MD high court updates rules for ADA, child support

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The Maryland Supreme Court on Tuesday approved a number of changes and additions to the state’s rules, including a measure that more closely aligns the rules with the Americans with Disabilities Act and a change allowing electronic service as an alternative service in child support modification cases.

The high court adopted Rule 1-332 as recommended by the Maryland Standing Committee on Rules of Practice and Procedure, which adds examples of reasonable accommodations that a person with a disability accessing a court service, program, or activity may request.

The adopted rule now includes — but is not limited to — reasonable modifications to deadlines that do not alter a statutory deadline or statute of limitations, remote participation by a party or witness, and the use of an auxiliary aid or service other than a personal device.

Megan Rusciano, staff attorney at the Center for Public Representation, supported the amendment to Rule 1-322 and said the rule creates a streamlined process for Marylanders with disabilities to request reasonable accommodations.

“When I think about the first step to ensuring people with disabilities have equal access to the courts, it begins with an accommodation request,” Rusciano said during the high court’s virtual meeting Tuesday. “This policy and this change in the rule is so sorely needed to outline that process.”

Rusciano, in a written comment to the high court, said people with disabilities continue to “face profound obstacles to accessing courts, including denial of their right to effective communication, as well as physical, informational, economic, and other barriers” despite many court systems today having become more accessible.

Among other items, the high court also approved the Rules Committee’s suggested addition of Rule 9-202.1, which allows for a moving party in a child modification case to serve the non-moving party by electronic means, including email or social media.

During Tuesday’s meeting, the high court eliminated the Rules Committee’s proposed option for service by text message, citing the Maryland Child Support Administration’s concerns that service by text messaging is not feasible.

Judge Yvette Bryant, chair of the Rules Committee, said the goal of Rule 9-202.1 is to address the inability to serve a party when a need for modification arises by giving parents and custodians a path for service when they can’t serve an individual directly.

Stacy Bensky, senior staff attorney at Maryland Legal Aid, said low-income families often experience changes to custody due to housing instability, which in turn make them difficult to locate and serve. However, Bensky said automated enforcement actions are still brought against parents in these circumstances, including wage garnishment, drivers license suspension, and credit bureau reporting.

“These enforcement actions can be devastating for low-income families where parents are struggling financially to keep their head above water,” Bensky said during Tuesday’s meeting. “By creating a realistic and modern process for obtaining alternate service, proposed Rule 9-202.1 takes tremendous steps to remedy this issue.”

Bensky said the rule will also expedite the child support modification process, benefitting both parents and courts.

Zachary Alberts, director of advocacy and strategic initiatives for the Center for Urban Families, wrote in a submitted comment that Rule 9-202.1 addresses “long-standing equity issues that disproportionately impact low-income non-custodial parents” by removing procedural barriers that prevent legitimate modification requests.

“When non-custodial parents can obtain timely modifications reflecting their actual income, they are more likely to maintain regular payments and remain engaged in their children’s lives,” Alberts wrote.

The rules changes and additions take effect on October 1.