<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 07.02.07.06" title_num="07" subtitle_num="02" chapter_num="07" heading="Initial Response to a Report of Suspected Child Abuse or Neglect.">
  <paragraph num="A.">
    <text>The local department shall attempt to obtain from a reporting source the information set forth in Regulation .04F of this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The local department shall enter identifying information into the centralized confidential database and, as appropriate, add to or correct information already entered.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The local department shall use the centralized confidential database, CIS, other appropriate databases, and available case records to obtain information concerning the alleged maltreator, alleged victim, the alleged victim’s caregiver, household or family members of the alleged victim, and other individuals as appropriate.</text>
  </paragraph>
  <paragraph num="D.">
    <text>If a local department determines that, due to the identity of the alleged maltreator as a local department employee, immediate family member of an employee, or other individual with substantial ties to the local department, the local department’s objectivity in providing a CPS response might reasonably be questioned or that extra security measures are warranted to protect the individual’s privacy, the local department shall:</text>
    <paragraph num="(1)">
      <text>Take appropriate steps to restrict access to the report and CPS response; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When appropriate because of possible bias or appearance of bias:</text>
      <paragraph num="(a)">
        <text>Request that another local department conduct the CPS response and recommend a finding or service plan; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If necessary, contact the Administration to request its intervention.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Report of Child Fatality. If a report of suspected child abuse or neglect involves a child fatality:</text>
    <paragraph num="(1)">
      <text>The local department shall contact the Administration immediately to:</text>
      <paragraph num="(a)">
        <text>Provide information concerning the incident; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Discuss the local department's plan for completing the investigation and responding to any inquiries made pursuant to Human Services Article, §1-203, Annotated Code of Maryland; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Administration shall promptly notify the State Fatality Review Team.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Report Concerning Child Care. If a report of suspected child abuse or neglect concerns a child care center or family day care home, the local department shall:</text>
    <paragraph num="(1)">
      <text>Promptly notify the Office of Child Care's regional manager; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the report is accepted for a CPS response, respond in accordance with procedures agreed upon by the local department and the Office of Child Care.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Report Concerning Out-of-Home Placement. If a report of suspected child abuse or neglect concerns a child in an out-of-home placement, the local department shall:</text>
    <paragraph num="(1)">
      <text>Notify the Administration;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In the case of an out-of-home placement licensed by a child placement agency, notify the child placement agency;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In the case of an out-of-home placement licensed by a local department:</text>
      <paragraph num="(a)">
        <text>Notify:</text>
        <paragraph num="(i)">
          <text>The caseworker for the alleged victim;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The caseworker for the out-of-home placement; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>If the alleged maltreator is a child in the out-of-home placement, the worker for the alleged maltreator; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Coordinate the CPS response with the caseworker for the out-of-home placement and the alleged victim; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Exchange information with the Administration, caseworkers, and a child placement agency regarding:</text>
      <paragraph num="(a)">
        <text>Actions taken regarding the out-of-home placement or children in the out-of-home placement;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Information having a bearing on the safety of children in the out-of-home placement; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The disposition of the child abuse or neglect investigation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>If a report of suspected child abuse or neglect concerns an adult who is believed to have been abused or neglected as a child, the local department shall:</text>
    <paragraph num="(1)">
      <text>Determine if the alleged maltreator:</text>
      <paragraph num="(a)">
        <text>Is currently the parent of a child;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has permanent or temporary care, custody, or responsibility for supervision of a child;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is a household or family member of a child; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is an authority figure to a child.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Assess whether children are at risk of child abuse or neglect by the alleged maltreator; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>After assessing the extent of the child abuse or neglect, how recently the child abuse or neglect occurred, the risk to other children, and the identity of the alleged maltreator, determine whether to conduct a CPS response.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>If appropriate, the local department shall request information from a provider of health care, including mental health care or substance abuse treatment, regarding a child or adult being assessed or served in connection with a reported incident of suspected child abuse or neglect.</text>
  </paragraph>
  <paragraph num="J.">
    <text>CPS Responses Across Jurisdictional Lines in Maryland.</text>
    <paragraph num="(1)">
      <text>Investigations.</text>
      <paragraph num="(a)">
        <text>Except as provided in §J(1)(d) of this regulation, if the alleged child abuse or neglect occurred in a jurisdiction other than where the alleged victim or maltreator lives, the local department where the alleged child abuse or neglect occurred is responsible for the investigation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The local department responsible for the investigation shall:</text>
        <paragraph num="(i)">
          <text>Coordinate activity of involved law enforcement agencies and local departments;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Immediately notify the local department in the jurisdiction where the alleged victim or maltreator resides;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Forward the results of interviews conducted in other jurisdictions to the State's Attorney's office and the local law enforcement agency; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Make the finding.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The local department where the alleged victim or alleged maltreator lives shall:</text>
        <paragraph num="(i)">
          <text>See an alleged victim living in that jurisdiction within the mandated time frame under Regulations .08 and  .15 of this chapter and conduct any requested interview of the alleged victim or family;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Assess the service needs of an alleged victim and family living in that jurisdiction, including the alleged victim’s need for protection from further child abuse or neglect;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Initiate any court action necessary to protect the alleged victim or other children in the care of the alleged maltreator who are at risk of child abuse or neglect;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>When requested, interview the alleged maltreator;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Forward the results of interviews, including recordings of interviews, to the local department where the child abuse or neglect is alleged to have occurred;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Forward any recommended finding to the local department where the child abuse or neglect is alleged to have occurred; and</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Provide services if appropriate to the alleged victim, and the alleged victim’s family and household; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>If a local department receives a request from another local department pursuant to §D of this regulation, the local department to which a report has been referred is responsible for the investigation in accordance with §J(1)(a)—(c) of this regulation and forwarding a recommended finding to the referring local department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Alternative Response.</text>
      <paragraph num="(a)">
        <text>If the local department where the child abuse or neglect is alleged to have occurred determines that an alternative response is appropriate, the local department in the jurisdiction where the child resides shall conduct the alternative response.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The local department conducting an alternative response is responsible for completing the assessment under Regulation .14 of this chapter.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If the local department conducting the alternative response assessment becomes aware of a mandatory disqualifying factor, that local department shall immediately contact the local department where the child abuse or neglect is alleged to have occurred to discuss the new information.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>CPS Responses Across State Lines.</text>
    <paragraph num="(1)">
      <text>If a local department receives a report of alleged child abuse or neglect that occurred in another State, the local department shall:</text>
      <paragraph num="(a)">
        <text>Directly contact the agency responsible for the investigation or assessments of such reports in the state and jurisdiction where the maltreatment is alleged to have occurred; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Request that the reporter also contact the appropriate agency in the other jurisdiction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If the alleged victim resides or is in Maryland, the local department shall:</text>
      <paragraph num="(a)">
        <text>Interview the child to assess the child’s safety; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Offer services to the child and the child's family.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local department shall cooperate to the extent requested with the agency investigating or assessing the report in a timely manner.</text>
    </paragraph>
  </paragraph>
</regulation>