The Child Victims Act of 2023 is making waves in Maryland, allowing survivors of abuse while in state custody to sue the state. This landmark legislation, passed by the General Assembly, sets a maximum tort claim of $890,000 per occurrence. So far, approximately 3,500 individuals have come forward with credible claims, primarily linked to their time in Department of Juvenile Services Facilities, some dating back to the 1960s.
The Attorney General's office is actively engaging outside counsel with expertise in these sensitive cases to negotiate with plaintiffs' attorneys. The goal is to reach a settlement agreement during the current legislative session. However, the situation is complicated by the absence of allocated funds in the state budget for potential settlements. If an agreement is reached, the General Assembly and Governor will need to identify funding during this session, or risk delaying payments until the next session or calling a special session.
This issue looms large over the state budget, with potential financial implications that could be significant. The hope is for a resolution soon, but the uncertainty surrounding the costs adds a layer of complexity to the ongoing discussions.