Criminal Law - Criminal or Delinquent Act of a Child - Liability of a Parent, Guardian, or Custodian
HB683 would create a new misdemeanor offense for a parent, guardian, or custodian who intentionally, knowingly, recklessly, or negligently acts or fails to act in a way that results in a child committing a crime or delinquent act. A person convicted under the bill could face up to 30 days in jail, a fine of up to $2,500, or both. The bill also requires the convicted adult to participate in all court proceedings related to the child’s case and in any treatment, counseling, or diversion programs ordered for the child, with willful noncompliance treated as contempt of court.
The bill also amends juvenile restitution rules so that, when a court orders restitution in a child’s case, the court must generally order the child’s parent, guardian, or custodian to pay it, unless the restitution is owed to that adult, in which case the child may be ordered to pay. It preserves the existing $10,000 cap on restitution for a single incident and requires that a parent, guardian, or custodian be given a reasonable opportunity to be heard before a restitution judgment is entered against them. The bill takes effect October 1, 2025.
HB683 would expand Maryland law by creating direct criminal liability for adults whose conduct is found to contribute to a child’s criminal or delinquent act, and by shifting restitution responsibility more explicitly onto parents, guardians, or custodians in juvenile cases. It amends the Courts and Judicial Proceedings Article, the Criminal Law Article, and the Criminal Procedure Article, affecting juvenile court practice, restitution enforcement, and the potential exposure of caregivers to criminal penalties and court-ordered financial obligations.
No committee transcripts or recorded votes were provided, so there is no documented public debate or vote history to gauge support or opposition. Based on the bill text alone, the measure appears punitive and accountability-focused, aiming to increase parental responsibility for juvenile offending.
The main points of contention likely center on whether it is appropriate to impose criminal liability and financial responsibility on parents, guardians, or custodians for a child’s conduct, especially where the adult’s failure to act is only negligent. Supporters would likely emphasize deterrence, parental accountability, and restitution for victims, while critics may argue the bill is overly broad, could punish families for circumstances beyond their control, and may create due-process and fairness concerns in juvenile proceedings.