§3–818.

    (a)    Except as provided in subsection (b) of this section, within 1 year after a child’s birth, there is a presumption that a child is not receiving proper care and attention from the parent for purposes of § 3–801(f)(2) of this subtitle if:

        (1)    (i)    The child was born exposed to cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate tests of the parent or child; or

            (ii)    Upon admission to a hospital for delivery of the child, the parent tested positive for cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and

        (2)    Substance use disorder treatment is made available to the parent and the parent refuses the recommended level of substance use disorder treatment, or does not successfully complete the recommended level of substance use disorder treatment.

    (b)    (1)    There is a presumption that a child is receiving proper care and attention from the parent for purposes of § 3–801(f)(2) of this subtitle if:

            (i)    The parent is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children; and

            (ii)    The child is in the presence of the child’s parent for the duration of the child’s parent’s treatment.

        (2)    This subsection may not be construed to prohibit another parent or a guardian, a custodian, a relative, or another person able to provide supervision and care from providing supervision and care for a child for the duration of the child’s parent’s treatment if the other parent, guardian, custodian, relative, or other person agrees to provide supervision and care.