Unofficial Copy 2004 Regular Session

     D4 4lr2267
     ____________________________________________________________________________________

     By: Delegate Quinter

     Introduced and read first time: February 13, 2004

     Assigned to: Judiciary
     _____________________________________________________________________________________

A BILL ENTITLED

     1 AN ACT concerning

     2 Protective Parent Reform Act

     3 FOR the purpose of establishing that certain evidence is not admissible in a child

     4 custody or visitation proceeding under certain circumstances; requiring the

     5 court to appoint only a certain mental health professional to provide mental

     6 health services in a certain custody or visitation proceeding; requiring counsel

     7 appointed for a child in a certain custody or visitation proceeding to disclose

     8 certain information and present certain evidence; requiring that each party and

     9 counsel for the child receive a certain evaluation and report within a certain

     10 time period, except under certain circumstances; and generally relating to child

     11 custody and visitation.

     12 BY adding to

     13 Article - Family Law

     14 Section 9-101.2

     15 Annotated Code of Maryland

     16 (1999 Replacement Volume and 2003 Supplement)

     17 BY repealing and reenacting, without amendments,

     18 Article - Family Law

     19 Section 9-304, 9-305, and 9-306

     20 Annotated Code of Maryland

     21 (1999 Replacement Volume and 2003 Supplement)

     22 SECTION 1.  BE IT ENACTED BY THE GENERAL ASSEMBLY OF

     23 MARYLAND, That the Laws of Maryland read as follows:

     24 Article - Family Law

     25 9-101.2.

     26 (A) (1) A FINDING RESULTING FROM AN INVESTIGATION CONDUCTED BY A

     27 LAW ENFORCEMENT AGENCY OR A LOCAL DEPARTMENT OF SOCIAL SERVICES

     28 UNDER TITLE 5, SUBTITLE 7 OF THIS ARTICLE IS NOT ADMISSIBLE IN A CUSTODY OR

     1 VISITATION PROCEEDING IF THE ADMISSION OF THE FINDING IS OPPOSED BY A

     2 PARTY, UNLESS THAT PARTY WAS PROVIDED WITH THE OPPORTUNITY TO APPEAL

     3 THE FINDING UNDER § 5-706.1 OF THIS ARTICLE.

     4 (2) EVIDENCE BY AN EXPERT IN A CUSTODY OR VISITATION

     5 PROCEEDING THAT SEEKS TO DISCREDIT A PARTY FOR ASSERTING THAT THE

     6 PARTY'S CHILD HAS BEEN ABUSED OR NEGLECTED BY ANOTHER PARTY IS NOT

     7 ADMISSIBLE UNLESS THE EVIDENCE IS BASED ON CONCEPTS AND THEORIES

     8 GENERALLY ACCEPTED BY THE SCIENTIFIC COMMUNITY AND SUPPORTED BY

     9 ADMISSIBLE FACTS.

     10 (3) EVIDENCE THAT A PARENT FILED A PETITION WITH THE COURT

     11 UNDER § 9-306 OF THIS TITLE IS NOT ADMISSIBLE IN A CUSTODY OR VISITATION

     12 PROCEEDING IF THE COURT MADE A FINDING ON THE PETITION THAT AT THE TIME

     13 THE ACT WAS DONE, A FAILURE TO DO THE ACT WOULD HAVE RESULTED IN A CLEAR

     14 AND PRESENT DANGER TO THE HEALTH, SAFETY, OR WELFARE OF THE CHILD.

     15 (B) WHENEVER CHILD ABUSE OR NEGLECT IS AN ISSUE IN A CUSTODY OR

     16 VISITATION PROCEEDING:

     17 (1) THE COURT MAY APPOINT ONLY A QUALIFIED MENTAL HEALTH

     18 PROFESSIONAL WHO POSSESSES SPECIALIZED TRAINING AND EXPERIENCE

     19 RELEVANT TO CHILD ABUSE AND NEGLECT TO PROVIDE MENTAL HEALTH SERVICES,

     20 INCLUDING CUSTODY EVALUATIONS; AND

     21 (2) ANY COUNSEL APPOINTED TO REPRESENT A CHILD WHO IS

     22 COMPETENT TO TESTIFY SHALL DISCLOSE THE PREFERENCES OF THE CHILD AND

     23 PRESENT ANY EVIDENCE DISCLOSED BY THE CHILD RELEVANT TO THE

     24 PREFERENCES OF THE CHILD.

     25 (C) EXCEPT FOR EMERGENCY PROCEEDINGS OR PROCEEDINGS UNDER TITLE

     26 4, SUBTITLE 5 OF THIS ARTICLE, EACH PARTY AND THE COUNSEL FOR THE CHILD

     27 SHALL RECEIVE ANY COURT-APPOINTED CUSTODY EVALUATION AND MENTAL

     28 HEALTH REPORT AT LEAST 15 DAYS BEFORE A HEARING ON CUSTODY OR

     29 VISITATION.

     30 9-304.

     31 If a child is under the age of 16 years, a relative who knows that another person

     32 is the lawful custodian of the child may not:

     33 (1) abduct, take, or carry away the child from the lawful custodian to a

     34 place within this State;

     35 (2) having acquired lawful possession of the child, detain the child

     36 within this State for more than 48 hours after the lawful custodian demands that the

     37 child be returned;

     38 (3) harbor or hide the child within this State, knowing that possession of

     39 the child was obtained by another relative in violation of this section; or

     1 (4) act as an accessory to an act prohibited by this section.

     2 9-305.

     3 (a) If a child is under the age of 16 years, a relative who knows that another

     4 person is the lawful custodian of the child may not:

     5 (1) abduct, take, or carry away the child from the lawful custodian to a

     6 place in another state;

     7 (2) having acquired lawful possession of the child, detain the child in

     8 another state for more than 48 hours after the lawful custodian demands that the

     9 child be returned;

     10 (3) harbor or hide the child in another state knowing that possession of

     11 the child was obtained by another relative in violation of this section; or

     12 (4) act as an accessory to an act prohibited by this section.

     13 (b) If a child is under the age of 16 years, a relative who knows that another

     14 person is the lawful custodian of the child may not:

     15 (1) abduct, take, or carry away the child from the lawful custodian to a

     16 place that is outside of the United States or a territory of the United States or the

     17 District of Columbia or the Commonwealth of Puerto Rico;

     18 (2) having acquired lawful possession of the child, detain the child in a

     19 place that is outside of the United States or a territory of the United States or the

     20 District of Columbia or the Commonwealth of Puerto Rico for more than 48 hours

     21 after the lawful custodian demands that the child be returned;

     22 (3) harbor or hide the child in a place that is outside of the United States

     23 or a territory of the United States or the District of Columbia or the Commonwealth

     24 of Puerto Rico knowing that possession of the child was obtained by another relative

     25 in violation of this section; or

     26 (4) act as an accessory to an act prohibited by this section.

     27 9-306.

     28 (a) If an individual violates the provisions of § 9-304 or § 9-305 of this

     29 subtitle, the individual may file in an equity court a petition that:

     30 (1) states that, at the time the act was done, a failure to do the act would

     31 have resulted in a clear and present danger to the health, safety, or welfare of the

     32 child; and

     33 (2) seeks to revise, amend, or clarify the custody order.

     34 (b) If a petition is filed as provided in subsection (a) of this section within 96

     35 hours of the act, a finding by the court that, at the time the act was done, a failure to

     1 do the act would have resulted in a clear and present danger to the health, safety, or

     2 welfare of the child is a complete defense to any action brought for a violation of §

     3 9-304 or § 9-305 of this subtitle.

     4 SECTION 2.  AND BE IT FURTHER ENACTED, That this Act shall take