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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0737*
SENATE BILL 737
E3 6lr1933
By: Senator Benson
Introduced and read first time: February 6, 2026
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Juvenile Law – Probation and Treatment Services – Required Disposition 2
(Parental Accountability Act) 3
FOR the purpose of requiring the juvenile court to order certain probation for a child found 4
to have committed certain delinquent acts more than once or adjudicated to be a 5
certain child in need of supervision more than once ; requiring probation of a child 6
adjudged delinquent for certain acts or a certain child in need of supervision to 7
include the adoption of a treatment service plan and providing the child and the 8
child’s family with certain services; requiring the juvenile court to order a parent, 9
guardian, or custodian to participate in a treatment service plan; and generally 10
relating to probation and treatment services for children in juvenile court. 11
BY repealing and reenacting, without amendments, 12
Article – Courts and Judicial Proceedings 13
Section 3–8A–19(a), (b), and (c) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Courts and Judicial Proceedings 18
Section 3–8A–19(d) and 3–8A–20.1 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2025 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Courts and Judicial Proceedings 24
3–8A–19. 25
2 SENATE BILL 737
(a) The provisions of this section do not apply to a peace order request or a peace 1
order proceeding. 2
(b) (1) After an adjudicatory hearing the court shall hold a separate 3
disposition hearing, unless the petition or citation is dismissed or unless such hearing is 4
waived in writing by all of the parties. 5
(2) A disposition hearing may be held on the same day as the adjudicatory 6
hearing if notice of the disposition hearing, as prescribed by the Maryland Rules, is waived 7
on the record by all of the parties. 8
(c) The priorities in making a disposition are consistent with the purposes 9
specified in § 3–8A–02 of this subtitle. 10
(d) (1) [In] SUBJECT TO PARAGRAPH (2)(II) OF THIS SUBSECTION , IN 11
making a disposition on a petition under this subtitle, the court may: 12
(i) Subject to § 3 –8A–19.6 of this subtitle, place the child on 13
probation or under supervision in his own home or in the custody or under the guardianship 14
of a relative or other fit person, upon terms the court deems appropriate, including 15
community detention; 16
(ii) Subject to the provisions of paragraphs (2) and (3) of this 17
subsection, commit the child to the custody or under t he guardianship of the Department 18
of Juvenile Services, the Maryland Department of Health, or a public or licensed private 19
agency on terms that the court considers appropriate to meet the priorities set forth in § 20
3–8A–02 of this subtitle, including desig nation of the type of facility where the child is to 21
be accommodated, until custody or guardianship is terminated with approval of the court 22
or as required under § 3–8A–24 of this subtitle; or 23
(iii) Order the child, parents, guardian, or custodian of t he child to 24
participate in rehabilitative services that are in the best interest of the child and the family. 25
(2) (I) In addition to the provisions of paragraph (1) of this subsection 26
AND EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, in making a 27
disposition on a petition, the court may adopt a treatment service plan, as defined in § 28
3–8A–20.1 of this subtitle. 29
(II) THE COURT SHALL PLACE A CHILD NOT ORDERED TO BE 30
HELD IN SECURE CONFINEMENT ON PROBATION IF: 31
1. THE COURT DETERMINES THE CHILD HAS , MORE 32
THAN ONCE: 33
A. COMMITTED A DELINQUENT ACT THAT , IF 34
COMMITTED BY AN ADULT, WOULD CONSTITUTE A CRIME OF VIOLENCE AS DEFINED 35
SENATE BILL 737 3
IN § 14–101 OF THE CRIMINAL LAW ARTICLE, OR A CRIME OF VIOLEN CE WITH A 1
DANGEROUS WEAPON; OR 2
B. USED A FIREARM IN THE COMMISSION OF A CRIME IN 3
VIOLATION OF § 4–204 OF THE CRIMINAL LAW ARTICLE; OR 4
2. THE CHILD IS FOUND TO BE A CHILD IN NEED O F 5
SUPERVISION MORE THAN ONCE BECAUSE THE CHILD IS REQUIRED BY LAW TO 6
ATTEND SCHOOL AND IS HABITUALLY TRUANT. 7
(III) PROBATION REQUIRED UNDER SUBPARAGRAPH (II) OF THIS 8
PARAGRAPH SHALL: 9
1. INCLUDE AN ORDER TO A DOPT A TREATMENT 10
SERVICE PLAN, AS DEFINED IN § 3–8A–20.1 OF THIS SUBTITLE; AND 11
2. REQUIRE THE PARTICIPA TION OF THE CHILD AN D 12
THE CHILD ’S PARENT , GUARDIAN, OR CUSTODIAN IN REHA BILITATIVE SERVICES 13
DESCRIBED IN PARAGRAPH (1)(III) OF THIS SUBSECTION. 14
(3) (i) A child may not be committed to the Department of Juvenile 15
Services for out–of–home placement if the most serious offense is: 16
1. Possession of cannabis under § 5 –601(c)(2)(ii) of the 17
Criminal Law Article; 18
2. An offense that would be a misdemeanor if committed by 19
an adult, unless the offense involves a firearm; 20
3. A technical violation, as defined in § 3 –8A–19.6 of this 21
subtitle; or 22
4. A first–time violation for making a false statement, report, 23
or complaint of an emergency or a crime under § 9–501.1 of the Criminal Law Article. 24
(ii) This paragraph may not be construed to prohibit the court from 25
committing the child to another appropriate agency. 26
(4) A child committed under paragraph (1)(ii) of this subsection may not be 27
accommodated in a facility that has reached budgeted capacity if a bed is available in 28
another comparable facility in the State, unless the placement to the fa cility that has 29
reached budgeted capacity has been recommended by the Department of Juvenile Services. 30
(5) The court shall consider any oral address made in accordance with § 31
11–403 of the Criminal Procedure Article or any victim impact statement, as de scribed in 32
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§ 11–402 of the Criminal Procedure Article, in determining an appropriate disposition on a 1
petition. 2
(6) (i) If the court finds that a child enrolled in a public elementary or 3
secondary school is delinquent or in need of supervision and commi ts the child to the 4
custody or under the guardianship of the Department of Juvenile Services, the court may 5
notify the county superintendent, the supervisor of pupil personnel, or any other official 6
designated by the county superintendent of the fact that the child has been found to be 7
delinquent or in need of supervision and has been committed to the custody or under the 8
guardianship of the Department of Juvenile Services. 9
(ii) If the court rescinds the commitment order for a child enrolled in 10
a public elementary or secondary school, the court may notify the county superintendent, 11
the supervisor of pupil personnel, or any other official designated by the county 12
superintendent of the fact that the child is no longer committed to the custody of the 13
Department of Juvenile Services. 14
(iii) The notice authorized under subparagraphs (i) and (ii) of this 15
paragraph may not include any order or pleading related to the delinquency or child in need 16
of supervision case. 17
(7) If a child placed in community detention under an electronic monitoring 18
agreement under this subsection violates the agreement, the Department of Juvenile 19
Services shall notify within 24 hours after the violation: 20
(i) The juvenile court; 21
(ii) The office of the State’s Attorney; and 22
(iii) The child’s defense attorney. 23
3–8A–20.1. 24
(a) (1) In this section, “treatment service plan” means a plan recommended OR 25
ORDERED at a disposition hearing under § 3 –8A–19 of this subtitle or at a disposition 26
review hearing under this section by th e Department of Juvenile Services to the court 27
proposing specific assistance, guidance, treatment, or rehabilitation of a child. 28
(2) In making a treatment service plan, a juvenile counselor shall meet 29
with the child who is the subject of the treatment s ervice plan and the child’s parent, 30
guardian, or legal custodian to discuss the treatment service plan. 31
(3) (I) If a child’s parent, guardian, or legal custodian is unable or 32
refuses to meet with the juvenile counselor, the treatment service plan shall indicate that 33
the parent, guardian, or legal custodian is unable or refuses to meet, and the reason for the 34
inability or refusal to meet, if known. 35
SENATE BILL 737 5
(II) IF THE COURT ORDERS A TREATMENT SERVICE PL AN 1
UNDER § 3–8A–19(D)(2)(II) OF THIS SUBTITLE AND THE CHI LD’S PARENT , 2
GUARDIAN, OR LEGAL CUSTODIAN D OES NOT PARTICIPATE IN THE TREATMENT 3
SERVICE PLAN OR MEET WITH THE JUVENILE CO UNSELOR, THE COURT SHALL 4
ORDER THE PARENT , GUARDIAN, OR LEGAL CUSTODIAN T O PARTICIPATE IN THE 5
TREATMENT SERVICE PLAN AND MEET WITH THE JUVENILE COUNSELOR. 6
(4) At a minimum, the treatment service plan shall include: 7
(i) The recommended level of supervision for the child; 8
(ii) Specific goals for the child and family to meet, along with 9
timelines for meeting those goals; 10
(iii) A statement of any condition that the child’s parent, guardian, or 11
legal custodian must change in order to alleviate any risks to the child; 12
(iv) A statement of the services to be provided to the child and child’s 13
family; and 14
(v) Any other informa tion that may be necessary to make a 15
disposition consistent with the child’s best interests and the protection of the public 16
interest. 17
(b) (1) In making a disposition on a petition under § 3 –8A–19 of this subtitle, 18
if the court adopts a treatment service plan, the Department of Juvenile Services shall 19
ensure that implementation of the treatment service plan occurs within 25 days after the 20
date of disposition. 21
(2) If a treatment service plan requires specified supervision, mentoring, 22
mediation, monitoring, or placement, implementation of the treatment service plan is 23
considered to have occurred only when the supervision, mentoring, mediation, monitoring, 24
or placement occurs. 25
(3) The Department of Juvenile Services shall provide certification i n 26
writing to the court within 25 days after the date of disposition whether implementation of 27
the treatment service plan has occurred and explain attempts made to ensure 28
implementation. 29
(4) The Department of Juvenile Services shall forward a copy of the 30
certification described in paragraph (3) of this subsection to the Commission on Juvenile 31
Justice Reform and Emerging and Best Practices under § 9–3502 of the State Government 32
Article so that the Commission may evaluate patterns of failed implementation. 33
(c) (1) If a treatment service plan is not implemented by the Department of 34
Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall 35
6 SENATE BILL 737
schedule, within 7 days after receipt of the certification, a disposition review hearing to be 1
held within 30 days after receipt of the certification. 2
(2) The court shall give at least 7 days’ notice of the date and time of the 3
disposition review hearing to each party and to the Department of Juvenile Services. 4
(d) (1) The court shall ho ld a disposition review hearing unless the 5
Department of Juvenile Services certifies in writing to the court prior to the hearing that 6
implementation of the treatment service plan has occurred. 7
(2) At a disposition review hearing, the court may: 8
(i) Revise, in accordance with the provisions of § 3 –8A–19 of this 9
subtitle, the disposition previously made; and 10
(ii) Revise the treatment service plan previously adopted. 11
(e) This section may not be construed to provide entitlement to services not 12
otherwise provided by law. 13
(f) The Supreme Court of Maryland may adopt rules to implement the provisions 14
of this section. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17