2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 8 - Juvenile Causes -- Children in Need of Assistance.
§ 3-818. Presumption that child is not receiving proper care and attention

  • Within 1 year after a child's birth, there is a presumption that a child is not receiving proper care and attention from the mother for purposes of ยง 3-801(f)(2) of this subtitle if:
    • (1)
      • (i) The child was born exposed to cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate tests of the mother or child; or
      • (ii) Upon admission to a hospital for delivery of the child, the mother tested positive for cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and
    • (2) Drug treatment is made available to the mother and the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of drug treatment.
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