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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0604*
SENATE BILL 604
D4, D5 6lr2825
By: Senator M. Washington
Introduced and read first time: February 5, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Adoption, Foster Care, and Public Services – Prohibition Against 2
Discrimination 3
FOR the purpose of prohibiting a child placement agency from denying a prospective 4
parent’s application to adopt a child based on certain charac teristics with certain 5
exceptions; prohibiting the Social Services Administration of the Department of 6
Human Services and certain agencies, institutions, and facilities from discriminating 7
against a foster parent, a prospective foster parent, or a child in foster care based on 8
certain characteristics; prohibiting the Department, a local department of human 9
services, or any individual or entity that receives funds from the Department, or from 10
whom the Department purchases services , from discrimination in the provision of 11
services or in employment practices based on certain characteristics with certain 12
exceptions; and generally relating to adoption, foster care, and the Department of 13
Human Services. 14
BY adding to 15
Article – Family Law 16
Section 5–3A–38 and 5–525(m) 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2025 Supplement) 19
BY repealing and reenacting, without amendments, 20
Article – Family Law 21
Section 5–501(a) through (c) 22
Annotated Code of Maryland 23
(2019 Replacement Volume and 2025 Supplement) 24
BY adding to 25
Article – Human Services 26
Section 2–214 27
Annotated Code of Maryland 28
2 SENATE BILL 604
(2019 Replacement Volume and 2025 Supplement) 1
BY repealing and reenacting, without amendments, 2
Article – Human Services 3
Section 3–101(a) and (d) 4
Annotated Code of Maryland 5
(2019 Replacement Volume and 2025 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Family Law 9
5–3A–38. 10
(A) A CHILD PLACEMENT AGEN CY MAY NOT DENY AN I NDIVIDUAL’S 11
APPLICATION TO BE AN ADOPTIVE PARENT: 12
(1) BECAUSE THE INDIVIDUAL: 13
(I) IS DIVORCED; 14
(II) IS SEPARATED FROM A SPOUSE; 15
(III) IS NOT MARRIED; 16
(IV) HAS OTHER CHILDREN IN THE FAMILY; 17
(V) DOES NOT OWN A HOME; OR 18
(VI) IS UNABLE TO PAY A R EASONABLE FEE FOR AD OPTION 19
SERVICES; OR 20
(2) BECAUSE OF THE APPLICANT’S OR ADOPTIVE CHILD’S: 21
(I) RACE; 22
(II) COLOR; 23
(III) CULTURE; 24
(IV) NATIONAL ORIGIN; 25
(V) SEXUAL ORIENTATION; 26
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(VI) ETHNICITY; OR 1
(VII) GENDER IDENTITY. 2
(B) A CHILD PLACEMENT AGEN CY SHALL DENY AN APP LICATION IF THE 3
AGENCY DETERMINES THAT AN APPLICANT: 4
(1) HAS A CHILD SUPPORT ACCOUNT THAT IS IN S UBSTANTIAL 5
ARREARAGE, WHICH MAY AFFECT THE APPLICANT’S ABILITY TO PROVIDE FOR THE 6
ADOPTIVE CHILD; 7
(2) HAS INSUFFICIENT FUN DS TO PROVIDE ADEQUATELY FOR THE 8
ADOPTIVE CHILD; 9
(3) HAS PHYSICAL OR MENTAL HEALTH ISSUES THAT PRECLUDE THE 10
ABILITY TO PARENT THE ADOPTIVE CHILD; 11
(4) IS UNDER THE AGE OF 18 YEARS; 12
(5) HAS A CRIMINAL BACKGROUND OR RECORD OF CHILD A BUSE OR 13
NEGLECT THAT PRECLUDES THE POSSIBILITY OF BEING AN ADOPTIVE PARENT; 14
(6) HAS AN ACTIVE ADOPTI ON APPLICATION OR HO ME STUDY WITH 15
ANOTHER CHILD PLACEMENT AGENCY; 16
(7) HAD A PREVIOUS APPLICATION DENIED FOR A VALID REASON; 17
(8) IS A MEMBER OF THE C HILD PLACEMENT AGENCY’S GOVERNING 18
BOARD; 19
(9) IS AN ADOPTION SERVICE EMPLOYEE OF THE CHILD P LACEMENT 20
AGENCY; 21
(10) HAS A LIVING SPACE T HAT IS INADEQUATE FO R AN ADDITIONAL 22
FAMILY MEMBER; OR 23
(11) KNOWINGLY PROVIDED F ALSE INFORMATION ON THE 24
APPLICATION. 25
5–501. 26
(a) In this subtitle the following words have the meanings indicated. 27
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(b) “Administration” means: 1
(1) the Social Services Administration of the Department; or 2
(2) any other unit within the Department to which the Secretary of Human 3
Services has delegated in writing specified responsibilities of the Administration under this 4
subtitle. 5
(c) “Foster care” means continuous 24 –hour care and supportive services 6
provided for a minor child placed by a child placement agency in an approved family home. 7
5–525. 8
(M) THE ADMINISTRATION AND ANY AGENCY , INSTITUTION, OR FACILITY 9
THAT ADMINISTERS FOSTER CARE IN THE STATE MAY NOT DISCRIMINATE AGAINST 10
A FOSTER PARENT, A PROSPECTIVE FOSTER PARENT, OR A CHILD IN FOSTER CA RE 11
BASED ON: 12
(1) SEXUAL ORIENTATION; 13
(2) GENDER IDENTITY; OR 14
(3) MARITAL STATUS. 15
Article – Human Services 16
2–214. 17
(A) IN THIS SUBSECTION , “LOCAL DEPARTMENT ” HAS THE MEANING 18
STATED IN § 3–101 OF THIS ARTICLE. 19
(B) EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (D) OF THIS SECTION , 20
THE DEPARTMENT, A LOCAL DEPARTMENT , OR ANY INDIVIDUAL OR EN TITY THAT 21
RECEIVES FUNDS FROM THE DEPARTMENT, OR FROM WHOM THE DEPARTMENT 22
PURCHASES SERVICES, MAY NOT DISCRIMINATE: 23
(1) IN THE PROVISION OF SERVICES TO THE PUBLIC BASED ON: 24
(I) RACE; 25
(II) RELIGION; 26
(III) COLOR; 27
(IV) NATIONAL ORIGIN; 28
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(V) SEX; 1
(VI) PHYSICAL OR MENTAL DISABILITY; 2
(VII) AGE; 3
(VIII) SEXUAL ORIENTATION; OR 4
(IX) GENDER IDENTITY; OR 5
(2) IN EMPLOYMENT PRACTICES BASED ON: 6
(I) POLITICAL OR RELIGIOUS AFFILIATION OR OPINION; 7
(II) MARITAL STATUS; OR 8
(III) A CHARACTERISTIC LISTED IN ITEM (1) OF THIS 9
SUBSECTION. 10
(C) DISCRIMINATION THAT I S OTHERWISE PROHIBIT ED UNDER 11
SUBSECTION (B)(1) OF THIS SECTION IS AUTH ORIZED WHEN THE DIST INCTION IS 12
BASED ON: 13
(1) SEX OR AGE AS AUTHORIZED OR REQUIRED BY STATUTE; 14
(2) RELIGION WHEN NECESSARY TO PROTECT THE RELIGIOUS 15
HERITAGE OF A MINOR; OR 16
(3) DISABILITY WHEN NECESSARY TO PROVIDE DISABLED 17
INDIVIDUALS WITH AID, CARE, SERVICES, OR BENEFITS THAT ARE COMPARABLE TO 18
THOSE PROVIDED TO ALL RECIPIENTS. 19
(D) THE PROHIBITION S OF THIS SECTION DO N OT APPLY IF THE 20
DISCRIMINATORY PRACTICES ARE AUTHORIZED BY ANOTHER LAW. 21
3–101. 22
(a) In this title the following words have the meanings indicated. 23
(d) “Local department” means: 24
(1) a local department of social services created or continued in a county 25
under § 3–201 of this title; or 26
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(2) in Montgomery County, the Montgomery County government. 1
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2026. 3