MarylandHB 11812026 Regular SessionHouseWALLET

Family Law - Children in Out-of-Home Placement - Voluntary Placement Agreements

Sponsored By: Heather Bagnall (Democratic)

Signed by Governor

Family LawPublic HealthBudgets -see also- Capital BudgetsChild Custody -see also- VisitationCommittees and CommissionsCommunity Facilities and ServicesDevelopmental DisabilitiesElectronic GovernmentFoster CareGroup Homes -see also- Foster Care; JuvFacil; SubsAbTrtHealth Care Facilities -see also- Clinics; Hospices; etcHealth, Department ofHealth Occupations -see also- (specific health occupations)Hospitals -see also- Clinics; State HospitalsHuman Services, Department ofIntergovernmental Cooperation -see also- AdmAgn; Cmts; etc.Legislation -see also- Correct Leg; Cur Leg; Emerg BillsLow-IncomeMedical AssistanceMedical TreatmentsMental and Behavioral Health -see also- Aut; Cogn; Dev; etc.NoticesParents and GuardiansPetitionsReportsSocial Services -see also- Public BenefitsSupport of Dependents -see also- AlimonyTimeTrauma Informed Approach -see also- Mental&Behavioral Health

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 6 benefits, 0 costs, 0 mixed.

Child support relief in placements

When a family enters a VPA, the state tells parents they can ask the court to change child support. The Administration cannot send a case to Child Support Enforcement just because of a VPA, and Child Support Enforcement must file to modify any VPA‑based order by October 1, 2026. Courts and the State may not order or accept support that hurts the child or delays permanency. On October 1, 2026, any child support balance owed to the State from before that date for a child in a VPA becomes unenforceable and uncollectible.

Faster voluntary placement for families

Beginning October 1, 2026, the state runs a formal out‑of‑home placement program with a 180‑day default for voluntary placement agreements (VPAs). When a local department gets a VPA request, it sets an assessment within 5 business days and sends a written eligibility decision within 5 business days after the meeting. Any delay must be reported with reasons and fixes. Each local department names a staff contact to handle these cases, and the state provides yearly training.

Stronger rights, longer care for disabled kids

Beginning October 1, 2026, parents who use a VPA keep their legal and school decision rights unless they agree otherwise, and agencies cannot force custody surrender to get services. A child cannot be placed out of home only because a parent lacks shelter, has a disability, or cannot pay for a child’s disability care. For a child with a developmental disability or mental illness, a court can allow placement to continue past 180 days when needed and in the child’s best interests. The law uses the ADA‑based definition of disability. Local departments may not seek guardianship in VPAs used to obtain disability‑related treatment the parent cannot provide. The “reasonable efforts” rule puts the child’s safety first and allows adoption or guardianship planning at the same time as reunification work.

Quicker shelter and mental health help

Beginning October 1, 2026, if a family with a child has no shelter, local departments must refer them to emergency shelter and other services. For a child who is the subject of a VPA request for psychiatric residential treatment and is eligible for Medical Assistance, the local department must notify and directly refer the child to the local behavioral health authority. These steps speed access to safe housing and needed treatment.

Reentry to care for former foster youth

Beginning October 1, 2026, former foster youth can reenter care under a VPA if their commitment ended after age 18 but before age 20 years and 6 months, and they did not exit by reunification, adoption, guardianship, marriage, or military service. Local departments must give written notice before emancipation about the right to reenter and must contact any homeless former CINA to explain the steps. The Administration also adopts rules that match 11 federal eligibility requirements for help to adults age 18 or older.

State tracking of placements and hospital waits

The law creates a Workgroup on children in unlicensed settings and pediatric hospital overstays. The Workgroup reports findings and funding ideas by October 1, 2026. Each local department files yearly VPA data by July 1, 2027 and every July 1 after. DHS publishes statewide totals by December 1, 2027 and every December 1 after. DHS and the Health Department submit a joint outcomes report by October 1, 2029.

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Sponsors & Cosponsors

Sponsor

  • Heather Bagnall

    Democratic • House

Cosponsors

  • Tiffany T. Alston

    Democratic • House

  • Bonnie Cullison

    Democratic • House

  • Guy Guzzone

    Democratic • Senate

  • Terri L. Hill

    Democratic • House

  • Thomas S. Hutchinson

    Republican • House

  • Aaron M. Kaufman

    Democratic • House

  • Nicholaus R. Kipke

    Republican • House

  • Lesley J. Lopez

    Democratic • House

  • Todd B. Morgan

    Republican • House

  • Ashanti Martinez

    House

  • Teresa E. Reilly

    Republican • House

  • Samuel I. Rosenberg

    Democratic • House

  • Kim Ross

    Democratic • House

  • Steve Johnson

    Democratic • House

  • Kathy Szeliga

    Republican • House

  • Deni Taveras

    Democratic • House

  • Jennifer White Holland

    Democratic • House

  • Teresa Woorman

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 296 • No: 0

House vote 4/10/2026

Third Reading Passed

Yes: 129 • No: 0 • Other: 3

Senate vote 4/9/2026

Third Reading Passed

Yes: 40 • No: 0 • Other: 4

House vote 3/21/2026

Third Reading Passed

Yes: 127 • No: 0 • Other: 8

Actions Timeline

  1. Approved by the Governor - Chapter 159

    4/28/2026
  2. Passed Enrolled

    4/10/2026House
  3. Third Reading Passed (129-0)

    4/10/2026House
  4. House Concurs Senate Amendments

    4/10/2026House
  5. Third Reading Passed (40-0)

    4/9/2026Senate
  6. Second Reading Passed with Amendments

    4/9/2026Senate
  7. Floor Amendment {393928/1 (Chair, Judicial Proceedings Committee) Adopted

    4/9/2026Senate
  8. Favorable Adopted

    4/9/2026Senate
  9. Favorable Report by Judicial Proceedings

    4/9/2026Senate
  10. Hearing 4/03 at 1:00 p.m.

    3/25/2026Senate
  11. Referred Judicial Proceedings

    3/23/2026Senate
  12. Third Reading Passed (127-0)

    3/21/2026House
  13. Second Reading Passed with Amendments

    3/20/2026House
  14. Favorable with Amendments {133828/1 Adopted

    3/20/2026House
  15. Favorable with Amendments Report by Appropriations

    3/20/2026House
  16. Hearing 3/03 at 1:00 p.m. (Appropriations)

    2/17/2026House
  17. First Reading Appropriations and Health

    2/11/2026House

Bill Text

  • Enrolled

    4/10/2026

  • Third Reading

    3/20/2026

  • First Reading

    2/11/2026

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