES, SOCIAL MEDIA, OR ONLINE PLATFORMS; 26
(3) RADIO, TELEVISION, OR DIGITAL STREAMING SERVICES; 27
(4) DIRECT MAIL, E–MAIL, OR TEXT MESSAGING; OR 28
4 HOUSE BILL 1258
(5) ANY OTHER MEDIUM REASONABLY CALCULATE D TO REACH 1
RESIDENTS OF THE STATE. 2
(B) (1) A PERSON MAY NOT ADVER TISE ADOPTION SERVIC ES IN THE 3
STATE UNLESS THE PERS ON IS A LOCAL DEPART MENT OR A CHILD PLAC EMENT 4
AGENCY LICENSED BY THE ADMINISTRATION UNDER § 5–507 OF THIS SUBTITLE. 5
(2) THE PROHIBITION IN TH IS SUBSECTION INCLUD ES 6
ADVERTISEMENTS THAT: 7
(I) ORIGINATE IN THE STATE; 8
(II) ORIGINATE OUTSIDE THE STATE; 9
(III) TARGET STATE RESIDENTS DIRECTLY; AND 10
(IV) TARGET STATE RESIDENTS INDIR ECTLY THROUGH 11
GENERAL DISTRIBUTION. 12
(C) THE ADMINISTRATION MAY: 13
(1) INVESTIGATE ALLEGED VIOLATIONS OF THIS SECTION; 14
(2) ISSUE A CEASE AND DE SIST ORDER TO A PERS ON THAT THE 15
ADMINISTRATION BELIEVES TO BE VIOLATING THE PROVISIONS OF SUBSECTION (B) 16
OF THIS SECTION; AND 17
(3) NOTIFY THE ATTORNEY GENERAL IF THERE IS R EASON TO 18
BELIEVE THAT A PERSON HAS COMMITTED A VIOLATION OF THIS SECTION. 19
(D) ON RECEIVING NOTICE F ROM THE ADMINISTRATION UNDER 20
SUBSECTION (C)(3) OF THIS SECTION , THE ATTORNEY GENERAL MAY BRING AN 21
ACTION FOR RELIEF IN A COURT OF COMPETENT J URISDICTION, INCLUDING AN 22
ACTION SEEKING: 23
(1) A CIVIL PENALTY OF $10,000 FOR EACH VIOLATION O F THIS 24
SECTION; AND 25
(2) ANY OTHER DAMAGES AUTHORIZED BY LAW A VIOLATION OF THIS 26
SECTION IS: 27
(1) AN UNFAIR , ABUSIVE, OR DECEPTIVE TRADE PRACTICE WITHIN 28
THE MEANING OF TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 29
HOUSE BILL 1258 5
(2) SUBJECT TO THE ENFOR CEMENT AND PENALTY P ROVISIONS 1
CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effec t 3
October 1, 2026. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.