Child in Need of Assistance - Proceedings - Child's Right to be Present

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1290*

HOUSE BILL 1290
D4 6lr3540

By: Delegates Woods, Alston, Crutchfield, Harrison, Ivey, J. Long, McComas,
Patterson, Roberson, Roberts, Ruth, Simmons, Stinnett, Taylor, Terrasa,
and Turner Turner, Phillips, Moreno, Arikan, 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 4, 2026

CHAPTER ______

AN ACT concerning 1

Child in Need of Assistance – Proceedings – Child’s Right to be Present 2

FOR the purpose of authorizing a child who is the subject of a child in need of assistance 3
proceeding to be present at the proceeding; authorizing the court to exclude the child 4
from a proceeding under certain circumstances and after considering certain 5
alternatives; and generally relating to children in need of assistance. 6

BY repealing and reenacting, without amendments, 7
Article – Courts and Judicial Proceedings 8
Section 3–801(a), (e), (f), (g), and (i) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2025 Supplement) 11

BY adding to 12
Article – Courts and Judicial Proceedings 13
Section 3–831 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Courts and Judicial Proceedings 19
2 HOUSE BILL 1290

3–801. 1

(a) In this subtitle the following words have the meanings indicated. 2

(e) “Child” means an individual under the age of 18 years. 3

(f) “Child in need of assistance” means a ch ild who requires court intervention 4
because: 5

(1) The child has been abused, has been neglected, has a developmental 6
disability, or has a mental disorder; and 7

(2) The child’s parents, guardian, or custodian are unable or unwilling to 8
give proper care and attention to the child and the child’s needs. 9

(g) “CINA” means a child in need of assistance. 10

(i) “Court” means the circuit court for a county sitting as the juvenile court. 11

3–831. 12

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , A CHILD 13
WHO IS THE SUBJECT O F A CINA PROCEEDING UNDER THI S SUBTITLE HAS THE 14
RIGHT TO BE PRESENT AT THE PROCEEDING. 15

(B) THE COURT MAY EXCLUDE A CHILD FROM A CINA PROCEEDING IF: 16

(1) THE THE CHILD’S ATTORNEY: 17

(I) DETERMINES THAT THE C HILD’S PRESENCE AT THE 18
PROCEEDING IS NOT IN THE BEST INTEREST OF THE CHILD; AND 19

(II) NOTIFIES THE COURT TH AT THE CHILD HAS WAI VED THE 20
RIGHT TO BE PRESENT; OR 21

(2) THE COURT , AFTER CONSIDERATION AND FINDINGS ON THE 22
RECORD, DETERMINES THAT THE CHILD’S PRESENCE AT THE PR OCEEDING IS NOT 23
IN THE BEST INTEREST OF THE CHILD. 24

(C) BEFORE EXCLUDING A CHILD UNDER SUBSECTION (B) OF THIS SECTION, 25
A COURT SHALL CONSIDER LESS RESTRICTIVE ALTERNATIVES, INCLUDING: 26

(1) ADJUSTMENT OF THE COURT’S SCHEDULE; 27

HOUSE BILL 1290 3

(2) REMOTE PARTICIPATION FOR ANY PARTY TO THE PROCEEDING; 1

(3) TRAUMA–INFORMED SUPPORT FOR THE CHILD; OR 2

(4) LIMITING THE TIME THE CHILD IS PHYSICALLY IN THE 3
COURTROOM REQUESTS TO WAIVE THE CHILD’S PRESENCE AT THE PROCEEDING. 4

(D) (C) THE CHILD’S ATTORNEY MAY NOT W AIVE THE CHILD’S RIGHT TO 5
BE PRESENT AT A CONSULTATION REQUIRED UNDER § 3–823(J) OF THIS SUBTITLE. 6

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.