The short answer is yes, it is illegal to kick out a minor in Maryland. Under Maryland law, parents or legal guardians have a legal obligation to provide care, shelter, and support for their children until they reach the age of 18. Kicking out a minor, often referred to as “throwing them out” or “abandoning” them, is considered a form of neglect or abandonment, which is against both state and federal child protection laws. Parents who violate these obligations can face serious legal consequences, including criminal charges and loss of custody.

Legal Responsibilities of Parents in Maryland

Maryland law places a strong emphasis on the duty of parents to care for their minor children. A minor, defined as any person under the age of 18, is legally entitled to receive financial support, housing, medical care, education, and protection from their parents or legal guardians.

1. Parental Duty of Care

Under Maryland Family Law Code § 5-203, parents are legally required to provide for the care, protection, and well-being of their minor children. This means that parents must provide a safe living environment, appropriate medical care, education, and basic necessities like food and shelter.

• Failure to Provide Care: If a parent fails to meet these responsibilities, it can be classified as neglect. Neglect involves failing to provide for the physical and emotional needs of a child, and kicking a minor out of the home would fall under this category.

2. Neglect and Abandonment Laws

Maryland law considers it illegal to abandon a minor without providing for their care. Child abandonment can take many forms, including physically kicking a child out of the home without arranging for their safety or welfare. If a parent forces a minor to leave the home without alternative care, the parent may face legal consequences.

• Legal Definition of Abandonment: Abandonment occurs when a parent deserts or leaves a minor child without any intention of returning or without making provisions for the child’s care. In Maryland, abandoning a minor can lead to charges of neglect and child endangerment.
• Criminal Consequences: If a parent is found to have abandoned or neglected their child, they can be charged with a misdemeanor or felony, depending on the severity of the situation. In extreme cases, abandonment can result in jail time, fines, and loss of custody rights.

Legal Consequences of Kicking Out a Minor

If a parent or guardian in Maryland kicks out a minor, they may face significant legal consequences under both criminal and civil law. These consequences range from child protective services (CPS) involvement to criminal charges.

1. Involvement of Child Protective Services (CPS)

If CPS receives a report that a minor has been kicked out of their home, they will launch an investigation to determine whether the child is being neglected or abandoned. CPS can take various actions to protect the minor, including removing the child from the home or providing emergency services.

• Protective Custody: If CPS determines that the minor is in immediate danger, they can place the child in protective custody. The parent may temporarily lose custody of the child while CPS investigates further.
• Rehabilitation Services: In some cases, CPS may require the parents to undergo counseling or rehabilitation services before reuniting with their child.

2. Criminal Charges for Abandonment

Parents who kick out a minor may be charged with child abandonment or neglect under Maryland law. The severity of the charges depends on the circumstances, such as whether the child was left in a dangerous situation or without basic care.

• Misdemeanor or Felony Charges: Child abandonment is generally a misdemeanor, but it can be elevated to a felony if the abandonment places the child at serious risk of harm or death. Penalties can include fines, probation, and even jail time.
• Loss of Parental Rights: In extreme cases, parents who abandon their children may lose their parental rights. This means they will no longer have legal authority over the child, and the child may be placed into foster care or with other relatives.

3. Civil Penalties and Custody Issues

In addition to criminal charges, parents who abandon their children may face civil penalties. Courts can impose orders requiring parents to provide financial support or pay restitution for any harm caused by abandonment. Additionally, a parent who kicks out a minor may lose custody rights, either temporarily or permanently.

• Custody and Visitation: A parent found guilty of abandoning their child may lose custody and may only be granted supervised visitation, if any. Courts take child abandonment seriously when determining custody arrangements.

Alternatives for Parents Struggling with a Minor

Parents who are struggling with a minor child’s behavior or other issues should seek alternative solutions rather than kicking the child out of the home. Maryland provides various resources to help parents and minors navigate difficult situations.

1. Counseling and Mediation

One option for parents is to seek family counseling or mediation services. Family counseling can help address underlying issues, such as behavioral problems or communication breakdowns, and work toward a solution that keeps the minor in a safe environment.

• Mediation Services: If conflicts between the parent and minor are escalating, mediation services can help facilitate productive discussions and work toward a resolution without resorting to legal action.

2. Social Services and Support Programs

Maryland offers a variety of social services and support programs for families in crisis. These programs can provide financial assistance, housing support, and other resources to ensure that minors are not left without proper care.

• Temporary Housing Solutions: If a parent feels that they cannot safely care for their child, they can explore temporary housing options, such as placing the child with a trusted relative or seeking help from foster care services.
• Parenting Classes and Support: Parenting classes can help parents develop better strategies for managing difficult behavior, communication, and parenting stress.

3. Emancipation as a Legal Option

In rare cases, a minor who is over the age of 16 and wishes to live independently can seek emancipation. Emancipation is a legal process that grants a minor the ability to take on adult responsibilities and make decisions independently from their parents. However, emancipation requires court approval and is only granted under certain circumstances, such as when the minor can prove they are capable of supporting themselves.

Conclusion

In Maryland, it is illegal to kick out a minor. Parents and legal guardians have a legal obligation to provide care, shelter, and support for their children until they reach the age of 18. Kicking out a minor without arranging for their care is considered child abandonment or neglect, which can lead to criminal charges, loss of custody, and involvement of child protective services. Parents who are struggling with parenting challenges should seek alternative solutions, such as counseling, mediation, or social services, to ensure the safety and well-being of their children while avoiding legal consequences

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