Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the following words have the meanings indicated.
“Abuse” means:
the physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed by:
a parent;
a household member or family member;
a person who has permanent or temporary care or custody of the child;
a person who has responsibility for supervision of the child; or
a person who, because of the person’s position or occupation, exercises authority over the child;
sexual abuse of a child, whether physical injuries are sustained or not; or
labor trafficking of a child by any individual.
“Abuse” includes female genital mutilation, as defined in § 20–601 of the Health – General Article.
“Abuse” does not include the physical injury of a child by accidental means.
“Administration” means the Social Services Administration of the Department.
“Centralized confidential database” means the Department’s confidential computerized data system that contains information regarding child abuse and neglect investigations and assessments.
“Child” means any individual under the age of 18 years.
Repealed.
“Educator or human service worker” means any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility.
“Educator or human service worker” includes:
any teacher;
any counselor;
any social worker;
any caseworker; and
any probation or parole officer.
“Family member” means a relative by blood, adoption, or marriage of a child.
“Health practitioner” includes any person who is authorized to practice healing under the Health Occupations Article or § 13–516 of the Education Article.
“Health practitioner” does not include an emergency medical dispatcher.
“Household” means the location:
in which the child resides;
where the abuse or neglect is alleged to have taken place; or
where the person suspected of abuse or neglect resides.
“Household member” means a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect.
“Indicated” means a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.
“Labor trafficking” means knowingly:
taking, placing, harboring, persuading, inducing, or enticing a child by force, fraud, or coercion to provide services or labor; or
receiving a benefit or thing of value from the provision of services or labor by a child that was induced by force, fraud, or coercion.
“Law enforcement agency” means a State, county, or municipal police department, bureau, or agency.
“Law enforcement agency” includes:
a State, county, or municipal police department or agency;
a sheriff’s office;
a State’s Attorney’s office; and
the Attorney General’s office.
Except as provided in §§ 5–705.1 and 5–714 of this subtitle, “local department” means the local department that has jurisdiction in the county:
where the allegedly abused or neglected child lives; or
if different, where the abuse or neglect is alleged to have taken place.
“Local department case file” means that component of the Department’s confidential computerized database that contains information regarding child abuse and neglect investigations to which access is limited to the local department staff responsible for the investigation.
“Local State’s Attorney” means the State’s Attorney for the county:
where the allegedly abused or neglected child lives; or
if different, where the abuse or neglect is alleged to have taken place.
“Mental injury” means the observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function caused by an intentional act or series of acts, regardless of whether there was an intent to harm the child.
“Neglect” means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
that the child’s health or welfare is harmed or placed at substantial risk of harm; or
mental injury to the child or a substantial risk of mental injury.
“Police officer” means any State or local officer who is authorized to make arrests as part of the officer’s official duty.
“Record” means the original or any copy of any documentary material, in any form, including a report of suspected child abuse or neglect, that is made by, received by, or received from the State, a county, or a municipal corporation in the State, or any subdivision or agency concerning a case of alleged child abuse or neglect.
“Report” means an allegation of abuse or neglect, made or received under this subtitle.
“Ruled out” means a finding that abuse, neglect, or sexual abuse did not occur.
“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.
“Sexual abuse” means any act that involves:
sexual molestation or exploitation of a child by:
a parent;
a household member or family member;
a person who has permanent or temporary care or custody of the child;
a person who has responsibility for supervision of the child; or
a person who, because of the person’s position or occupation, exercises authority over the child; or
sex trafficking of a child by any individual.
“Sexual molestation or exploitation” includes:
allowing or encouraging a child to engage in:
obscene photography, films, poses, or similar activity;
pornographic photography, films, poses, or similar activity; or
prostitution;
incest;
rape;
sexual offense in any degree; and
any other sexual conduct that is a crime.
“Unsubstantiated” means a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.
The purpose of this subtitle is to protect children who have been the subject of abuse or neglect by:
mandating the reporting of any suspected abuse or neglect;
giving immunity to any individual who reports, in good faith, a suspected incident of abuse or neglect;
requiring prompt investigation of each reported suspected incident of abuse or neglect;
causing immediate, cooperative efforts by the responsible agencies on behalf of children who have been the subject of reports of abuse or neglect; and
requiring each local department to give the appropriate service in the best interest of the abused or neglected child.
The provisions of this subtitle are in addition to and not in substitution for the provisions of Title 3, Subtitle 8 of the Courts Article.
Except as otherwise provided in § 5–705.1 of this subtitle, the provisions of this subtitle apply only to:
suspected abuse or neglect that is alleged to have occurred in this State; and
suspected abuse or neglect of a child who lives in this State, regardless of where the suspected abuse or neglect is alleged to have occurred.
Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State who has reason to believe that a child has been subjected to abuse or neglect:
shall notify the local department or the appropriate law enforcement agency; and
if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to the head of the institution or the designee of the head.
An individual who notifies the appropriate authorities under subsection (a) of this section shall make:
an oral report, by telephone or direct communication, as soon as possible to the local department or appropriate law enforcement agency; and
a written report:
to the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and
with a copy to the local State’s Attorney.
An agency to which an oral report of suspected abuse or neglect is made under paragraph (1) of this subsection shall immediately notify the other agency.
This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.
Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:
the name, age, and home address of the child;
the name and home address of the child’s parent or other person who is responsible for the child’s care;
the whereabouts of the child;
the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and
any other information that would help to determine:
the cause of the suspected abuse or neglect; and
the identity of any individual responsible for the abuse or neglect.
An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child’s parent or guardian, who:
is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child; and
based on additional information, poses a substantial risk of sexual abuse to the child.
A report under subsection (a) of this section may be oral or in writing.
If acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, an individual who notifies the appropriate authorities under subsection (a) of this section immediately shall notify and give all of the information required by this section to the head of the institution or the designee of the head of the institution.
To the extent reasonably possible, an individual who makes a report under this section shall include in the report the following information:
the name, age, and home address of the child;
the name and home address of the child’s parent or other person who is responsible for the child’s care;
the whereabouts of the child;
the nature and extent of the substantial risk of sexual abuse of the child, including any evidence or information available to the reporter concerning possible previous instances of sexual abuse; and
any other information that would help to determine:
the cause of the substantial risk of sexual abuse; and
the identity of any individual responsible for the substantial risk of sexual abuse.
In this section the following words have the meanings indicated.
“Controlled drug” means a controlled dangerous substance included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V under Title 5, Subtitle 4 of the Criminal Law Article.
“Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.
“Newborn” means a child under the age of 30 days who is born or who receives care in the State.
For purposes of this section, a newborn is “substance–exposed” if the newborn:
displays a positive toxicology screen for a controlled drug as evidenced by any appropriate test after birth;
displays the effects of controlled drug use or symptoms of withdrawal resulting from prenatal controlled drug exposure as determined by medical personnel; or
displays the effects of a fetal alcohol spectrum disorder.
Except as provided in subsection (e) of this section, a health care practitioner involved in the delivery or care of a substance–exposed newborn shall:
make an oral report to the local department as soon as possible; and
make a written report to the local department not later than 48 hours after the contact, examination, attention, treatment, or testing that prompted the report.
In the case of a substance–exposed newborn in a hospital or birthing center, a health care practitioner shall notify and provide the information required under this section to the head of the institution or the designee of the head.
A health care practitioner is not required to make a report under this section if the health care practitioner:
has knowledge that the head of an institution or the designee of the head or another individual at that institution has made a report regarding the substance–exposed newborn; or
has verified that, at the time of delivery:
the mother was using a controlled substance as currently prescribed for the mother by a licensed health care practitioner;
the newborn does not display the effects of withdrawal from controlled substance exposure as determined by medical personnel;
the newborn does not display the effects of fetal alcohol spectrum disorder; and
the newborn is not affected by substance abuse.
To the extent known, an individual who makes a report under this section shall include in the report the following information:
the name, date of birth, and home address of the newborn;
the names and home addresses of the newborn’s parents;
the nature and extent of the effects of the prenatal alcohol or drug exposure on the newborn;
the nature and extent of the impact of the prenatal alcohol or drug exposure on the mother’s ability to provide proper care and attention to the newborn;
the nature and extent of the risk of harm to the newborn; and
any other information that would support a conclusion that the needs of the newborn require a prompt assessment of risk and safety, the development of a plan of safe care for the newborn, and referral of the family for appropriate services.
Within 48 hours after receiving the notification pursuant to subsection (c) of this section, the local department shall:
see the newborn in person;
consult with a health care practitioner with knowledge of the newborn’s condition and the effects of any prenatal alcohol or drug exposure; and
attempt to interview the newborn’s mother and any other individual responsible for care of the newborn.
Promptly after receiving a report under subsection (c) of this section, the local department shall assess the risk of harm to and the safety of the newborn to determine whether any further intervention is necessary.
If the local department determines that further intervention is necessary, the local department shall:
develop a plan of safe care for the newborn;
assess and refer the family for appropriate services, including alcohol or drug treatment; and
as necessary, develop a plan to monitor the safety of the newborn and the family’s participation in appropriate services.
A report made under this section does not create a presumption that a child has been or will be abused or neglected.
The Secretary of Human Services shall adopt regulations to implement the provisions of this section.
A local department that receives a report of suspected abuse or neglect under this subtitle involving a child who is a suspected victim of sex trafficking or labor trafficking shall refer the child to any appropriate regional navigator, as defined in § 5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the child is a resident for services.
In this section the following words have the meanings indicated.
“Child advocacy center” has the meaning stated in § 13–2201 of the Health – General Article.
“Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.
“Qualified community–based victim services provider” means a nonprofit organization with:
demonstrated expertise providing direct services to victims of sex trafficking or sexually exploited youth;
the capacity to provide victim–centered, trauma–informed case management for youth victims of sex trafficking;
a demonstrated history of working in the community where services will be provided; and
the ability to collaborate with other agencies, including law enforcement, sexual assault crisis programs, child advocacy centers, and other direct services providers.
“Regional navigator” means a provider of services designated by a grantee of the Safe Harbor Regional Navigator Grant Program established under subsection (b) of this section.
“Sex trafficking” has the meaning stated in § 5–701 of this subtitle.
“Sexual assault crisis program” means a program certified by the federally recognized State sexual assault coalition.
“Youth” means an individual under the age of 24 years.
There is a Safe Harbor Regional Navigator Grant Program.
The purpose of the program is to support services for youth victims of sex trafficking and labor trafficking by:
creating and sustaining projects to provide services for youth victims of sex trafficking that are victim–centered and trauma–informed;
facilitating and coordinating among local departments, the Department of Juvenile Services, sexual assault crisis programs, child advocacy programs, local offices of the Office of the Public Defender, and other state and local agencies responding to youth victims of sex trafficking and labor trafficking;
ensuring that youth victims of sex trafficking and labor trafficking have access to services described under subsection (e) of this section;
increasing the State’s capacity to respond to youth sex trafficking and labor trafficking; and
training providers to appropriately identify and serve youth victims of sex trafficking and labor trafficking.
A grantee under the program may include:
a child advocacy center;
a sexual assault crisis program; or
a qualified community–based victim services provider.
Grants under this section shall be awarded:
to ensure that emergency and long–term services are available for youth victims of sex trafficking and labor trafficking in every jurisdiction in the State by January 1, 2022; and
to provide services in one jurisdiction or in more than one similar jurisdiction in the same region.
Services coordinated and provided by a grantee under this section shall include:
safety planning;
emergency response;
basic living needs, including housing;
trauma counseling and mental health services;
drug and alcohol abuse treatment;
legal services;
victim advocacy;
case management; and
designation of regional navigators.
Notwithstanding any appropriation made under subsection (h) of this section, not later than October 1, 2019, the Governor’s Office of Crime Prevention and Policy shall provide grant funding for services provided by the Safe Harbor Regional Navigator Grant Program.
Every 2 years, beginning December 1, 2019, the Executive Director shall submit an independent evaluation report with qualitative and quantitative data to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly regarding whether services coordinated and provided by grantees under this section are available, adequate, and successfully serving children and youth who are victims of sex trafficking and labor trafficking.
Beginning December 1, 2019, the Department of Human Services shall annually report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:
the number of reports of child sex trafficking and labor trafficking made in the State in the preceding year;
the outcome or disposition of reports of child sex trafficking and labor trafficking made in the State in the preceding year; and
the number of referrals made to regional navigators under this section in the preceding year.
The Governor may annually appropriate up to $3,000,000 for grant funding provided under this section.
The Executive Director may adopt regulations to carry out this section.
Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person in this State other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall notify the local department or the appropriate law enforcement agency.
A person is not required to provide notice under paragraph (1) of this subsection:
in violation of the privilege described under § 9–108 of the Courts Article;
if the notice would disclose matter communicated in confidence by a client to the client’s attorney or other information relating to the representation of the client; or
in violation of any constitutional right to assistance of counsel.
A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (1) of this subsection if the notice would disclose matter in relation to any communication described in § 9–111 of the Courts Article and:
the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and
the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
An agency to which a report of suspected abuse or neglect is made under subsection (a) of this section shall immediately notify the other agency.
This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.
A report made under subsection (a) of this section may be oral or in writing.
To the extent possible, a report made under subsection (a) of this section shall include the information required by § 5–704(c) of this subtitle.
A report made under subsection (a) of this section shall be regarded as a report within the provisions of this subtitle, whether or not the report contains all of the information required by § 5–704(c) of this subtitle.
In this section, “local department” means a department of social services for a county in this State.
The following provisions of this subtitle shall apply to the reporting of suspected abuse or neglect under this section:
except as provided in subsection (a) of this section, the definitions set forth in § 5-701 of this subtitle;
the provisions relating to the confidentiality of reports specified in § 5-707(a)(1) and (2) of this subtitle; and
the provisions relating to immunity from civil liability or criminal penalty specified in § 5-708 of this subtitle.
If suspected abuse or neglect is alleged to have occurred outside of this State and the victim is currently a child who lives outside of this State, a person who would be required to report suspected abuse or neglect under the provisions of § 5-704 or § 5-705 of this subtitle shall report the suspected abuse or neglect to any local department in accordance with paragraph (2) of this subsection.
A person described in § 5-704 of this subtitle shall make:
an oral report, by telephone or direct communication, as soon as possible; and
a written report not later than 48 hours after the contact, examination, attention, or treatment that caused the person to believe that the child had been subjected to abuse or neglect.
A person described in § 5-705 of this subtitle shall make an oral or a written report.
To the extent possible, a report under this subsection shall include the information specified in § 5-704(c) of this subtitle.
Promptly after receiving a report of suspected abuse or neglect under this section, the local department shall forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect.
An individual may not intentionally prevent or interfere with the making of a report of suspected abuse or neglect required by § 5–704 or § 5–705.1(c)(2) of this subtitle.
A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5–704 or § 5–705 of this subtitle shall notify the State Superintendent of Schools’ designee within 48 hours if the report concerns:
a family child care home or large family child care home; or
a child care center.
If an agency participating in an investigation under § 5–706 of this subtitle has substantial grounds to believe that a person has knowingly failed to report suspected abuse or neglect as required by § 5–704 of this subtitle, the agency shall:
file a complaint with the appropriate licensing board in accordance with the provisions of the Health Occupations Article if the person is a health practitioner;
file a complaint with the appropriate law enforcement agency if the person is a police officer; or
file a complaint with the county board of education or the appropriate agency, institution, or licensed facility at which the person is employed if the person is an educator or a human service worker.
In this section, “Military Family Advocacy Program” means the program established by the United States Department of Defense to address child abuse and neglect and domestic abuse in military families.
A local department that has a United States military installation located within its jurisdiction shall enter into a memorandum of understanding with the Military Family Advocacy Program at the local military installation.
A memorandum of understanding under this section shall establish procedures and protocols for:
identifying an individual alleged to have committed abuse or neglect as military personnel;
reporting by a local department to a military family advocacy program when an investigation implicating military personnel has been initiated; and
maintaining confidentiality requirements under State and federal law.
In this section, “alternative response” means a component of the child protective services program that provides for a comprehensive assessment of:
risk of harm to the child;
risk of subsequent child abuse or neglect;
family strengths and needs; and
the provision of or referral for necessary services.
“Alternative response” does not include:
an investigation; or
a formal determination as to whether child abuse or neglect has occurred.
Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse or neglect to protect the health, safety, and welfare of the child or children.
Within 24 hours after receiving a report of suspected physical or sexual abuse of a child who lives in this State that is alleged to have occurred in this State, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency shall:
see the child;
attempt to have an on–site interview with the child’s caretaker;
decide on the safety of the child, wherever the child is, and of other children in the household; and
decide on the safety of other children in the care or custody of the alleged abuser.
The investigation under subsection (c) of this section shall include:
a determination of the nature, extent, and cause of the abuse or neglect, if any;
if mental injury is suspected, an assessment by two of the following:
a licensed physician, as defined in § 14–101 of the Health Occupations Article;
a licensed psychologist, as defined in § 18–101 of the Health Occupations Article;
a licensed social worker, as defined in § 19–101 of the Health Occupations Article; or
a clinical professional counselor licensed under Title 17 of the Health Occupations Article; and
if the suspected abuse or neglect is verified:
a determination of the identity of the person or persons responsible for the abuse or neglect;
a determination of the name, age, and condition of any other child in the household;
an evaluation of the parents and the home environment;
a determination of any other pertinent facts or matters; and
a determination of any needed services.
On request by the local department, the local State’s Attorney shall assist in an investigation under subsections (c) and (d) of this section.
The local department, the appropriate law enforcement agencies, the State’s Attorney within each county and Baltimore City, the local department’s office responsible for child care regulation, the local health officer, and the local child advocacy center shall enter into a written agreement that specifies standard operating procedures for the investigation under subsections (c) and (d) of this section and prosecution of reported cases of suspected abuse or neglect.
The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State’s Attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse under subsections (c) and (d) of this section.
The joint investigation procedure shall:
include appropriate techniques for expediting validation of sexual abuse complaints;
include investigation techniques designed to:
decrease the potential for physical harm to the child; and
decrease any trauma experienced by the child in the investigation and prosecution of the case;
establish an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases; and
include screening to determine whether a child is a victim of sex trafficking.
To the extent possible, an investigation under subsections (c) and (d) of this section shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies.
An investigation under subsections (c) and (d) of this section that is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect.
Within 5 business days after completion of the investigation of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State’s Attorney.
Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred outside of this State, the local department shall:
forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect;
cooperate to the extent requested with the out–of–state agency investigating the report; and
if determined appropriate by the local department:
interview the child to assess whether the child is safe; and
provide services to the child and the child’s family.
Notwithstanding the provisions of this section, the Secretary may implement an alternative response program for selected reports of abuse or neglect.
Only a low risk report of abuse or neglect may be considered for an alternative response.
A report that is not assigned for an alternative response shall be assigned for investigation in accordance with this section.
The following reports of suspected abuse or neglect may not be assigned for an alternative response:
sexual abuse; and
abuse or neglect:
occurring in an out–of–home placement;
resulting in death or serious physical or mental injury;
if, in the previous 3 years, the individual suspected of abuse or neglect has been identified as responsible for abuse or neglect as documented in the records of the local department; or
if the individual suspected of abuse or neglect has had one report assigned for an alternative response within the past 12 months or two reports assigned for an alternative response within the past 24 months.
A report assigned for an alternative response may be reassigned at any time for an immediate investigation based on any of the following factors and circumstances:
a reassessment of the report or relevant facts;
a determination that the case satisfies a criterion in subsection (n) of this section; or
a family’s inability or refusal to participate in the alternative response assessment.
A report assigned for an investigation may be reassigned for an alternative response at any time based on:
a reassessment of the report or relevant facts that demonstrate that the case meets the criteria for an alternative response;
a determination that accepted services would address all issues of risk of abuse or neglect and child safety; and
approval by a caseworker supervisor.
When a report is referred for an alternative response, the local department shall:
see the child and the child’s parent or primary caretaker within 24 hours of receiving a report of physical abuse;
see the child and the child’s parent or primary caretaker within 5 days of receiving a report of neglect;
attempt to have an on–site interview with the child’s parent or primary caretaker;
evaluate the child’s home environment;
decide on the safety of the child, wherever the child is, and of other children in the household;
decide on the safety of other children in the care or custody of the individual suspected of abuse or neglect;
advise the appropriate law enforcement agency that the report has been assigned for an alternative response, if the law enforcement agency made the report of abuse or neglect;
inform the individual suspected of child abuse or neglect of the allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report;
complete an alternative response assessment within 60 days after the receipt of the report;
within 10 days after completing the alternative response assessment, provide a written report to the family members who are participating in the alternative response assessment as to whether and what services are necessary to address:
the safety of the child or other children in the household; and
the risk of subsequent abuse or neglect; and
consistent with the assessment and any safety or services plans:
render any appropriate services in the best interests of the child;
refer the family or child for additional services; or
as necessary for the safety of the child or other children in the household, establish a plan to monitor the safety plan and the provision or completion of appropriate services.
The local department:
shall:
maintain complete records related to an alternative response and services for 3 years after the report was received if there is no subsequent child welfare involvement; and
expunge complete records related to an alternative response and services if there is no subsequent child welfare involvement after 3 years;
may not use or disclose records related to an alternative response for purposes of responding to a request for background information for employment or voluntary services; and
shall protect from disclosure records related to an alternative response in accordance with § 1–202 of the Human Services Article.
The Department shall implement policies to ensure that if a local department or the appropriate law enforcement agency fails to see a child in accordance with the time frames established under subsection (c) of this section:
the reason for the delay is documented in the child’s case file; and
a supervisor at the local department:
is notified of the delay in order to support staff in making initial contact with the child; and
reviews the documentation required under item (1) of this subsection during the review of the final investigation report.
The Department shall prepare and issue a quarterly report identifying investigations or reports that are not completed within the time frames required by this section.
The reports required under this subsection shall include an explanation for each delay, compiled by the Department with input from the local departments.
On or before December 1, 2022, and each December 1 thereafter, the Department shall, subject to § 2–1257 of the State Government Article, report to the General Assembly on the progress of local departments in complying with the time frames for conducting investigations and completing reports under this section.
Within 30 days after the completion of an investigation in which there has been a finding of indicated or unsubstantiated abuse or neglect, the local department shall notify in writing the individual alleged to have abused or neglected a child:
of the finding;
of the opportunity to appeal the finding in accordance with this section; and
if the individual has been found responsible for indicated abuse or neglect, that the individual may be identified as responsible for abuse or neglect in the centralized confidential database under the circumstances specified in § 5–714(d) of this subtitle.
In the case of a finding of indicated abuse or neglect, an individual may request a contested case hearing to appeal the finding in accordance with Title 10, Subtitle 2 of the State Government Article by responding to the notice of the local department in writing within 60 days.
Unless the individual and the department agree on another location, a contested case hearing shall be held in the jurisdiction in which the individual alleged to have abused or neglected a child resides.
If a criminal proceeding is pending on charges arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall stay the hearing until a final disposition is made.
If after final disposition of the criminal charge, the individual requesting the hearing is found guilty of any criminal charge arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall dismiss the administrative appeal.
If a CINA case is pending concerning a child who has been allegedly abused or neglected by the appellant or a child in the care, custody, or household of the appellant, the Office of Administrative Hearings shall stay the hearing until the CINA case is concluded.
After the conclusion of the CINA case, the Office of Administrative Hearings shall vacate the stay and schedule further proceedings in accordance with this section.
In the case of a finding of unsubstantiated abuse or neglect, an individual may request a conference with a supervisor in the local department by responding to the notice of the local department in writing within 60 days.
In response to a timely request for a conference, a local department supervisor shall schedule a conference, to occur within 30 days after the supervisor receives the request, to allow the individual an opportunity to review the redacted record and request corrections or to supplement the record.
Within 10 days after the conference, the local department shall send to the individual:
a written summary of the conference and of any modifications to be made in the record; and
notice of the individual’s right to request a contested case hearing in accordance with paragraph (4) of this subsection.
The individual may request a contested case hearing in accordance with subsection (b) of this section to appeal the outcome of the conference by responding to the summary in writing within 60 days.
If the individual does not receive the written summary and notice specified in paragraph (3) of this subsection within 20 days, the individual may request a contested case hearing.
An individual may request a contested case hearing in the case of a finding of unsubstantiated abuse or neglect only as provided in this paragraph.
In the case of an unexpunged finding of indicated or unsubstantiated abuse or neglect made prior to June 1, 1999, the local department shall provide the individual with an opportunity to appeal the finding in accordance with this section if the individual:
requests such an appeal;
has not been offered an opportunity to request a contested case hearing; and
has not been found guilty of any criminal charge arising out of the alleged abuse or neglect.
A local department or a law enforcement agency may receive a report under § 5–704.1 of this subtitle that a child is at substantial risk of sexual abuse.
If a law enforcement agency receives the report, the law enforcement agency shall immediately refer the report to the local department.
The Secretary of Human Services shall adopt regulations governing:
how staff in a local department should elicit information when receiving a report under § 5–704.1 of this subtitle; and
the definition of substantial risk of sexual abuse as used in this subtitle.
Except as provided in paragraph (3) of this subsection, after confirming that the allegations in the report regarding the individual’s history are accurate and that there is specific information that the child is at substantial risk of sexual abuse, the local department shall make a thorough investigation to protect the health, safety, and welfare of any child or children who may be at substantial risk of sexual abuse.
The local department shall conduct the investigation jointly with an appropriate law enforcement agency.
If a subsequent report is received regarding an individual with a history of sexual abuse that alleges substantially the same facts as a report that the local department has previously investigated, the local department may decline to make an investigation of the subsequent report.
Within 5 days after receiving the report, the local department and the appropriate law enforcement agency shall:
see the child in person;
attempt to have an on–site interview with the child’s caregiver and the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child;
decide on the safety and level of risk to the child, wherever the child is, and of other children in the household; and
decide on the safety and level of risk of other children in the care or custody of the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.
To the extent possible, an investigation under this section shall be completed as soon as practicable but not later than 30 days after receipt of the report.
As part of the investigation, the local department shall:
determine whether the child is safe;
determine whether sexual abuse of the child has occurred;
if appropriate, offer services to the family; and
immediately decide whether to file a petition alleging that the child is in need of assistance.
The Department of Human Services, in cooperation with the Maryland Department of Health, shall develop intervention systems in at least four counties designated by the Secretary of Human Services that:
include drug treatment for a mother of a child who is born drug exposed and supportive services for the family of the child; and
serve 300 families.
An intervention shall be initiated when:
a child is born drug exposed; and
medical personnel have determined that the child is at a high risk of abuse or neglect.
Subject to the provisions of subsections (a) and (b) of this section, the local department of social services and the Maryland Department of Health shall assist the mother of a child who is born drug exposed in:
obtaining drug treatment; and
providing supportive services to maintain family unity.
A CINA petition shall be filed on behalf of a child who is born drug exposed, if:
the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of drug treatment;
the mother is unable to provide adequate care for the child; and
the father is unable to provide adequate care for the child.
Subject to federal and State law, the Administration shall provide by regulation adopted in accordance with Title 10, Subtitle 1 of the State Government Article:
procedures for protecting the confidentiality of reports and records made in accordance with this subtitle;
conditions under which information may be released;
conditions for determining in cases whether abuse, neglect, or sexual abuse is indicated, ruled out, or unsubstantiated; and
procedures for the appeal processes provided in this subtitle.
The local department shall expunge a report of suspected abuse or neglect and all assessments and investigative findings:
within 5 years after the date of referral if the investigation under § 5–706 of this subtitle concludes that the report is unsubstantiated, and no further reports of abuse or neglect are received during the 5 years; and
subject to paragraph (2) of this subsection, within 2 years after the date of referral if the report is ruled out, and no further reports of abuse or neglect are received during the 2 years.
If a report is ruled out, the local department may, on good cause shown, immediately expunge the report and all assessments and investigative findings.
Any person who makes or participates in making a report of abuse or neglect under § 5–704, § 5–705, or § 5–705.1 of this subtitle or a report of substantial risk of sexual abuse under § 5–704.1 of this subtitle or participates in an investigation or a resulting judicial proceeding shall have the immunity described under § 5–620 of the Courts and Judicial Proceedings Article from civil liability or criminal penalty.
If a representative of a local department is conducting an investigation under this subtitle, the representative may enter the household, if the representative:
previously has been denied the right of entry; and
has probable cause to believe that a child is in serious, immediate danger.
A police officer shall accompany the representative and may use reasonable force, if necessary, to enable the representative to gain entry.
The representative may remove the child temporarily, without prior approval by the juvenile court, if the representative believes that the child is in serious, immediate danger.
If a child is removed from a household under this section, the local department shall have the child thoroughly examined by a physician and a report of this examination shall be included in a report made under § 5–706(j) of this subtitle within the time specified.
Based on its findings and treatment plan, the local department shall render the appropriate services in the best interests of the child, including, when indicated, petitioning the juvenile court on behalf of the child for appropriate relief, including the added protection to the child that either commitment or custody would provide.
Promptly after receiving a report from a hospital or health practitioner of suspected neglect related to drug abuse and conducting an appropriate investigation, the local department may:
file a petition alleging that the child is in need of assistance under Title 3, Subtitle 8 of the Courts Article; and
offer the mother admission into a drug treatment program.
The local department may initiate a judicial proceeding to terminate a mother’s parental rights, if the local department offers the mother admission into a drug treatment program under this subsection within 90 days after the birth of the child and the mother:
does not accept admission to the program or its equivalent within 45 days after the offer is made;
does not accept the recommended level of drug treatment within 45 days after the offer is made; or
fails to fully participate in the program or its equivalent.
If a report has been made to the State’s Attorney’s office under § 5–706(i) of this subtitle and the office is not satisfied with the recommendation of the local department, the office may petition a juvenile court, at the time of the report by the representative, to remove the child, if the State’s Attorney concludes that the child is in serious physical danger and that an emergency exists.
As needed by the local department as part of its investigation under this subtitle or to provide appropriate services in the best interests of the child who is the subject of a report of child abuse or neglect, upon request, the local department shall receive copies of a child’s medical records from any provider of medical care.
In this section the following words have the meanings indicated.
“Emergency medical treatment” means medical or surgical care rendered by a provider in a laboratory, health care facility, or child advocacy center to a child under this section:
to relieve any urgent illness, injury, severe emotional distress, or life–threatening health condition; or
to determine the existence, nature, or extent of any possible abuse or neglect.
“Emergency medical treatment” includes, if appropriate, the use of telemedicine to achieve a timely expert diagnosis of child abuse or neglect.
“Expert child abuse or neglect care” means the diagnosis or treatment of child abuse or neglect provided by:
a physician;
a multidisciplinary team or multidisciplinary team member;
a health care facility; or
a staff member of a health care facility who is an expert in the field of abuse and neglect.
“Multidisciplinary team” means a group of professionals with expertise in various professional disciplines who provide consultation, treatment, and planning in cases of child abuse and neglect.
“Provider” includes a physician, multidisciplinary team or multidisciplinary team member, a child advocacy center, a health care facility, or health care facility personnel.
Any provider who is licensed or authorized to practice a profession in this State shall examine or treat any child, with or without the consent of the child’s parent, guardian, or custodian, to determine the nature and extent of any abuse or neglect to the child if the child is brought to the provider:
in accordance with a juvenile court order;
by a representative of a local department of social services who states that the representative believes the child is an abused or neglected child;
by a police officer who states that the officer believes that the child is an abused or neglected child; or
by an individual required under § 5–704 of this subtitle to report suspected child abuse or neglect.
If a provider examines a child under subsection (b) of this section and determines that emergency medical treatment or expert child abuse or neglect care is indicated, the provider may treat the child, with or without the consent of the child’s parent, guardian, or custodian.
A provider who examines or treats a child under this section shall have the immunity from liability described under § 5–621 of the Courts and Judicial Proceedings Article.
In accordance with regulations adopted by the Executive Director of the Governor’s Office of Crime Prevention and Policy, the Governor’s Office of Crime Prevention and Policy shall pay for emergency medical treatment charges that are incurred on behalf of a child who is examined or treated under this section.
The child’s parent or guardian is liable to the Governor’s Office of Crime Prevention and Policy for the payments and shall take any steps necessary to secure health benefits available for the child from a public or private benefit program.
The local department shall:
immediately determine whether a child treated or examined under this section is eligible for medical assistance payments; and
secure medical assistance benefits for any eligible child examined or treated under this section.
To the extent possible, the Governor shall include in the annual State budget funds for the payment of emergency medical treatment for children examined or treated under this section.
In this section, “health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.
If requested by a health care practitioner or another agency, institution, or program providing treatment or care to a child who is the subject of a report of child abuse or neglect for a purpose relevant to the treatment or care being provided, the Department or local department shall provide to the requestor:
information regarding the condition and well–being of the child;
information regarding the medical, mental health, and developmental needs of the child;
the name of any other health care practitioner identified in the record as providing care or treatment to the child; and
any other relevant information in the record or report.
In providing information under subsection (b) of this section, the Department or local department may not release information related to the identity of the person who reported the child abuse or neglect.
If a child is removed from a household under this subtitle or by a juvenile court order, on return of the child to the household by the local department or by the action or order of any court, State’s Attorney’s office, or other law enforcement agency, the local department shall establish proper supervision and monitoring of the household on a regularly scheduled basis of at least once a month for at least 3 months.
The local department may extend the monitoring period.
The Social Services Administration may maintain a centralized confidential database of cases reported under this subtitle.
Each local department shall enter and have access to information in the centralized confidential database related to reports, investigations, and assessments of suspected abuse or neglect.
The information in the centralized confidential database shall be accessible only to:
the protective services staff of the Administration;
the protective services staffs of local departments who are investigating or assessing a report of suspected abuse or neglect; and
an individual or entity specifically authorized by law to access the information.
The Department or a local department may identify an individual as responsible for abuse or neglect in the centralized confidential database only if the individual:
has been found guilty of any criminal charge arising out of the alleged abuse or neglect; or
has been found responsible for indicated abuse or neglect and has:
unsuccessfully appealed the finding in accordance with the procedures established under § 5–706.1 of this subtitle; or
failed to exercise the individual’s appeal rights within the time frames specified in § 5–706.1 of this subtitle, Title 10, Subtitle 2 of the State Government Article, or the Maryland Rules.
The centralized confidential database may not contain any information that is required to be expunged under § 5–707 of this subtitle.
Unless an individual has been identified as responsible for abuse or neglect in the centralized confidential database in accordance with subsection (d) of this section, information in the centralized confidential database may not be provided in response to any request for background information for employment or voluntary service.
An official or employee of the Department or a local department who releases information from the centralized confidential database in violation of paragraph (1) of this subsection is subject to the penalty provided in § 1–202(f) of the Human Services Article.
Notwithstanding any other provision of law, an individual may not be identified as responsible for abuse or neglect in the centralized confidential database solely because:
a child has been released from a hospital or other facility;
the child has been diagnosed with a mental disorder or developmental disability; and
the individual has failed to take the child home due to a reasonable fear for the safety of the child or child’s family.
The Secretary of Human Services:
shall adopt regulations necessary to protect the rights of individuals suspected of abuse or neglect; and
may adopt regulations to implement the provisions of this section.
The Executive Director of the Administration shall provide the Secretary of Health with identifying information regarding an individual who, as to any child, has had the individual’s parental rights terminated under § 5–322 or § 5–323 of this title and has been identified as responsible for abuse or neglect in a central registry as described in § 5–714(d) of this subtitle.
A court shall provide the Secretary of Health with identifying information regarding an individual who has been convicted under Title 2, Subtitle 2 of the Criminal Law Article of the murder, attempted murder, or manslaughter of a child.
If in accordance with § 4–222 of the Health – General Article, the Secretary provides to the Executive Director birth record information for a child born to an individual whose identifying information has been provided under subsection (a) of this section, the Executive Director shall:
verify that the parent of the child is the same individual described in subsection (a) of this section; and
immediately notify the local department in the jurisdiction in which the child resides so that the local department may review its records and provide an assessment of the family and offer services if needed.
The Department shall post on its website a free online course on the identification, prevention, and reporting of child abuse.