Child Placement Services - Advertising by Unlicensed Person - Prohibition
Summary
HB1258 prohibits the advertising of adoption services in Maryland by anyone other than a local department or a child placement agency licensed by the Social Services Administration. The bill defines “advertise” broadly to include print, digital, internet, social media, streaming, direct mail, email, text messaging, and other communications intended to promote private child placement services, and it applies to ads originating inside or outside the state if they target Maryland residents directly or indirectly.
The bill also creates an enforcement framework. The Social Services Administration may investigate alleged violations, issue cease-and-desist orders, and notify the Attorney General. The Attorney General may then seek civil relief, including a $10,000 penalty for each violation and any other damages authorized by law. A violation is also classified as an unfair, abusive, or deceptive trade practice under the Maryland Consumer Protection Act, bringing it within the state’s consumer protection enforcement and penalty provisions.
Impact
HB1258 amends both the Family Law Article and the Commercial Law Article. It adds a new Family Law section restricting who may advertise adoption services and establishes administrative and attorney general enforcement authority, while also expanding the list of unfair, abusive, or deceptive trade practices to include violations of the new advertising ban. The practical effect is to limit adoption-related marketing to licensed child placement agencies and local departments, and to expose unlicensed advertisers to civil penalties and consumer protection liability.
Sentiment
The bill appears to have broad legislative support. It passed the House on third reading by a vote of 126-4, and the committee report was favorable with amendments. The available record does not include committee testimony, but the strong floor vote suggests general agreement with the bill’s consumer-protection and child-welfare rationale.
Contention
The main point of contention is likely the scope of the advertising ban and its reach beyond Maryland borders, since the bill covers advertisements that originate outside the state but target Maryland residents. Another possible concern is the breadth of the definition of “advertise,” which extends to many forms of digital and indirect outreach, and the use of consumer-protection penalties for what is essentially a licensing and regulatory violation. Supporters likely view these provisions as necessary to prevent unlicensed adoption solicitation and protect prospective parents and children, while critics may worry about overbreadth or impacts on speech and interstate marketing.