Chapter 07. Child Protective Services — Investigation of Child Abuse and Neglect

Investigation of child abuse and neglect;

Comprehensive assessment of safety, risk and service needs; and

Provision of services or service referrals for abused or neglected children and their families.

Accept reports of suspected child abuse or neglect;

Promptly determine whether to investigate a report or to initiate a comprehensive family assessment;

Complete a timely investigation or family assessment appropriate to the circumstances;

After an investigation, make a finding consistent with the law;

After conducting a family assessment, complete and distribute a written assessment addressing safety and risk; and

Create and maintain accurate reports and records that can serve as tools in providing services and in future involvement with the family.

“Accidental means” means an action in which injury is unintended and could not be reasonably expected.

“Administration” means the Social Services Administration of the Department of Human Services.

“Alleged maltreatment” means child abuse or neglect reported to a local department.

“Alleged maltreator” means an individual named in a report as having abused or neglected a child.

“Alleged victim” means a child named in a report as having been abused or neglected.

“Alternative response” means a component of Child Protective Services that provides for comprehensive assessment of:

“Authority figure” means a person who, because of the person’s position or occupation, exercises authority over a child.

Caregiver.

“Centralized confidential database” means the Department’s internal computerized data system that contains information regarding child abuse and neglect investigations and assessments and protects that information from disclosure.

“Child” means an individual younger than 18 years old.

“Child abuse” means:

“Child advocacy center” means a child-focused facility or program that evaluates, diagnoses, or treats alleged victims.

“Child in need of assistance (CINA)” has the meaning stated in Courts and Judicial Proceedings Article, §3-801(f), Annotated Code of Maryland.

“Child neglect” means one or more of the following by a parent or caregiver:

“Child Protective Services (CPS)” means the unit in a local department responsible for responding to reports of suspected child abuse or neglect.

“Client Information System (CIS)” means the Department's automated database that maintains data related to local department programs and services.

“CPS response” means an investigation or assessment conducted pursuant to Family Law Article, §5-706, Annotated Code of Maryland.

“Custodian” means an agency or individual, other than a child's parent or legal guardian, to whom a court has given legal custody.

“Department” means the Department of Human Services.

“Educator or human service worker” means any professional employee of a:

Failure to Provide Proper Care and Attention.

“Family member” means a relative by blood, adoption, or marriage.

“Final determination” means a finding of the local department after all timely appeals.

“Finding” means a disposition at the end of an investigation that child abuse or neglect is indicated, unsubstantiated, or ruled out and the identification of an individual responsible for unsubstantiated or indicated child abuse or neglect.

“Grooming a child for sexual activity” means forming an emotional connection with a child with the intent of making the child more receptive to sexual conduct.

“Health care practitioner” has the meaning stated in Health Occupations Article, §1-301, Annotated Code of Maryland.

“Household member” means an individual who lives in, or is regularly present in the home of a child at the time of the alleged child abuse or neglect.

“Identifying information” means the name of:

“Indicated” means a finding that there is credible evidence, which has not been satisfactorily refuted, that child abuse or neglect occurred.

“Labor Trafficking” means knowingly:

“Law enforcement agency” means a police department, bureau, or agency including but not limited to:

“Law enforcement officer” means any member of a law enforcement agency who is authorized to make arrests as part of the officer's official duties.

“Local department” means a department of social services, including the Montgomery County Department of Health and Human Services, with authority to investigate, assess, or assist in investigating or assessing a report of suspected child abuse or neglect.

“Maltreatment” means child abuse or neglect.

“Maltreator” means an individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect.

“Mandated reporter” means a health practitioner, educator, human service worker, or law enforcement officer required to notify a local department or law enforcement of suspected child abuse or neglect pursuant to Family Law Article, §5-706, Annotated Code of Maryland.

“Mental injury” means an observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function caused by an intentional act or series of acts, regardless of whether there was an intent to harm the child.

“Multidisciplinary case consultation team” means a group of professionals, including a local department, convened to consult regarding an investigation, assessment, or provision of services after a report of child abuse or neglect.

“Office of Child Care” means the unit of the Maryland State Department of Education responsible for regulating facilities and homes providing care for children.

Out-of-Home Care.

“Out-of-home placement” has the meaning stated in COMAR 07.02.11.03B(34).

“Preponderance of the evidence” means that it is more likely than not that an act or omission occurred.

Providing Proper Care and Attention.

“Receiving a report” means obtaining sufficient information about suspected child abuse or neglect to make a decision as to what CPS or other response is appropriate.

“Record” means the original or a copy of documentary material, in any form, concerning a report or CPS response to an allegation of child abuse or neglect.

“Regularly present in a household” means visiting or staying in a home with sufficient frequency to become a significant part of the child's or family's life.

“Report” means an allegation of child abuse or neglect made or received by any state, county, or municipal corporation, with sufficient information to screen the report for an appropriate CPS or other response.

“Responsible for child abuse or neglect” means having an unexpunged finding of unsubstantiated or indicated child abuse or neglect.

“Ruled out” means a finding that child abuse or neglect did not occur.

“Screen out” means reviewing a report of suspected child abuse or neglect and determining that the local department will not accept the report for a CPS response.

“Screen the report” means reviewing a report of suspected child abuse or neglect and determining whether the report meets the criteria for a CPS response or referral to other programs or services.

“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.

“Sexual abuse” means any act that involves:

Sexual Molestation or Exploitation.

“Substantial risk of harm” means a real threat to a child’s health or welfare during alleged child abuse or neglect.

“Suspected child abuse” means child abuse to which a reporter believes a child has been subjected.

“Suspected child neglect” means child neglect to which a reporter believes a child has been subjected.

“Unsubstantiated” means a finding that there is insufficient evidence to support a finding of indicated or ruled out.

“Victim” means a child who has been abused or neglected.

“Voluntary placement” means a placement documented in a voluntary placement agreement pursuant to Family Law Article, §5-501(m), Annotated Code of Maryland.

An alleged victim;

An alleged maltreator; and

Household and family members of the alleged victim.

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

A report of child abuse or neglect that appears to pose a low risk of harm to a child.

A report that is not assigned for an alternative response shall be assigned for an investigation.

Reports that are not eligible for an alternative response and must be investigated are:

With a CPS supervisor’s approval, a report assigned for an alternative response may be reassigned at any time for an immediate investigation if:

With a CPS supervisor’s approval, a report assigned for an investigation may be reassigned for an alternative response at any time if:

By oral report immediately after the contact or event that revealed the suspected child abuse or neglect to the local department or law enforcement agency in the jurisdiction where the suspected child abuse or neglect occurred; and

By written report within 48 hours of the contact or event that revealed the suspected child abuse or neglect to the local department and the State’s Attorney’s Office in the jurisdiction where the suspected child abuse or neglect occurred.

The names and home addresses of the alleged victim, the alleged victim’s parents, and any other individual responsible for the alleged victim’s care;

The present location of the alleged victim;

The alleged victim’s age;

The names and ages of other children in the alleged victim’s home or in the care of the alleged maltreator;

The specific nature and extent of injury, sexual conduct, or failure to provide proper care and attention;

Previous child abuse or neglect of the alleged victim or by the alleged maltreator;

Other information that might be of assistance to the local department in determining:

In the case of suspected child abuse or neglect involving a mental injury:

The attorney-client privilege under Courts and Judicial Proceedings Article, §9-108, Annotated Code of Maryland including communications:

The privilege in Courts and Judicial Proceedings Article, §9-111, Annotated Code of Maryland, pertaining to communications to a minister of the gospel, clergyman, priest, or rabbi of an established religion received in a professional capacity under circumstances where the professional is bound to maintain the confidentiality of that communication under canon law, religious doctrine, or practice.

A local department shall have trained staff on-call 24 hours a day, 7 days a week, to receive and take appropriate action on reports of suspected child abuse and child neglect.

A local department shall ensure that the public has a means of making reports outside of normal office hours.

Promptly acknowledge receipt of the report in writing to each reporter stating that the local department will take appropriate action; and

Immediately notify the local law enforcement agency orally or in writing of any report accepted for a CPS response; and

By the end of the next business day following the day of the report, notify law enforcement in writing of the report if the initial notification was communicated orally.

The local department shall forward the report to the appropriate agency in the state where the suspected abuse or neglect occurred; and

If the child resides in Maryland, notify the local department in the jurisdiction where the child resides.

Decline to initiate a CPS response;

Make referrals to other services or agencies; and

Maintain a record of non-identifying information including:

If, during a CPS response, the local department has substantial grounds to believe that a mandated reporter knowingly failed to report suspected child abuse or neglect as required by Family Law Article, §5-704, Annotated Code of Maryland, the local department shall:

For purposes of this section, a mandated reporter may be found to have knowingly failed to report if the mandated reporter:

Take appropriate steps to restrict access to the report and CPS response; and

When appropriate because of possible bias or appearance of bias:

The local department shall contact the Administration immediately to:

The Administration shall promptly notify the State Fatality Review Team.

Promptly notify the Office of Child Care's regional manager; and

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.

Notify the Administration;

In the case of an out-of-home placement licensed by a child placement agency, notify the child placement agency;

In the case of an out-of-home placement licensed by a local department:

Exchange information with the Administration, caseworkers, and a child placement agency regarding:

Determine if the alleged maltreator:

Assess whether children are at risk of child abuse or neglect by the alleged maltreator; and

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.

Investigations.

Alternative Response.

If a local department receives a report of alleged child abuse or neglect that occurred in another State, the local department shall:

If the alleged victim resides or is in Maryland, the local department shall:

The local department shall cooperate to the extent requested with the agency investigating or assessing the report in a timely manner.

Assess the immediate safety and risk of maltreatment of the alleged victim and of the children who are household or family members of the alleged victim or in the care or custody of the alleged maltreator;

Determine if the alleged child abuse or neglect or any other child abuse or neglect is indicated, unsubstantiated, or ruled out;

Determine what services, if any, are appropriate and make referrals as necessary;

Initiate shelter care, CINA proceeding, or voluntary placement as appropriate; and

If possible, determine the identity of a maltreator.

Before an initial interview with an adult, the local department representative shall present identification.

Before an initial interview with a child, the local department representative shall provide identification in a manner appropriate to the child's developmental level.

During an initial interview with the alleged maltreator, the local department representative shall advise the alleged maltreator of:

If the local department considers an alleged victim to be in danger of immediate harm or injury, the local department shall:

If the local department is denied access to an alleged victim and has reason to believe the child is in serious immediate danger, the local department shall request the assistance of a law enforcement officer, who may use reasonable force to gain access to and ensure the protection and safety of the child.

If the local department is denied access to a child for purposes of conducting an interview or making an assessment necessary to determine if the child is in serious danger, the local department may seek a court order directing that the child be made available for an interview or assessment.

If a local department takes an alleged victim into custody without parental consent or before court approval, the local department shall have the child examined to:

The local department shall attempt to obtain the consent of the parent, guardian, or custodian of the child for an examination.

A licensed physician or an individual under the control or supervision of a licensed physician may examine and provide emergency treatment for a child without parental consent if the local department or law enforcement officer states a belief that a child has been abused or neglected.

If an alleged victim is examined or treated under this regulation:

Initiate an on-site investigation;

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;

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;

Attempt to have an on-site interview with the alleged victim's caregiver;

Document all visits or attempted visits; and

If appropriate, obtain information relating to possible resources for the child.

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.

Finding of Mental Injury.

Professional Assessments — Mental Injury.

Mental Injury — Categorized.

To the extent possible, complete an investigation within 10 days of receiving a report; or

If additional time is required, complete the investigation within 60 days of receiving a report.

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;

A parent, caregiver, authority figure, or household or family member of the alleged victim, or sex trafficker responsible for child sexual abuse; or

A parent or caregiver of the alleged victim responsible for child neglect or child neglect with mental injury.

The age and developmental level of the alleged victim;

The age and developmental level of the alleged maltreator;

The appropriateness of the alleged act of abuse or neglect for the age and developmental level of each child;

The psychological condition of each child;

The alleged maltreator’s use of coercion, cruelty, violence, or lack of regard for the safety or welfare of the alleged victim;

The likelihood of the alleged maltreator committing further child abuse or neglect; and

The availability and likely success of services to minimize the risk of future maltreatment.

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

Parent or caregiver of the alleged victim was more likely than not responsible for the neglect of a child.

Physical Abuse with No Mental Injury. Except as provided in §A(3) of this regulation, a local department may make a finding of indicated child physical abuse if there is credible evidence, which has not been satisfactorily refuted, that the following five elements were present during the alleged child abuse:

Sexual Abuse.

Abuse — Mental Injury. A local department may make a finding of indicated child abuse with mental injury if there is credible evidence not satisfactorily refuted that the following five elements were present during the alleged child abuse with mental injury:

A local department may make a finding of unsubstantiated child abuse if there is insufficient evidence to support a finding of indicated or ruled out.

A local department may base its finding of unsubstantiated child abuse on insufficient evidence:

A local department may find insufficient evidence supporting a finding of indicated child abuse for reasons including but not limited to:

A local department shall make a finding that child abuse is ruled out if the local department finds that child abuse did not occur.

The local department may base a finding of ruled out on:

Neglect with No Mental Injury. Except as provided in §A(2) of this regulation, the local department may make a finding of indicated child neglect when there is credible evidence, which has not been satisfactorily refuted, that the following four elements were present during the alleged neglect:

Neglect — Mental Injury. The local department may make a finding of indicated child neglect with mental injury if there is credible evidence, which has not been satisfactorily refuted, that the following four elements were present during the alleged neglect with mental injury:

A local department may make a finding of unsubstantiated child neglect if there is insufficient evidence to support a finding of indicated or ruled out.

A local department may base its finding of unsubstantiated child neglect on insufficient evidence:

A local department may find insufficient evidence supporting a finding of indicated child neglect for reasons including but not limited to:

A local department shall make a finding that child neglect is ruled out if the local department finds that child neglect did not occur.

The local department may base a finding of ruled out on:

In a case of ruled out child abuse or neglect, notify the alleged maltreator of the finding;

In a case of indicated or unsubstantiated child abuse or neglect in which a maltreator has been identified, send notice of the finding and of the right to appeal under COMAR 07.02.26 to the maltreator; and

In a case of indicated or unsubstantiated child abuse or neglect in which no individual has been identified as a maltreator, send notice of the finding and of the right to appeal under COMAR 07.02.26 to the alleged maltreator; and

Complete a written report of its disposition and any necessary services; and

Provide a final report to the State’s Attorney’s Office by any agreed means, including a report of a physical examination or treatment, if performed, of the alleged victim.

Evaluate the alleged victim’s home environment;

Decide on the safety of the alleged victim and of other children in the household or in the care or custody of the alleged maltreator; and

Determine what services, including a voluntary placement, are appropriate.

Before an initial interview with an adult, the local department representative shall present identification.

Before an initial interview with a child, the local department representative shall provide identification in a manner appropriate to the child’s developmental level.

During an initial interview with the alleged maltreator, the local department representative shall provide information concerning:

Initiate an on-site assessment with the alleged victim’s parent or primary caregiver;

Initiate an on-site assessment with the alleged victim and attempt to see the other children in the care or custody of the alleged maltreator;

Determine if the health, safety, or well-being of any children are at risk;

Document all visits or attempted visits; and

Obtain information relating to possible appropriate resources for the family.

Determines the names, ages, and condition of the children in the household or in the care or custody of the alleged maltreator;

Assesses the safety of the children in the household or in the care or custody of the alleged maltreator;

Evaluates the risk of future child abuse or neglect; and

Determines necessary services.

Complete an alternative response assessment within 60 days after receipt of the report; and

Within 10 days of completing the alternative response assessment, provide a written report to the adult family members who participated in the alternative response identifying accomplishments achieved and services necessary to address:

Consistent with the assessment and safety or service plans:

Every report of suspected child abuse or neglect; and

A case record of a CPS Response.

Materials obtained in the CPS response, including but not limited to:

Documentation of the local department's CPS response including:

Investigations.

Alternative Response. The local department shall expunge all records related to an alternative response within 3 years of receiving the report.

Prior Reports — Extended Expungement Dates.

Investigation Response Record — Good Cause for Expungement.

Upon written request by an alleged maltreator, the local department may retain a record of an investigation past the expungement date.

Records and reports, including the information in the records or reports, concerning child abuse or neglect and the information contained in them are confidential; and

The unauthorized disclosure of records and reports concerning child abuse or neglect and the information contained in them is a criminal offense subject to the penalty set out in Human Services Article, §1-202(e), Annotated Code of Maryland.

To a court:

Under an order of an administrative law judge if:

To the State Council on Child Abuse and Neglect, the State Citizens’ Review Board of Children, or their designees, or a child fatality review team, as necessary to carry out their official functions;

On written request, to the Baltimore City Health Department’s Office of Youth Violence Prevention if the record or report:

To the Division of Parole and Probation in the Department of Public Safety and Correctional Services if, as a result of a report of suspected child abuse or neglect, the local department has reason to believe that an individual who lives with or is in the regular presence of a child is registered under Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland, as a result of committing a sexual crime against a child;

To a health care practitioner, or agency, institution, or program treating or caring for an alleged victim if the information or record is relevant to the treatment or care limited to the following:

Upon request, to the State Medical Director for Children Receiving Child Welfare Services and all personnel under the direct supervision of State Medical Director as necessary to execute the duties of the position.

The Secretary of the Department or the director of a local department, or their designees, shall consult with the State’s Attorney in the jurisdiction where the fatality or near fatality occurred to determine whether release of information pursuant to §C(3) of this regulation would jeopardize or prejudice a criminal investigation or prosecution;

If the State’s Attorney concludes that:

Within 30 days of receiving notice pursuant to §C(2)(b) of this regulation or being advised that an ongoing investigation or prosecution has concluded, the Secretary of the Department and the director of the local department, or their designees, shall release the following information if it reasonably relates to the actions or omissions of the Department or local department:

The following information may not be disclosed:

Local or state departments of social services, law enforcement, and members of multidisciplinary case consultation teams, investigating a report of suspected child abuse or neglect or providing services to an alleged victim or an alleged victim’s family;

Local or state officials administering child protective services, juvenile services, child care, foster care, or adoption, including related licensing, approval, and compliance with regulations, as necessary to carry out their official functions;

A licensed practitioner, agency, institution, or program providing treatment or care to an alleged victim;

An individual identified as responsible for alleged child abuse or neglect if the individual is responsible for the alleged victim’s welfare;

An alleged victim’s parent or caregiver;

The appropriate public school superintendent or principal, or equivalent employee of a nonpublic school holding a State certificate of approval or registration with the Maryland State Department of Education, or 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, for the purpose of carrying out appropriate personnel or administrative actions following a report of suspected child abuse involving a student committed by:

The president of a Maryland public institution of higher education, as defined in Education Article, Title 10, Subtitle 1, Annotated Code of Maryland, or the Chancellor of the University System of Maryland to carry out appropriate personnel or administrative actions following a report of child abuse committed by:

The Office of Child Care:

A qualified addictions specialist as defined in Family Law Article, Title 5, Subtitle 12, Annotated Code of Maryland;

The Juvenile Justice Monitoring Unit of the Office of the Attorney General; or

A licensed practitioner of a hospital or birthing center for the purpose of making discharge decisions concerning a child when, based on the practitioner's observation or knowledge of the behavior of the child's parents or immediate family members, the practitioner has reason to believe that the child will be in danger after discharge limited to:

Waiver.

Employment Background Checks—Indicated Finding.

Alternative Response Records. The local department may not use or disclose records and reports, including information in those records and reports, related to an alternative response to respond to a request made pursuant to §F(2)(a) and (b)of this regulation.

Shall consider whether disclosure is in the best interests of children identified in the record; and

May withhold information if disclosure is contrary to a child's best interest.

In making a disclosure under this regulation, a local department shall protect the identity of the reporter and of an individual whose life or safety is likely to be endangered by disclosure.

The local department shall not disclose the identity of the individual who reported suspected child abuse or neglect unless:

A local department shall have at least one standing multidisciplinary case consultation team that meets on a regular basis to make policy recommendations and provide case direction and services for cases including by not limited to:

A local department shall solicit representatives of the following to serve on a standing multidisciplinary case consultation team:

The local department may convene a multidisciplinary case consultation team on an ad hoc basis to assist in a CPS response or provision of services in a particular case with representatives from the appropriate entities specified in §A(2) of this regulation.

Reports Concerning Child Care Centers or Family Day Care Homes.

In cases other than those specified in §B(2) of this regulation, involving reports of child abuse and neglect in out-of-home care, the local department shall consider whether to convene a multidisciplinary case consultation team soliciting participation from:

Appropriate law enforcement agencies;

The State's Attorney's office;

The Office of Child Care’s regional manager;

The local health officer; and

The local child advocacy center.

To facilitate the investigation of alleged child sexual abuse, the local department shall enter into a collaborative written agreement pursuant to Family Law Article, §5-706(g), Annotated Code of Maryland, with the appropriate law enforcement agencies, child advocacy center, and the State’s Attorney’s office to establish joint investigation procedures.

Joint investigation procedures shall include: