<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 07.02.07.08" title_num="07" subtitle_num="02" chapter_num="07" heading="On-Site Investigation.">
  <paragraph num="A.">
    <text>Physical and Sexual Abuse. Within 24 hours of receiving a report of suspected child abuse, the local department or, by joint agreement with the appropriate law enforcement agency, a law enforcement officer, shall:</text>
    <paragraph num="(1)">
      <text>Initiate an on-site investigation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Except in the case of a child fatality, see the alleged victim and determine if the health, safety, and well-being of the alleged victim requires removing the child;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Attempt to see any other children who are in the care of the alleged maltreator and determine if the health, safety, and well-being of the children require that they be removed;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Attempt to have an on-site interview with the alleged victim's caregiver;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Document all visits or attempted visits; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>If appropriate, obtain information relating to possible resources for the child.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Neglect — Other Than Mental Injury. Within 5 days of receiving a report of alleged child neglect, the local department shall follow the procedures under §A of this regulation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Abuse and Neglect — Mental Injury.</text>
    <paragraph num="(1)">
      <text>Within 5 days of receiving a report of alleged child abuse or neglect involving mental injury, a local department shall follow the procedures under §A of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Finding of Mental Injury.</text>
      <paragraph num="(a)">
        <text>If during an investigation of child abuse or neglect, CPS finds evidence that a child’s emotional or psychological welfare may have been harmed, CPS shall consider whether the child has sustained a mental injury.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Behavior that may be relevant to a finding of mental injury includes but is not limited to:</text>
        <paragraph num="(i)">
          <text>Implied or overt threats of death or serious injury made to a child or in a child’s presence;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Implied or overt threats made in a child’s presence to intentionally harm an animal;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Constant denigration of a child;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Extensive emotional or physical isolation or confinement of a child;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Extreme antagonistic behavior by one or both parents toward the other parent; or</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Unnecessary and unwarranted medical diagnosis or treatment of a child.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Professional Assessments — Mental Injury.</text>
      <paragraph num="(a)">
        <text>If a worker suspects mental injury, the worker shall promptly obtain an assessment by any two of the following:</text>
        <paragraph num="(i)">
          <text>A licensed physician, as defined in Health Occupations Article, §14-101, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A licensed psychologist, as defined in Health Occupations Article, §18-101, Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A licensed social worker, as defined in Health Occupations Article, §19-101, Annotated Code of Maryland, including a licensed social worker employed by any local department.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>If a professional assessor concludes that the child has sustained a mental injury, the local department shall request a written assessment that includes:</text>
        <paragraph num="(i)">
          <text>A description of an observable, identifiable, and substantial impairment of the child’s mental or psychological ability to function; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>An explanation of the act, series of acts, or omission that is believed to have caused the mental injury regardless of whether there was an intent to harm the child.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>In conducting the investigation and making a finding, the local department shall consider professional assessments in addition to other information gathered during the investigation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Mental Injury — Categorized.</text>
      <paragraph num="(a)">
        <text>Mental injury caused by an act to a child is child abuse; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Mental injury caused by an omission or other failure to provide proper care or attention to a child is child neglect.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>