Md. Code Ann., Hum. Servs. § 8-716
Youth transportation company; use of restraints or visual impairments; pickup restrictions
Effective Oct 1, 2025Added by Acts 2025, c. 343, § 1, eff. Oct. 1, 2025; Acts 2025, c. 344, § 1, eff. Oct. 1, 2025.State of Maryland
(a) When the final intended destination is a residential child care program and subject to subsection (b) of this section, a youth transportation company may not use:
- (1) visual impairment, such as blindfolds and hoods;
- (2) mechanical restraints, such as handcuffs, chains, irons, straitjackets, cloth restraints, leather restraints, plastic restraints, or other similar items; or
(3) physical restraints, including holds, or other use of physical force to restrict free movement, unless:
- (i) the restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others; and
- (ii) there are no less restrictive alternatives that will alleviate the substantial likelihood of imminent serious physical harm to the child or others.
(b)
(1) Physical restraints may not be used:
- (i) as punishment;
- (ii) for convenience; or
- (iii) as a substitute for staff supervision.
- (2) Only youth transportation company staff who have been adequately trained in restraint device usage may use and apply restraints during transportation.
- (3) If restraints are necessary due to a substantial likelihood of imminent serious physical harm to a child or others, the restraints may be used only as long as the imminent risk persists.
(c)
- (1) Except as provided in paragraph (2) of this subsection, when the final intended destination is a residential child care program, a youth transportation company may not pick up a child for transport to a residential child care program between the hours of 9 p.m. and 6 a.m.
- (2) Paragraph (1) of this subsection does not apply to a youth transportation company under contract with the Department of Human Services.
Added by Acts 2025, c. 343, § 1, eff. Oct. 1, 2025; Acts 2025, c. 344, § 1, eff. Oct. 1, 2025.