Regulation .03 Eligibility for a CPS Response.
Regulation .03 Eligibility for a CPS Response.LinkCopy Citation
A.
Without regard to economic circumstances, the following individuals are eligible for a CPS response:
(1)
An alleged victim;
(2)
An alleged maltreator; and
(3)
Household and family members of the alleged victim.
B.
Alternative Response. Reports that are eligible for an alternative response include:
(1)
A report of child neglect involving a disabled infant with a life-threatening condition from whom medically indicated treatment, as defined by 42 U.S.C.§5106g, has been withheld; and
(2)
A report of child abuse or neglect that appears to pose a low risk of harm to a child.
C.
Investigation.
(1)
A report that is not assigned for an alternative response shall be assigned for an investigation.
(2)
Reports that are not eligible for an alternative response and must be investigated are:
(a)
Reports of sexual abuse;
(b)
Reports of Labor Trafficking;
(c)
Reports of child abuse or neglect occurring in an out-of-home placement;
(d)
Reports resulting in death, mental injury, or a serious physical injury; and
(e)
Reports in which the alleged maltreator has:
(i)
Been identified as responsible for child abuse or neglect in the previous 3 years;
(ii)
Had a report assigned for an alternative response within the previous 12 months; or
(iii)
Had two reports assigned for an alternative response within the previous 24 months.
D.
Reassignment.
(1)
With a CPS supervisor’s approval, a report assigned for an alternative response may be reassigned at any time for an immediate investigation if:
(a)
The case satisfies a criterion in §C of this regulation or fails to satisfy the criteria in §B of this regulation;
(b)
A family is unable or has refused to participate in the alternative response assessment; or
(c)
Other factors or circumstances indicate the family is inappropriate for an alternative response.
(2)
With a CPS supervisor’s approval, a report assigned for an investigation may be reassigned for an alternative response at any time if:
(a)
The case satisfies a criterion in §B of this regulation and does not satisfy the criteria in §C of this regulation; and
(b)
Accepted services would address all issues of risk of child abuse or neglect and child safety.
E.
As required by COMAR 07.02.04.04E, if a parent, guardian, or custodian is unwilling to sign a statement acknowledging receipt of written information about CPS responses on the form prescribed by the Administration, the local department shall document the refusal and sign the form.