# Human Services (GHU)

## Title 1. Definitions; General Provisions

### Subtitle 2. General Provisions

#### Section 1-201

(a) Except as provided in subsection (b) of this section, a person may not disclose any information concerning an applicant for or recipient of social services, child welfare services, adult protective services, cash assistance, food stamps, or medical assistance that is directly or indirectly derived from the records, investigations, or communications of the State, a county, or a municipal corporation or a unit of the State, a county, or a municipal corporation or that is acquired in the course of the performance of official duties.

(b) This section does not prohibit the disclosure of information:

  (1) in accordance with a court order;

  (2) to an officer or employee of any state or local government or the United States, if the officer or employee is entitled to the information in an official capacity and the disclosure is necessary to administer:

    (i) public assistance, medical assistance, social services, adult protective services, or child welfare services programs; or

    (ii) voter registration in accordance with Sec. 3-203 of the Election Law Article;

  (3) to a fiduciary institution that reported suspected financial abuse or financial exploitation, if the fiduciary institution is authorized to request the information under Sec. 1-306(h) of the Financial Institutions Article; or

  (4) relating to adult protective services, to an officer or employee of any state or local government or the United States if the officer or employee is responsible for conducting an investigation in an official capacity and the disclosure is relevant to the investigation.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

#### Section 1-202

(a) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family Law Article, Sec. 1-203 of this subtitle, and this section, a person may not disclose a report or record concerning child abuse or neglect.

(b) A report or record concerning child abuse or neglect shall be disclosed:

  (1) under a court order;

  (2) under an order of an administrative law judge, if:

    (i) the request for disclosure concerns a case pending before the Office of Administrative Hearings; and

    (ii) provisions are made to comply with other State or federal confidentiality laws and to protect the identity of the reporter or other person whose life or safety is likely to be endangered by the disclosure; or

  (3) to the Division of Parole and Probation in the Department of Public Safety and Correctional Services if, as a result of a report or investigation of suspected child abuse or neglect, the local department of social services has reason to believe that an individual who lives in or has a regular presence in a child's home is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.

(c) A report or record concerning child abuse or neglect:

  (1) may be disclosed on request to:

    (i) personnel of the Social Services Administration or a local department of social services, law enforcement personnel, and members of multidisciplinary case consultation teams, including an addiction specialist as defined in Title 5, Subtitle 12 of the Family Law Article or Sec. 5-314 of this article, who are investigating a report of known or suspected child abuse or neglect or providing services to or assessing a child or family that is the subject of the report;

    (ii) local or State officials responsible for the administration of child protective services, juvenile services, or child care, foster care, or adoption licensing, approval, or regulations, as necessary to carry out their official functions;

    (iii) the State Council on Child Abuse and Neglect or its designee, the State Citizens Review Board for Children or its designee, or a child fatality review team, as necessary to carry out their official functions;

    (iv) a person who is the alleged abuser or neglector, if that person is responsible for the child's welfare and provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

    (v) a licensed practitioner who, or an agency, institution, or program that, is 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;

    (vi) a parent or other person who has permanent or temporary care and custody of the child, if provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

    (vii)

      (1) the appropriate public school superintendent or the principal or equivalent employee of a nonpublic school that holds a certificate of approval from the State or is registered with the State Department of Education to carry out appropriate personnel or administrative actions following a report of suspected child abuse involving a student committed by:

      (A) a public school employee in that school system;

      (B) an employee of that nonpublic school;

      (C) an independent contractor who supervises or works directly with students in that school system or that nonpublic school; or

      (D) an employee of an independent contractor, including a bus driver or bus assistant, who supervises or works directly with students in that school system or that nonpublic school; and

      (2) if the report concerns suspected child abuse involving a student committed by an employee, independent contractor, or employee of an independent contractor described in item 1 of this item and employed by a nonpublic school under the jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate superintendent of schools;

    (viii) the director of a licensed child care facility or licensed child placement agency to carry out appropriate personnel actions following a report of suspected child abuse or neglect alleged to have been committed by an employee of the facility or agency and involving a child who is currently or was previously under the care of that facility or agency;

    (ix) the Juvenile Justice Monitoring Unit of the Office of the Correctional Ombudsman established under Title 9, Subtitle 4 of the State Government Article;

    (x) subject to subsection (d) of this section, a licensed practitioner of a hospital or birthing center to make discharge decisions concerning a child, when the practitioner suspects that the child may be in danger after discharge based on the practitioner's observation of the behavior of the child's parents or immediate family members; or

    (xi) the president of a Maryland public institution of higher education, as defined in Sec. 10-101 of the Education Article, or the Chancellor of the University System of Maryland, to carry out appropriate personnel or administrative actions following a report of child abuse committed:

      (1) by an employee of the institution who has on-campus contact with children; or

      (2) by a contractor, an employee of a contractor, or a volunteer of the institution who has on-campus contact with children; and

  (2) may be disclosed by the Department of Human Services to the operator of a child care center that is required to be licensed or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article or to a family child care provider who is required to be registered under Title 9.5, Subtitle 3 of the Education Article, to determine the suitability of an individual for employment in the child care center or family child care home.

(d) A report or record concerning child abuse or neglect may be disclosed by the Department of Human Services to the following individuals only after a finalized finding of indicated child abuse or neglect:

  (1) the administrator of a child care center operated by or on behalf of a unit of State or local government or in a State-occupied building under Title 9.5, Subtitle 5 of the Education Article, to determine the suitability of an individual for employment in the child care center;

  (2) the coach, team administrator, or manager of a youth sports program for recreational athletic competition or instruction for participants who are minors, to determine the suitability of an individual for employment or voluntary service in the youth sports program; and

  (3) the administrator or other appropriate personnel of any organization that has temporary care or custody of a child or responsibility for the supervision of a child, to determine the suitability of an individual for employment or voluntary service with the organization.

(e) Only the following information concerning child abuse and neglect may be disclosed to a practitioner of a hospital or birthing center under subsection (c)(1)(x) of this section:

  (1) whether there is a prior finding of indicated child abuse or neglect by either parent; and

  (2) whether there is an open investigation of child abuse or neglect pending against either parent.

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

#### Section 1-203

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Local department" means the department of social services that has jurisdiction in the county:

    (i) where the allegedly abused or neglected child lives; or

    (ii) if different, where the abuse or neglect is alleged to have taken place.

  (3) "Local director" means the director of the local department.

  (4) "Medical report" means a psychological, psychiatric, therapeutic, clinical, or medical report or evaluation related to the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector.

  (5) "Secretary" means the Secretary of Human Services.

(b)

  (1) Notwithstanding any other provision of law and subject to paragraphs (2) and (3) of this subsection, the local director or the Secretary shall, within 30 days after receiving a request, disclose information concerning child abuse or neglect if the child:

    (i) was in the custody of a local or State department or agency, or in the care of a foster parent;

    (ii) is the subject of an investigation, a report, a referral, or a complaint received by a local or State department or agency; and

    (iii) suffered a fatality or near fatality.

  (2) Information disclosed in accordance with paragraph (1) of this subsection shall be limited to actions or omissions of the local department, the Department of Human Services, or an agent of the Department of Human Services.

  (3)

    (i) On receiving a request to disclose information in accordance with paragraph (1) of this subsection, the Secretary promptly shall notify the State's Attorney's office of the request.

    (ii) The State's Attorney's office shall be allowed 30 days after receipt of the notice required under subparagraph (i) of this paragraph to redact from the record any portion of the record that, if made public, would seriously hinder the ability of the State's Attorney's office to prosecute a criminal case arising from the incident.

  (4)

    (i) If the State's Attorney's office redacts information in accordance with paragraph (3)(ii) of this subsection, the State's Attorney shall notify the local director or the Secretary within 10 days after the conclusion of the related investigation or prosecution.

    (ii) Within 30 days after notification from the State's Attorney under subparagraph (i) of this paragraph, the local director or the Secretary shall disclose information in accordance with this section.

(c) Subject to subsection (d) of this section, the local director or the Secretary shall disclose:

  (1) the name of the allegedly abused or neglected child who has suffered a fatality;

  (2) the date of the report of the alleged child abuse or neglect and of any prior or subsequent reports;

  (3) the findings made by the local department at the conclusion of its investigation and the disposition made by the local department based on its findings;

  (4) any services provided to the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

  (5) the number of referrals for professional services for the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

  (6) any prior adjudication as a child in need of assistance of the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector;

  (7) the status of any case involving the child that was open at the time of the fatality or near fatality;

  (8) a summary of the facts of the fatality or near fatality, including the date of the fatality or near fatality and, in the case of a fatality, the cause of death reported by the medical examiner; and

  (9) any information concerning the circumstances of the alleged child abuse or neglect and the investigation of the circumstances, if the local director or the Secretary determines that the disclosure is consistent with the public interest.

(d)

  (1) The local director or the Secretary may not:

    (i) disclose the identity of or provide an identifying description of the person who made the report;

    (ii) disclose the name of a child who has suffered a near fatality, a sibling of the allegedly abused or neglected child, a parent of the allegedly abused or neglected child, an individual legally responsible for the child, the alleged abuser or neglector, or another household or family member;

    (iii) except as provided in paragraph (2) of this subsection, disclose a medical report; or

    (iv) except for the information described in subsection (c) of this section, disclose the file relating to the allegedly abused or neglected child.

  (2) Notwithstanding Title 4, Subtitle 3 of the Health - General Article, the local director or the Secretary may disclose a medical report related to the cause of the child's injury or death as a result of the alleged abuse or neglect.

(e) In consultation with the local directors, the Secretary shall develop a form for disclosure of the information described in subsection (c) of this section.

(f) This section does not grant a right to any person to receive the information described in subsection (c) of this section.

#### Section 1-204

This part does not prohibit:

(1) the publication, for administrative or research purposes, of statistics or other data that is classified in a manner that prevents the identification of particular persons or cases;

(2) the Department of Human Services from obtaining an individual's financial records from a fiduciary institution in the course of verifying the individual's eligibility for public assistance; or

(3) disclosures authorized under Sec. 1-303 of the Financial Institutions Article.

#### Section 1-205

The Department of Human Services shall adopt regulations governing access to and use of confidential information that the Department or a local department of social services possesses.

#### Section 1-208

(a) In this part the following words have the meanings indicated.

(b) "Person in interest" means:

  (1) a minor, if the information requested concerns treatment to which the minor has the right to consent and has consented under Title 20, Subtitle 1 of the Health - General Article;

  (2) a parent, if the parental rights of the parent have not been terminated;

  (3) a guardian, custodian, or representative of a minor, designated by a court, if authorized to act on behalf of or instead of a parent; or

  (4) an individual authorized to act as a surrogate for a parent or guardian in accordance with the federal Individuals with Disabilities Education Act.

(c) "Public agency" means a State or local government unit or a quasi-governmental entity.

#### Section 1-209

(a) It is the intent of the General Assembly that public agencies that serve children, youth, and families in the State exchange information with the written consent of the person in interest or another individual authorized to give consent under this subtitle.

(b) The exchange of information under subsection (a) of this section is for the purpose of:

  (1) carrying out the policy established under Sec. 8-102 of this article for children, youth, and family services;

  (2) facilitating the development of a seamless system of family-focused services; and

  (3) achieving a comprehensive and coordinated interagency approach to providing a continuum of care that is family- and child-oriented.

#### Section 1-210

Notwithstanding any other State law and except as provided in Sec. 1-211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:

(1) another public agency that serves the same children, youth, and families;

(2) another public agency that has children or youth in a program, home, or residential facility funded or licensed by that agency; or

(3) the Governor's Office for Children.

#### Section 1-211

(a)

  (1) A public agency may not disclose information or records under Sec. 1-210 of this subtitle if:

    (i) disclosure is prohibited by federal law; or

    (ii) the public agency has not obtained written consent if required by Sec. 1-212 of this subtitle.

  (2) A public agency may disclose only the information and records that are identified specifically in the written request.

(b)

  (1) A public agency may not disclose child protective services records collected before October 1, 1993, unless the person in interest gives consent after being given an opportunity to review the records and the information to be disclosed.

  (2) On request, the person in interest may review the entire child protective services record regarding the minor.

  (3) A public agency may not disclose to the person in interest or a requesting public agency the identity of:

    (i) a reporter of abuse or neglect; or

    (ii) another person whose life or safety is likely to be endangered by the disclosure.

(c) Information and records disclosed to a public agency under this part shall remain confidential and, except as provided in Sec. 1-212(c) of this subtitle, may not be further disclosed.

(d) Information collected by the Children's Cabinet under Sec. 1-212 of this subtitle may not be redisclosed in any form that reveals the identity of a recipient of services.

#### Section 1-212

(a) Except where the consent of the person in interest is not required by law, a public agency may disclose information or records under Sec. 1-210 of this subtitle only after obtaining written consent from:

  (1) the person in interest; or

  (2) another individual authorized to give consent under subsection (b) of this section.

(b)

  (1) For the purposes of this subsection, a person in interest is considered not reasonably available if:

    (i) after reasonable oral or written inquiry, the requesting public agency is unaware of the existence of a person in interest;

    (ii) after reasonable inquiry, the requesting public agency cannot determine the location of a person in interest; or

    (iii) after reasonable efforts by the requesting public agency to contact the person in interest, the person in interest has not responded in a timely manner, taking into account the needs of the minor for whom services are to be provided.

  (2) If the person in interest is not reasonably available to give written consent, the following persons, not listed in order of priority, may consent in writing to the release of information or records regarding a minor:

    (i) an adult who is acting as the parent of a minor, not including a teacher or a baby-sitter;

    (ii) a court that has jurisdiction over an action affecting the parent-child relationship of which the minor is the subject; or

    (iii) the Maryland Department of Health, the Department of Juvenile Services, or a local department of social services, that has the care and custody of a minor.

  (3) A person authorized to consent to the release of information or records under paragraph (2) of this subsection shall confirm in writing that the person in interest is not reasonably available.

  (4) The public agency releasing the information shall include the written confirmation in the record from which the information is released.

(c)

  (1) This subsection applies:

    (i) notwithstanding any other State law; and

    (ii) if disclosure is not prohibited by federal law.

  (2) Without the consent of the person in interest, a public agency may disclose to the Children's Cabinet:

    (i) the name, address, date of birth, race, and sex of children receiving services; and

    (ii) the types, dates, and duration of services provided to children by State and local agencies.

  (3) The Children's Cabinet may use information disclosed under paragraph (2) of this subsection only for planning, budgeting, evaluation, and analysis.

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Md. Code Ann., Hum. Servs. (as displayed at mgaleg.maryland.gov, October 16, 2026)