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<regulation prefix="Regulation" num=".10" citation="COMAR 07.02.07.10" title_num="07" subtitle_num="02" chapter_num="07" heading="Identification of Alleged Maltreator.">
  <paragraph num="A.">
    <text>Except as provided in §C of this regulation, when a local department completes an investigation with a finding of indicated or unsubstantiated child abuse or neglect, the local department shall identify a maltreator.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If a local department completes an investigation with a finding of ruled out child abuse or neglect, the local department may not identify a maltreator.</text>
  </paragraph>
  <paragraph num="C.">
    <text>A local department may not identify a maltreator in a case of indicated or unsubstantiated child abuse or neglect if the evidence is insufficient to identify:</text>
    <paragraph num="(1)">
      <text>A parent, caregiver, authority figure, or household or family member of the alleged victim responsible for child physical abuse or child abuse with mental injury;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A parent, caregiver, authority figure, or household or family member of the alleged victim, or sex trafficker responsible for child sexual abuse; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A parent or caregiver of the alleged victim responsible for child neglect or child neglect with mental injury.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If a child, other than the parent of a victim, is the alleged maltreator, the local department may consider the following factors in determining whether to identify the child as responsible for indicated or unsubstantiated child abuse or neglect:</text>
    <paragraph num="(1)">
      <text>The age and developmental level of the alleged victim;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The age and developmental level of the alleged maltreator;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The appropriateness of the alleged act of abuse or neglect for the age and developmental level of each child;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The psychological condition of each child;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The alleged maltreator’s use of coercion, cruelty, violence, or lack of regard for the safety or welfare of the alleged victim;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The likelihood of the alleged maltreator committing further child abuse or neglect; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The availability and likely success of services to minimize the risk of future maltreatment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>More than one individual may be identified as responsible for child abuse or neglect if more than one:</text>
    <paragraph num="(1)">
      <text>Parent, caregiver, authority figure, or household or family member of the alleged victim, or sex trafficker was more likely than not responsible for the abuse of a child; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Parent or caregiver of the alleged victim was more likely than not responsible for the neglect of a child.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>The standard of proof required for a determination that an individual is responsible for child abuse or neglect is a preponderance of the evidence and not beyond a reasonable doubt as required for a criminal conviction.</text>
  </paragraph>
</regulation>