House gives initial OK to foster care package, including ‘Kanaiyah’s Law’ and hotel bans

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The House of Delegates gave a package of foster care-related initial approval Friday after months of conversations about how to improve the system for children in Maryland.

The legislation follows the death of a teen in foster care who was placed in a Baltimore City hotel, a scathing audit revealing several gaps in oversight and management, and the replacement of the Department of Human Services secretary. Kanaiyah Ward, 16, struggled with mental health and took her own life while awaiting another placement.

The three bills include a ban on unlicensed settings for placements, requires more training for local social services staff and data reporting, alters how voluntary out-of-home placement process unfold, creates a foster care ombudsman, and requires background checks for adults living in guardianship homes.

House Speaker Joseline Pena-Melnyk sponsored the bill banning placements in unlicensed settings – including hotels. Following the second reader vote, which included applause from members inside the chamber, she thanked committee members who worked on the legislation.

ALSO READ | House panel advances ‘Kanaiyah’s Law’ to boost background checks, create ombudsman

“This is a really important bill for the kids in Maryland,” Speaker Pena-Melnyk said.

Del. Mike Griffith, a Republican representing Cecil and Harford Counties, is the lead sponsor on ‘Kanaiyah’s Law,’ one of the bills included in the foster care package. His bill creates the foster care ombudsman and ties funding from the guardianship assistance program to background checks.

“I mean, there’s been a lot of work put together on this by a lot of folks across the aisle,” Griffith said. “It’s exciting to be a part of something like this that is, you know, making some real change, helping real people and making sure a tragedy is addressed.”

The ombudsman must be an attorney and would be responsible for providing expertise in child welfare, custody and guardianship issues, appeals and due process issues, as well as investigate complaints youth in out-of-home placements, and advocate for out-of-home care foster care children.

During the bill hearing on Feb. 26, Kanaiyah’s mother, Brooke, told lawmakers she hoped the bill would become a reality.

“I hope that you don’t think we are here to just memorialize the loss,” Ward told the House Judiciary Committee. “We are hoping that the young men and women who need the help get it, and that the systems that they rely upon to protect and serve them actually work.”

I hope we can put politics aside and focus on something that we all have in common: the love of our children, Brooke Ward told lawmakers.

Ward’s death was the catalyst for the systemic changes, though days prior to the teen’s death, a scathing audit was published about the Social Services Administration revealing the agency lacked background check protocols and other issues.

ALSO READ | In Depth: The push for foster care reforms in Maryland and other concerns within DHS

“We obviously want something like what happened to Kanaiyah to never happen again, but we want even foster kids in moderate situations to have better opportunity because no child ends up in foster care without some kind of tragedy happening to them,” Griffith said. “They’re already starting with such a big disadvantage, not just financially, but emotionally and their self-worth.

If we can start making them feel like a priority, finally, we’re going to have better outcomes for those kids as well. This is robust and this is a good investment, Del. Griffith said.

For Griffith, this issue is personal; he spent most of his teen years in foster care. As his legislation passed on second reader, he said he felt emotional, acknowledging the impact his efforts could have on others.

“We always hope you have an opportunity to do something that matters, and much less something that matters that personally affected you. It makes this whole thing worthwhile to be able to come down here and do something that you’ve known has been broken for a long time that people haven’t paid attention to and be part of the solution and finally being able to help draw attention to this,” Griffith said.

A final vote from the House could come on Saturday before heading to the Senate for consideration; it’s not expected to face many hurdles. If the proposals clear the Senate without changes, they would head to Gov. Wes Moore’s desk for consideration.

“I think we’re going to be able to really transfer the foster care system in a big way starting this year,” Del. Griffith said.

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