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 § 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.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 8 - Juvenile Causes -- Children in Need of Assistance
Section 3-802 - Purposes and Construction of Subtitle
Section 3-803 - Jurisdiction of Court
Section 3-804 - Continuing Jurisdiction; Termination of Jurisdiction
Section 3-806 - Assignment of Judges; Qualifications
Section 3-807 - Magistrate for Juvenile Causes
Section 3-808 - Cases to Be Tried Without Jury
Section 3-809 - Filing of Petition; Notice for Decision Not to File; Request for Review
Section 3-810 - Form of Pleadings; Procedures; Confidentiality
Section 3-811 - Content of Petition
Section 3-813 - Right to Counsel
Section 3-814 - Taking Child Into Custody
Section 3-815 - Shelter Care for Child Alleged to Be in Need of Assistance
Section 3-816 - Study Concerning Matters Relevant to Case
Section 3-816.1 - Findings in Certain Hearings
Section 3-816.2 - Review Hearings
Section 3-816.3 - Rights of Preadoptive Parents, Foster Parents, and Caregivers of Child
Section 3-816.4 - Educational Stability
Section 3-817 - Adjudicatory Hearing
Section 3-818 - Presumption That Child Is Not Receiving Proper Care and Attention
Section 3-819 - Disposition Hearing
Section 3-819.1 - Voluntary Placement Hearing
Section 3-819.2 - Custody and Guardianship to Individual
Section 3-820 - Removal of Child From Court-Ordered Placement
Section 3-821 - Order Controlling Conduct of Person Before Court
Section 3-822 - Address and Identity of Parents
Section 3-823 - Permanency Plan for Out-of-Home Placement
Section 3-825 - Limitations Regarding Commitment Facilities
Section 3-826 - Reports Prior to Hearings; Custodian Progress Reports
Section 3-827 - Confidentiality of Records