Maryland's Senate passed HB 980, known as Kanaiyah's Law, unanimously by a 45-0 vote on April 13, 2026, the last day of the legislative session. The bill prohibits the Department of Human Services from placing foster children in hotels or other unlicensed settings, requires criminal background checks for every adult in a Guardianship Assistance Program home, and creates a State Foster Youth Ombudsman. Governor Wes Moore is expected to sign it into law.
Key Facts
| Item | Details |
|---|---|
| What happened | HB 980 (Kanaiyah's Law) passed Maryland Senate 45-0 |
| When | April 13, 2026 (final day of 2026 session) |
| Where | Maryland General Assembly, Annapolis |
| Who's affected | Roughly 4,700 Maryland foster youth and all Guardianship Assistance Program households |
| Key statutes | Amends Md. Code, Fam. Law § 5-525 (out-of-home placement) and Md. Code, Fam. Law § 5-534 (Guardianship Assistance) |
| Practical impact | Bans hotel placements, mandates background checks, creates a legal ombudsman office |
The legislation is named for 16-year-old Kanaiyah Ward, who died in state custody in September 2025 after being placed alone in a Baltimore hotel room, according to reporting by Fox Baltimore. The Maryland General Assembly moved the bill through both chambers in a single session, a rare pace for child welfare reform legislation in the state.
Why This Matters Legally
Kanaiyah's Law changes how Maryland's foster care and guardianship systems function at the statutory level. The bill replaces discretionary agency practice with binding legal prohibitions. Before HB 980, the Department of Human Services (DHS) operated under internal policy that permitted emergency hotel placements when licensed foster beds were unavailable. That practice will no longer be lawful once Governor Moore signs the bill.
The law also imports a due-process framework into Maryland's Guardianship Assistance Program by requiring criminal history records checks on every adult in a guardianship household, not only the designated guardian. This closes a documented gap where unrelated adults residing in guardianship homes had never been fingerprinted or screened. For family law practitioners, the change means guardianship petitions filed under Md. Code, Fam. Law § 5-534 will now trigger expanded background screening before subsidy payments begin.
The creation of a State Foster Youth Ombudsman is structurally significant. The ombudsman must have legal expertise in custody, guardianship, and due-process matters, and will operate independently of DHS. Maryland becomes one of a growing number of states with a dedicated child welfare oversight role, joining California, Washington, and Connecticut, which have implemented similar offices since 2019.
How Maryland Law Handles This
Maryland's child welfare framework is codified in Title 5 of the Family Law Article. Out-of-home placements are governed by Md. Code, Fam. Law § 5-525, which defines the state's responsibility to provide appropriate substitute care for children committed to DHS custody. HB 980 amends § 5-525 to include a new subsection prohibiting placement in hotels, motels, office buildings, or homeless shelters except for brief emergency intervals defined by regulation.
The Guardianship Assistance Program, enacted under Md. Code, Fam. Law § 5-534, provides monthly subsidies to relatives or fictive-kin caregivers who assume legal guardianship of children exiting foster care. Before HB 980, background checks were required only for the applicant guardian. The amended statute now reaches every adult household member age 18 or older. Failure to disclose a household member or complete the check can result in subsidy denial or revocation.
Jurisdiction over foster care custody and guardianship disputes remains with Maryland's juvenile courts under Md. Code, Cts. & Jud. Proc. § 3-801. Youth and their attorneys may raise concerns about placement conditions through the existing CINA (Child in Need of Assistance) review process, and, once the ombudsman office is operational, through the new independent channel. The ombudsman does not replace judicial review; it supplements it.
Criminal background checks required by HB 980 follow the framework in Md. Code, Fam. Law § 5-561 for child care providers, which requires both state and federal fingerprint-based records checks through the Criminal Justice Information System.
Practical Takeaways for Maryland Families
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Foster parents and kinship caregivers should expect new paperwork. Every adult in the household must submit to a state and federal criminal history records check before a Guardianship Assistance Program subsidy is approved. Plan for a 30 to 60 day processing window.
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Existing guardianship families may be subject to recertification. The implementation regulations will determine whether the background check requirement applies retroactively. Families already receiving subsidies under Md. Code, Fam. Law § 5-534 should monitor DHS guidance in the months following the Governor's signature.
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Foster youth and their advocates now have a new avenue for raising concerns. Once the State Foster Youth Ombudsman office is staffed, youth can submit complaints about placement conditions, schooling, or legal representation directly to that office.
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Attorneys representing parents in CINA proceedings should track placement orders closely. Any DHS request to place a child in a hotel or other unlicensed setting can now be challenged as a violation of state law, not merely agency policy.
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Prospective kinship caregivers should budget time for household screening. If an adult child or other relative resides in the home, that person must clear a background check before guardianship can be finalized.
Frequently Asked Questions
When does Kanaiyah's Law take effect in Maryland?
Kanaiyah's Law (HB 980) takes effect after Governor Wes Moore signs it, with an operative date set in the bill text. Most Maryland statutes passed in the 2026 session become effective October 1, 2026, unless the bill specifies an emergency or delayed date. Check the enrolled bill for the exact effective date.
Does HB 980 apply to existing Maryland foster care placements?
HB 980 applies prospectively once signed, but the ban on hotel and unlicensed-setting placements under Md. Code, Fam. Law § 5-525 governs any placement made after the effective date. DHS must move any children currently housed in prohibited settings to licensed foster homes or congregate care facilities within the transition period set by regulation.
Who qualifies for the Maryland Guardianship Assistance Program?
The Guardianship Assistance Program under Md. Code, Fam. Law § 5-534 serves children in DHS custody for at least six consecutive months whose relative or fictive-kin caregiver commits to permanent legal guardianship. Monthly subsidies match the foster care board rate and continue until the child turns 18, or 21 if still in school.
Can foster youth contact the new State Foster Youth Ombudsman directly?
Yes. Once the office is staffed, foster youth can contact the State Foster Youth Ombudsman independently, without going through a caseworker or attorney. The ombudsman must possess legal expertise in custody, guardianship, and due-process matters and operates outside the Department of Human Services chain of command.
How many children are in Maryland foster care in 2026?
Maryland's foster care population has fluctuated between roughly 4,400 and 5,000 children annually since 2020, with approximately 4,700 youth in DHS custody during fiscal year 2025 according to DHS public reporting. About 25 percent of those youth are placed with kinship caregivers, and a smaller portion are in congregate care or therapeutic settings.
If You Need Help
If you are a Maryland foster parent, kinship caregiver, or parent navigating a CINA case affected by HB 980, a Maryland family law attorney can help you understand how the new placement and background check requirements apply to your situation. Browse our Maryland attorney directory to find a family law attorney in your county.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.