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<section article="ghu" article_name="Human Services" number="1-202" title_number="1" title_name="Definitions; General Provisions" subtitle_number="2" subtitle_name="General Provisions">
  <level label="a">
    <text>Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or record concerning child abuse or neglect.</text>
  </level>
  <level label="b">
    <text>A report or record concerning child abuse or neglect shall be disclosed:</text>
    <level label="1">
      <text>under a court order;</text>
    </level>
    <level label="2">
      <text>under an order of an administrative law judge, if:</text>
      <level label="i">
        <text>the request for disclosure concerns a case pending before the Office of Administrative Hearings; and</text>
      </level>
      <level label="ii">
        <text>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</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>A report or record concerning child abuse or neglect:</text>
    <level label="1">
      <text>may be disclosed on request to:</text>
      <level label="i">
        <text>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 § 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;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>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;</text>
      </level>
      <level label="iv">
        <text>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;</text>
      </level>
      <level label="v">
        <text>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;</text>
      </level>
      <level label="vi">
        <text>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;</text>
      </level>
      <level label="vii">
        <level label="1">
          <text>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:</text>
        </level>
        <level label="A">
          <text>a public school employee in that school system;</text>
        </level>
        <level label="B">
          <text>an employee of that nonpublic school;</text>
        </level>
        <level label="C">
          <text>an independent contractor who supervises or works directly with students in that school system or that nonpublic school; or</text>
        </level>
        <level label="D">
          <text>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</text>
        </level>
        <level label="2">
          <text>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;</text>
        </level>
      </level>
      <level label="viii">
        <text>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;</text>
      </level>
      <level label="ix">
        <text>the Juvenile Justice Monitoring Unit of the Office of the Correctional Ombudsman established under Title 9, Subtitle 4 of the State Government Article;</text>
      </level>
      <level label="x">
        <text>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</text>
      </level>
      <level label="xi">
        <text>the president of a Maryland public institution of higher education, as defined in § 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:</text>
        <level label="1">
          <text>by an employee of the institution who has on–campus contact with children; or</text>
        </level>
        <level label="2">
          <text>by a contractor, an employee of a contractor, or a volunteer of the institution who has on–campus contact with children; and</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <text>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:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>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</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <text>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:</text>
    <level label="1">
      <text>whether there is a prior finding of indicated child abuse or neglect by either parent; and</text>
    </level>
    <level label="2">
      <text>whether there is an open investigation of child abuse or neglect pending against either parent.</text>
    </level>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
</section>
