The Maryland House passed a bill April 3 that makes significant changes to the Child Victims Act, lowering the limits for future lawsuits for sexual abuse of a minor and limiting the civil damages to each claimant, rather than each incident of alleged abuse.
The bill then moved to the Maryland Senate for action before the April 7 end of the session.
The CVA, which became law in 2023, removed any statute of limitations for civil claims child sexual abuse in the state and set limits for payouts from private institutions, including churches and private schools, at $1.5 million. It capped civil claims for anyone abused in a public institution at $890,000 per incident. "Incident" was not defined in the law.
House Bill 1378 changes those caps to $400,000 for public institutions, the same as the state torts limit, and $700,000 for private institutions and individuals, including churches, parishes and private schools. It also sets the cap per claimant, rather than per incident, for both public and private claims.
The amendments were introduced in April after a lengthy hearing in Annapolis March 26 before the House Judiciary Committee.
Delegate C.T. Wilson, a Democrat, who was the sponsor of the 2023 CVA, initiated the amendments because he said his intent in the original legislation was not to bankrupt the state.
The state already faces a budget deficit this year of $3 billion. With 4,500 claims filed against the state already, according to the Office of the Attorney General, and another 1,500 in process, the state could still face a liability of $1.8 billion to $2.4 billion under the lower caps.
The Maryland Catholic Conference, pointed out that the amendments retain a two-tier system for victims, depending on where the alleged abuse occurred.
The conference is the public policy arm of Archdiocese of Baltimore and the other two dioceses that cover parts of Maryland -- the Archdiocese of Washington and the Diocese of Wilmington, Delaware.
In an April 2 statement, the MCC noted that since the CVA went into effect in October 2023, thousands of claims have been made against the state itself.
"In fact, the Maryland state government now appears to be the largest employer of child sex abusers in the state," it said.
"The response from lawmakers has not focused on understanding how this could have occurred, ensuring rigorous safeguarding or prioritizing victim-focused support," the statement continued. "Rather, the Legislature's response has been focused on how to limit the state's financial liability and accountability to victim-survivors."
In testimony at the March 26 hearing, Wilson said, "I've always said, it was never about the money. ... It was about the truth and justice and restoring the dignity of those who have had it stolen from them." Wilson was sexually abused as a minor and has been fighting in the state Legislature for change on this issue for 10 years.
To ensure that victim-survivors benefit as much as possible from compensation, the bill also caps attorneys' fees at 20% in settlements and 25% if the case goes to a court judgment.
Delegate Sheree Sample-Hughes, a Democrat, noted in the Judiciary Committee hearing April 2 that you cannot put a price tag on the mental health effects for victim-survivors. "I have been grappling with this because I heard the witnesses when most of them were saying that the money is not anything to them. They want the therapy, they want the accountability," which HB 1378 does not provide.
She also said that she is still disturbed by the fact that victims of public institutions are treated differently than those harmed in private institutions.
Delegate Jon S. Cardin, also a Democrat, said he had already brought up the inconsistency between the public and private claims, but acknowledged that his fellow Democrat who chairs the House Judiciary Committee, Delegate Luke H. Clippinger, had explained that the private cap was reduced by approximately the same percentage as the public cap.
"While I would suggest they should be the same -- I don't know why there's any difference -- but the fact that you have been commensurate in reducing them so that at least there is some degree of consistency, ... I appreciate that," Cardina said.
The MCC also noted the inequitable caps, saying "HB 1378 reinforces a system where justice depends not on the harm suffered, but on where the abuse occurred. … This inequitable treatment is both unjust to victims and unfair to private and nonprofit organizations."
After the bill passed the full House April 3, the MCC issued an action alert asking Catholics and others opposed to the bill to contact their state senators.
With the General Assembly session ending April 7, the MCC also criticized the late nature of the changes.
"Even worse is rushing through a bill of this magnitude that impacts the rights of survivors and the responsibilities of institutions, in the final days of the legislative session, with little time for careful debate or necessary revisions. This undermines trust in the legislative process and denies survivors the consideration they deserve."
HB 1378 now goes to the Maryland Senate Rules Committee for a vote, then the Senate Judicial Proceedings Committee. If voted out of those committees it would go to the full Senate. Usually on the last day of the session, a flurry of bills is voted on before those approved are sent to Gov. Wes Moore for signature.
When the March 26 hearing began, Wilson said he wants to ensure that the names of all perpetrators of child sexual abuse in the state Department of Juvenile Justice are made public.
"I want everybody that was an abuser -- I want their name. I want that to be public record. If we as a state pay anything out, you as taxpayers need to know why we paid that out and if that person is still out there, they need to be held accountable," Wilson told reporters outside a State House Judiciary Committee hearing room.
The Archdiocese of Baltimore has published a list of clergy credibly accused of child sexual abuse since 2002, with frequent updates to the list. It was one of the first dioceses in the country to do so after the U.S. Bishops approved the Charter for the Protection of Children and Young People and its accompanying norms.
The Archdiocese of Washington and the Diocese of Wilmington post similar lists.
The state and public school systems do not publish any such list.
