The purpose of Child Protective Services is to stop and prevent child abuse and neglect through the: 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. These regulations establish the appropriate protocols for local departments of social services to: 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: Risk of harm to a child; Risk of subsequent child abuse or neglect; Family strengths and needs; and The provision of necessary services or referrals for service. “Authority figure” means a person who, because of the person’s position or occupation, exercises authority over a child. Caregiver. “Caregiver” means an individual who has permanent or temporary care, custody, or responsibility for supervision of a child. “Caregiver” includes but is not limited to a stepparent, foster parent, guardian, custodian, employee, or volunteer in a facility or program caring for a child, a person who has responsibility for supervision of the child, or any individual engaged in sex trafficking a child or otherwise controlling a child who is involved in sex trafficking. “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: The physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed by: A parent; A household or family member; A caregiver; or An authority figure; Sexual abuse, whether physical injuries are sustained or not; or Labor trafficking. “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: A failure to provide proper care and attention to a child, including leaving a child unattended, under circumstances that indicate that the child's health or welfare was harmed or placed at substantial risk of harm; or Mental injury of a child caused by the failure to provide proper care and attention to a child. “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: Correctional institute; Public, parochial, or private educational facility; Health care facility; Juvenile services facility; Social service agency or institution; Licensed facility including but not limited to: Caseworkers; Counselors; Probation or parole officers; Social workers; and Teachers. Failure to Provide Proper Care and Attention. “Failure to provide proper care and attention” means the omission of proper care or attention or the provision of improper care or attention. “Failure to provide proper care and attention” includes leaving a child unattended. “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: The alleged victim; A household or family member of the alleged victim; A parent or legal guardian of the alleged victim; and The alleged maltreator. “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: Taking, placing, harboring, persuading, inducing, or enticing a child by force, fraud, or coercion to provide services or labor; or Receiving a benefit or thing of value from the provision of services or labor by a child that was induced by force, fraud, or coercion. “Law enforcement agency” means a police department, bureau, or agency including but not limited to: A federal, State, county, or municipal police department or agency; A Sheriff's office; A State's Attorney's office; and The Attorney General's office. “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 care” means care provided to a child in a setting other than the home of the child's parent or guardian. “Out-of-home care” includes but is not limited to care and supervision provided in day care, foster care, residential or 24-hour care, respite care, preschool, school, camp, or recreational programs. “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. “Providing proper care and attention” means providing care appropriate to the child's needs and development. “Providing proper care and attention” includes but is not limited to: Providing appropriate food, clothing, shelter, medical care, nurturing, activity, guardianship, and supervision; and Caring and planning for the child's welfare. “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 of a child by: A parent; A household or family member; A caregiver; or An authority figure; or Sex trafficking of a child by any individual. Sexual Molestation or Exploitation. “Sexual molestation or exploitation” means sexual contact or conduct with a child. “Sexual molestation or exploitation” includes but is not limited to: Engaging in exposure or voyeurism; Making sexual advances; Kissing or fondling; Grooming for sexual activity; Committing a sexual crime in any degree including rape, sodomy, or sex trafficking; or Allowing, encouraging, or engaging in obscene or pornographic display, photographing, filming, or depiction of a child in a manner prohibited by law. “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. Without regard to economic circumstances, the following individuals are eligible for a CPS response: An alleged victim; An alleged maltreator; and Household and family members of the alleged victim. Alternative Response. Reports that are eligible for an alternative response include: 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. Investigation. 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: Reports of sexual abuse; Reports of Labor Trafficking; Reports of child abuse or neglect occurring in an out-of-home placement; Reports resulting in death, mental injury, or a serious physical injury; and Reports in which the alleged maltreator has: Been identified as responsible for child abuse or neglect in the previous 3 years; Had a report assigned for an alternative response within the previous 12 months; or Had two reports assigned for an alternative response within the previous 24 months. Reassignment. With a CPS supervisor’s approval, a report assigned for an alternative response may be reassigned at any time for an immediate investigation if: The case satisfies a criterion in §C of this regulation or fails to satisfy the criteria in §B of this regulation; A family is unable or has refused to participate in the alternative response assessment; or Other factors or circumstances indicate the family is inappropriate for an alternative response. With a CPS supervisor’s approval, a report assigned for an investigation may be reassigned for an alternative response at any time if: The case satisfies a criterion in §B of this regulation and does not satisfy the criteria in §C of this regulation; and Accepted services would address all issues of risk of child abuse or neglect and child safety. 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. Individuals who are not mandated reporters and have reason to believe that a child has been abused or neglected shall immediately notify a local law enforcement agency or a local department by any available means. A mandated reporter shall report suspected child abuse or neglect that occurred in Maryland: 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. A mandated reporter shall report suspected child abuse or neglect that occurred outside of Maryland to any local department in accordance with Family Law Article, §5-705.1, Annotated Code of Maryland. Upon request, a local department shall provide a mandated reporter with a supply of forms created by the Administration that the mandated reporter may use in making a written report. An employee of a local department shall immediately forward any report of suspected child abuse or neglect received in the course of employment, however communicated, to CPS to screen the report. A reporter shall include in a report of suspected child abuse or neglect as much of the following information that is available: 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: The cause of injury or of a failure to provide proper care and attention; The identity of individuals responsible for the alleged child abuse or neglect; and The safety of the alleged victim and risk of future maltreatment; and In the case of suspected child abuse or neglect involving a mental injury: A description of the substantial impairment of the child's mental or psychological ability to function; An explanation of why the reporter believes the mental injury is attributable to maltreatment; Any observations or knowledge about the intent or recklessness of the alleged maltreator in causing a mental injury. The failure or inability of a reporter to provide the information in §F of this regulation will not be grounds for screening out the report unless the information provided is insufficient to allow the local department to locate or identify the alleged victim. An individual is not required to report suspected child abuse or neglect in violation of: The attorney-client privilege under Courts and Judicial Proceedings Article, §9-108, Annotated Code of Maryland including communications: In confidence by a client to the client's attorney, relating to the representation of the client, or That would violate a constitutional right to assistance of counsel; or 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 accept reports of suspected child abuse or neglect from any source including local department staff. A local department shall establish a process for ensuring that a report of suspected child abuse or neglect is immediately directed to CPS for an appropriate response. On-Call Staff. 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. If a local department receives a report of suspected child abuse or neglect alleged to have occurred in Maryland, it shall: 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. If a local department where the alleged maltreatment occurred accepts a report for alternative response and the alleged victim resides in another Maryland jurisdiction, the local department shall immediately forward the report to the local department in the jurisdiction where the child resides to complete the alternative response. Child Abuse or Neglect Alleged to Have Occurred Outside of the State. Promptly after receiving a report of suspected child abuse or neglect pursuant to Regulation .04C of this chapter: 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. If a reported incident of suspected child abuse or neglect does not meet the definition of child abuse or neglect in Regulation .02B of this chapter, the local department may: Decline to initiate a CPS response; Make referrals to other services or agencies; and Maintain a record of non-identifying information including: A summary of the allegation; and The reason for not accepting the report for a CPS response. If a report of suspected child abuse or neglect arises from the failure of a voluntary placement involving a child with disabilities and diagnostic evidence, family history, and current circumstances do not support a reasonable fear for the safety of the child or family members, a local department shall initiate an appropriate CPS response. If the local department receives a report of suspected child abuse or neglect based on information that the reporter knew to be false at the time of the report, the local department shall, upon completion of the CPS response, refer the reporter to the local State's Attorney's office for possible prosecution under Criminal Law Article, §9-503, Annotated Code of Maryland. Failure to Report. 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: If the person is employed as a health practitioner, notify the appropriate licensing board in accordance with the provisions of the Health Occupations Article; If the person is employed as a law enforcement officer, notify the law enforcement agency with which the person is employed; or If the person is employed as an educator or human service worker, notify the county board of education or the appropriate agency, institution, or licensed facility with which the person is employed. For purposes of this section, a mandated reporter may be found to have knowingly failed to report if the mandated reporter: Had reason to believe child abuse or neglect occurred and did not make a report; and Had no basis to conclude that another individual had made the mandated report. The local department shall attempt to obtain from a reporting source the information set forth in Regulation .04F of this chapter. The local department shall enter identifying information into the centralized confidential database and, as appropriate, add to or correct information already entered. 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. 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: Take appropriate steps to restrict access to the report and CPS response; and When appropriate because of possible bias or appearance of bias: Request that another local department conduct the CPS response and recommend a finding or service plan; and If necessary, contact the Administration to request its intervention. Report of Child Fatality. If a report of suspected child abuse or neglect involves a child fatality: The local department shall contact the Administration immediately to: Provide information concerning the incident; and 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 The Administration shall promptly notify the State Fatality Review Team. 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: 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. 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: 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: Notify: The caseworker for the alleged victim; The caseworker for the out-of-home placement; and If the alleged maltreator is a child in the out-of-home placement, the worker for the alleged maltreator; and Coordinate the CPS response with the caseworker for the out-of-home placement and the alleged victim; and Exchange information with the Administration, caseworkers, and a child placement agency regarding: Actions taken regarding the out-of-home placement or children in the out-of-home placement; Information having a bearing on the safety of children in the out-of-home placement; and The disposition of the child abuse or neglect investigation. 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: Determine if the alleged maltreator: Is currently the parent of a child; Has permanent or temporary care, custody, or responsibility for supervision of a child; Is a household or family member of a child; or Is an authority figure to a child. 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. 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. CPS Responses Across Jurisdictional Lines in Maryland. Investigations. 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. The local department responsible for the investigation shall: Coordinate activity of involved law enforcement agencies and local departments; Immediately notify the local department in the jurisdiction where the alleged victim or maltreator resides; Forward the results of interviews conducted in other jurisdictions to the State's Attorney's office and the local law enforcement agency; and Make the finding. The local department where the alleged victim or alleged maltreator lives shall: 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; 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; 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; When requested, interview the alleged maltreator; Forward the results of interviews, including recordings of interviews, to the local department where the child abuse or neglect is alleged to have occurred; Forward any recommended finding to the local department where the child abuse or neglect is alleged to have occurred; and Provide services if appropriate to the alleged victim, and the alleged victim’s family and household; and 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. Alternative Response. 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. The local department conducting an alternative response is responsible for completing the assessment under Regulation .14 of this chapter. 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. CPS Responses Across State Lines. If a local department receives a report of alleged child abuse or neglect that occurred in another State, the local department shall: 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 Request that the reporter also contact the appropriate agency in the other jurisdiction. If the alleged victim resides or is in Maryland, the local department shall: Interview the child to assess the child’s safety; and Offer services to the child and the child's family. The local department shall cooperate to the extent requested with the agency investigating or assessing the report in a timely manner. During an investigation, the local department shall: 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. If necessary, the local department shall obtain information from the reporting source, parents, other relatives, community members, and other appropriate community resources including schools, hospitals, clinics, or law enforcement agencies. If the local department is denied entry to a child care center or family day care home to conduct an on-site investigation, the local department shall contact the Office of Child Care’s regional manager in an attempt to gain entry under COMAR 13A.15.07 and 13A.16.07. Initial Interviews. 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: The nature of the alleged child abuse or neglect; and The local department's investigation process. Danger to a Child. If the local department considers an alleged victim to be in danger of immediate harm or injury, the local department shall: Make the least disruptive and least traumatic arrangements necessary for the child's protection and care including but not limited to: Agreeing that the alleged victim may stay with a relative; or Encouraging the family to seek a protective order to limit the alleged maltreator's access to the alleged victim; and If in the best interest of the safety and protection of the alleged victim, remove the child from the home with or without the consent of the parent, guardian, or custodian and: Obtain court authorization for shelter care, if possible, before removal or as soon afterward as possible under Courts and Judicial Proceedings Article, §3-815, Annotated Code of Maryland; and Notify the child's parents, guardians, or custodian of scheduled hearings. 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. Physical Examination of a Child. 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: Relieve any urgent illness or life-threatening health condition; and Determine the nature or extent of any child abuse or neglect. 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: The local department shall: Attempt to obtain information regarding health care insurance coverage available to the child, including medical assistance; and If necessary, secure medical assistance for an eligible child examined or treated under the emergency conditions. The Maryland Department of Health shall pay all reasonable physician or health care institution charges not covered by other resources; and The child's parent, guardian, or custodian shall repay the Maryland Department of Health for examinations or treatment. The local department or, if warranted, law enforcement shall notify the State's Attorney's office of any preliminary findings in a child abuse investigation within ten days of receipt of the report of suspected child abuse. 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: 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. 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. Abuse and Neglect — Mental Injury. 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. 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. Behavior that may be relevant to a finding of mental injury includes but is not limited to: Implied or overt threats of death or serious injury made to a child or in a child’s presence; Implied or overt threats made in a child’s presence to intentionally harm an animal; Constant denigration of a child; Extensive emotional or physical isolation or confinement of a child; Extreme antagonistic behavior by one or both parents toward the other parent; or Unnecessary and unwarranted medical diagnosis or treatment of a child. Professional Assessments — Mental Injury. If a worker suspects mental injury, the worker shall promptly obtain an assessment by any two of the following: A licensed physician, as defined in Health Occupations Article, §14-101, Annotated Code of Maryland; A licensed psychologist, as defined in Health Occupations Article, §18-101, Annotated Code of Maryland; and 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. If a professional assessor concludes that the child has sustained a mental injury, the local department shall request a written assessment that includes: A description of an observable, identifiable, and substantial impairment of the child’s mental or psychological ability to function; and 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. In conducting the investigation and making a finding, the local department shall consider professional assessments in addition to other information gathered during the investigation. Mental Injury — Categorized. Mental injury caused by an act to a child is child abuse; and Mental injury caused by an omission or other failure to provide proper care or attention to a child is child neglect. A local department shall complete and document an investigation using assessment tools and forms required by the Administration. A local department or, in a joint investigation, a law enforcement agency shall: 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. An investigation is complete when the local department has completed the requirements of Regulation .07A and B of this chapter and a supervisor has approved the finding. 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. 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. 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: 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. 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: 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. More than one individual may be identified as responsible for child abuse or neglect if more than one: 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. 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. Indicated Child Abuse. 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: A physical injury; A child victim; A parent, caregiver, authority figure, or household or family member of the alleged victim responsible for the alleged abuse; Circumstances including the nature, extent, and location of the injury indicating that the alleged victim’s health or welfare was harmed or was at substantial risk of harm; and Labor Trafficking. Sexual Abuse. A local department may make a finding of indicated child sexual abuse if there is credible evidence, which has not been satisfactorily refuted, that the following three elements were present during the alleged child sexual abuse: An act that involves sexual molestation, sexual exploitation, or sex trafficking; A child victim; and A parent, caregiver, authority figure, or household or family member of the alleged victim responsible for the alleged child sexual abuse, or sex trafficking of a child by any individual. Physical injury is not required for a finding of indicated 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 mental injury characterized by an observable, identifiable, substantial impairment to the child's mental or psychological ability to function, which may be shown by the need for specific psychiatric, psychological, or social work intervention; A child victim; A parent, caregiver, authority figure, or household or family member of the alleged victim responsible for the alleged child abuse with mental injury; Mental injury caused by an intentional act or series of acts, regardless of whether there was an intent to harm the child; and Circumstances including the nature and extent of the mental injury indicating that the alleged victim’s health or welfare was harmed or was at substantial risk of harm. Unsubstantiated Child Abuse. 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: Supporting one or more elements of indicated child abuse; or Refuting one or more elements of indicated child abuse. A local department may find insufficient evidence supporting a finding of indicated child abuse for reasons including but not limited to: The lack of a credible account by the alleged victim or witness; The failure of the alleged maltreator to completely and credibly refute the allegations; A lack of access to the alleged victim or alleged maltreator despite reasonable efforts to obtain access; or An inability to obtain relevant facts regarding the alleged child abuse despite reasonable efforts. Ruled Out Child Abuse. 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: A lack of credible evidence supporting one or more elements of indicated child abuse; or A credible refutation of one or more of the elements of indicated child abuse; or A finding that the alleged maltreator was not responsible for the injury for reasons including but not limited to: The injury was caused by accidental means and was not caused by a reckless disregard for the child’s health or welfare; or The injury was a result of the child's medical condition. If the alleged maltreator was a child and not the parent of the alleged victim, the local department may consider the factors in Regulation .10D of this chapter to determine the appropriate finding. Indicated Child Neglect. 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: A failure to provide proper care and attention; A child victim; A parent or caregiver of the alleged victim responsible for the alleged neglect; and Circumstances including the nature, extent, or cause of the alleged neglect indicating that the alleged victim’s health or welfare was harmed or was at substantial risk of harm. 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 mental injury caused by a failure to provide proper care and attention regardless of whether there was an intent to harm the child and characterized by an observable, identifiable, substantial impairment to the child's mental or psychological ability to function, which may be shown by the need for specific psychiatric, psychological, or social work intervention; A victim who was a child; A parent or caregiver of the alleged victim responsible for the alleged child neglect with mental injury; and Circumstances including the nature and extent of the failure to provide proper care and attention indicating that the child's health or welfare was harmed or was at substantial risk of harm. Unsubstantiated Child Neglect. 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: Supporting one or more elements of indicated child neglect; or Refuting one or more elements of indicated child neglect. A local department may find insufficient evidence supporting a finding of indicated child neglect for reasons including but not limited to: The lack of a credible account by the alleged victim or witness; The failure of the alleged maltreator to completely and credibly refute the allegations; A lack of access to the alleged victim or alleged maltreator despite reasonable efforts to obtain access; or An inability to obtain relevant facts regarding the alleged child neglect despite reasonable efforts. Ruled Out Child Neglect. 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: A lack of credible evidence supporting one or more elements of indicated child neglect; or The credible refutation of one or more of the elements of indicated child neglect. If the alleged maltreator was a child and not the parent of the alleged victim, the local department may consider the factors in Regulation .10D of this chapter to determine the appropriate finding. Before a local department closes its record of investigation, the local department shall: Ensure that the record is complete; No later than 30 days after completing the investigation: 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 Within 5 business days of completing an investigation: 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. During the alternative response assessment, the local department shall gather appropriate information to: 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. Initial Interviews — Alternative Response. 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: The nature of the alleged child abuse or neglect; and The local department’s alternative response process. If during the course of an alternative response assessment the department takes a child into custody without parental consent or before court approval, the local department shall have the child examined as outlined in Regulation .07F of this chapter. If a law enforcement agency made the report of child abuse or neglect, the local department shall advise the appropriate law enforcement agency that the report has been assigned for an alternative response. Within 24 hours of receiving a report of suspected child abuse assigned for an alternative response, the local department shall: 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. Within 5 days of receiving a report of suspected child neglect assigned for an alternative response, the local department shall follow the procedures under §A of this regulation. The local department shall complete its alternative response assessment using assessment tools and forms required by the Administration. An assessment is complete when the local department: 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. The local department shall: 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: The safety of the alleged victim or other children in the household; and The risk of subsequent child abuse or neglect; and Consistent with the assessment and safety or service plans: Provide appropriate services in the best interests of the children; Link the family or alleged victim for additional services; and As necessary for the safety of the alleged victim or other children in the household, establish a plan to monitor adherence to a safety plan and the delivery and completion of appropriate services. If a local department determines that, as a result of its CPS response, ongoing services are appropriate, it shall immediately refer the case to local department staff providing those services or to service providers outside of the local department. If the local department provides continuing child welfare services through purchase or referral, the local department shall share information regarding the CPS response with the provider as appropriate to the case and in accordance with confidentiality provisions of Regulation .21 of this chapter. If the local department determines that a child is a CINA or would benefit from a voluntary placement, the local department shall file a petition with the court in accordance with Courts and Judicial Proceedings Article, §§3-809 and 3-811, Annotated Code of Maryland. Regardless of whether the local department initiates a CINA proceeding, the local department shall continue, as appropriate, to assess the child's safety and provide services. If an investigation results in a finding of indicated and a child under the age of three is a member of the maltreator’s or victim’s household or is in the care or custody of the maltreator, the department shall make a referral to the lead public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State. Until expunged in accordance with Regulation .19 of this chapter, the local department shall maintain: Every report of suspected child abuse or neglect; and A case record of a CPS Response. The case record shall include: Materials obtained in the CPS response, including but not limited to: The written report of suspected child abuse or neglect; Recordings of interviews conducted by the local department, child advocacy center or, in a joint investigation, by law enforcement during the CPS response; and Medical records, law enforcement reports and photographs, correspondence, consents, court orders, court reports, and all other documents obtained during the CPS response; Documentation of the local department's CPS response including: Notes of contacts and interviews, including handwritten notes; The names, addresses, and telephone numbers if available, of the parents, guardians, identified relatives, and other significant individuals related to the CPS response; A written narrative of the CPS response; Safety and risk assessments and other documentation of the safety of the alleged victim and of the other children in the household and the risk of future maltreatment; The need for ongoing services and linkage to services; and In an investigation: A closing letter to the victim’s parents or guardians documenting the reason for and the outcome of the investigation; and A notice of a finding and the right to appeal to the alleged maltreator; and In an alternative response, a written report provided to the family members; If a local department provides child welfare services other than child protective services after completion of a CPS response, the local department's files related to the child welfare services shall be kept with but not as a part of the CPS response record. General Rules for Expungement. Investigations. A local department shall not expunge records related to an investigation resulting in an indicated finding. A local department shall expunge records related to an investigation resulting in an unsubstantiated finding within 5 years of receiving the report. A local department shall expunge records related to an investigation resulting in a ruled out finding within 2 years of receiving the report. A local department shall expunge records related to a screened out report of child abuse or neglect within 2 years of receiving the report. Alternative Response. The local department shall expunge all records related to an alternative response within 3 years of receiving the report. Exceptions to the General Rules for Expungement. Prior Reports — Extended Expungement Dates. If the local department accepts for a CPS response a report concerning an individual who was the alleged maltreator in a previous investigation or a participant in a previous alternative response, the local department shall not expunge the record related to the previous CPS response before the expungement of the record relating to the subsequent CPS response. If a record in a previous CPS response has an expungement date later than the expungement date for a subsequent CPS response, the general rules for expungement apply. Investigation Response Record — Good Cause for Expungement. Upon written request by an alleged maltreator, the local department shall determine if good cause exists to immediately expunge a record related to an investigation that resulted in a ruled out finding prior to the prescribed expungement date. The director of the local department will determine whether good cause exists based on an evaluation of whether the investigative record would serve any purpose in a future CPS response. The local department’s determination as to whether good cause exists is final and not subject to further review. Upon written request by an alleged maltreator, the local department may retain a record of an investigation past the expungement date. The local department shall not expunge any record related to an investigation until there has been a final determination. Expungement of records in accordance with this regulation will include shredding or deleting all documents including the report of suspected child abuse or neglect and all assessments and investigative findings stored in any manner. Upon accepting a report of suspected child abuse or neglect, the local department shall enter identifying information into a centralized confidential database and, as appropriate, add to or correct information already entered. The local department shall expunge identifying information from the centralized confidential database when it expunges the record related to that report. The local department may only permanently identify an individual as responsible for alleged child abuse or neglect in the centralized confidential database if the individual was found responsible for indicated child abuse or neglect in a final determination. Except as otherwise provided in Family Law Article, Title 5, Subtitle 7, and Human Services Article, §§1-201—1-203, Annotated Code of Maryland, and §§B—D of this regulation: 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. A local department shall disclose a record or report, or information in a record or report, concerning a CPS response: To a court: Ruling on a request for shelter care, foster care, or a protective order; Ruling in a CINA case or on a petition for guardianship with a right to consent to adoption of the child; or Ordering disclosure; Under an order of an administrative law judge if: A record or report concerns a case pending before the Office of Administrative Hearings; and Provision is made to comply with other State or federal confidentiality laws; 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: Is relevant to the provision of the treatment or care of an alleged victim; Concerns a child convicted of a crime or adjudicated delinquent for an act that caused a fatality or near fatality; or Concerns a child victim of a crime of violence, as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, residing in Baltimore City, and is requested for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City; 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: Information regarding the alleged victim’s condition and well-being; Information regarding the alleged victim’s medical and mental health and developmental needs; The name of health care practitioners identified in the record who have treated or cared for the alleged victim; and Other information that the local department determines may be useful including: The status of immunizations; Current medications; or The names of any individuals whose legal access to the alleged victim has been restricted; and 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. In response to a written request pursuant to Human Services Article, §1-203, Annotated Code of Maryland, concerning an alleged victim who has suffered a fatality or near fatality: 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: Release of information pursuant to §C(3) of this regulation will jeopardize or prejudice a criminal investigation or prosecution, the State’s Attorney shall promptly advise the Department or local department and, within 10 days of the conclusion of the investigation or prosecution, advise the Department or local department that information may be released; or Release of information pursuant to §C(3) of this regulation will not jeopardize or prejudice a criminal investigation prosecution, the State’s Attorney shall promptly advise the Department or local department; 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 name of a child who suffered a fatality; The dates of CPS responses involving the alleged victim including the date of the report of the fatality or near fatality; The final determination in a current or prior investigation involving the alleged victim; The number and type of services or service referrals provided to the alleged maltreator, the alleged victim, or household or family members of the alleged victim; CINA adjudications of the alleged victim, the alleged victim’s siblings, children in the alleged victim’s household or family, and children in the care of the alleged maltreator; The status of any CPS response involving the alleged victim that was open at the time of the fatality or near fatality; A summary of the facts, including the date of the fatality or near fatality; The cause of a fatality as reported by the medical examiner; and Other information concerning the circumstances of the fatality or near fatality as determined by the Secretary of the Department or the director of the local department to be consistent with the public interest, which includes consideration of the welfare of the alleged victim, the alleged victim’s family or household members, and the alleged maltreator; and The following information may not be disclosed: The name of an alleged victim who sustained a near fatality; The names of an alleged victim’s sibling, parent, household or family member, an individual legally responsible for the alleged victim, and the alleged maltreator; A medical report other than a medical examiner’s report regarding the cause of a fatality; and A file related to the alleged victim. If it furthers a purpose of the specific exception to confidentiality, a local department may disclose, at its discretion, a record or report, or information in a record or report, concerning a CPS response to: 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: An employee in that school or school system; An independent contractor who supervises or works directly with students in that school or school system; or An employee of an independent contractor, including a bus driver or bus assistant, who supervises or works directly with students in that school or school system; 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: An employee of the institution who has on-campus contact with children; or A contractor, employee of a contractor or volunteer who has on-campus contact with children at the institution; and The Office of Child Care: For disclosure to an operator of a child care center that is required to be licensed or to hold a letter of compliance under Family Law Article, Title 5, Subtitle 5, Part VII, Annotated Code of Maryland, or to a family day care provider who is required to be registered under Family Law Article, Title 5, Subtitle 5, Part V, Annotated Code of Maryland, for the purpose of: Determining the suitability of an individual for employment in a child care center or family day care home; or Carrying out appropriate personnel actions following a report of suspected child abuse or neglect when the alleged maltreator is an employee of a child care center or family day care home and, the alleged victim was under the care of the child care center or family day care provider at the time of the alleged maltreatment; or For use in any administrative or judicial enforcement proceedings. 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: A statement as to whether either parent of the child under the practitioner’s care has been found responsible for indicated child abuse or neglect; and A statement as to whether either parent of the child under the practitioner’s care has an open CPS response. With any record or report disclosed to a person other than a mandated reporter pursuant to §D of this regulation, the local department shall provide written notice that redisclosure is subject to the requirements and penalties of Human Services Article, §1-202, Annotated Code of Maryland. Disclosure by Consent. Waiver. A local department may disclose a record or report, or information in a record or report, concerning a CPS response if all individuals with a privacy interest in the records or information have waived their confidentiality interest in accordance with COMAR 07.01.07.05. A parent, guardian, or custodian may waive a child's right to confidentiality for purposes of §F(1)(a) of this regulation only if the parent, guardian or custodian is not alleged to have abused or neglected the child. Employment Background Checks—Indicated Finding. If an individual requires a background check for the purposes of working or volunteering with children, a local department may notify a designated person whether the individual has been identified in a final determination as responsible for indicated child abuse or neglect if the local department receives on a form developed by the Administration: A notarized request from the individual needing the background check stating that the individual will be or is working or volunteering with children; A request signed by the individual needing the background check with a verification of that individual’s identity by the person designated to receive the results of the background check stating that the individual will be or is working or volunteering with children; or Other reliable verification of the individual’s identity from a source approved by the Administration and a statement by the individual needing the background clearance that the individual will be or is working or volunteering with children. With the request under §F(2)(a) of this regulation or by a subsequent request meeting the requirements of §F(2)(a) of this regulation, after a local department has notified a designated party that an individual has been found responsible for indicated child abuse or neglect, the individual may authorize the local department to release to the designated person a brief written summary of the facts resulting in the indicated. In responding to a request pursuant to §F(2)(a) and (b) of this regulation, the local department may not: Identify an individual other than the requestor who was involved in the indicated maltreatment; Disclose information about an individual who has not been identified as responsible for indicated child abuse or neglect in a centralized confidential database; Disclose information about a finding that is not the subject of a final determination. When a local department receives a request pursuant to §F(2)(a) concerning an individual with a finding of indicated child abuse or neglect who has not been offered an opportunity to request a contested case hearing, the local department shall: Provide the individual with appeal rights pursuant to Family Law Article, §5-706.1, Annotated Code of Maryland; and Wait for a final determination before responding to the request for information. 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. Disclosures in a Child’s Best Interest. Except as provided in §B of this regulation, when making the decision to disclose records or reports, or information in those records and reports in accordance with this regulation, the local department: 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. Identification of Reporting Source. 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: The reporter is a mandated reporter who has given written permission to the local department to make the disclosure; or In a court proceeding: The court has unequivocally ordered the local department to disclose the identity of the reporter; The local department has advised the court if it believes that the disclosure of the identity of the reporter is not necessary for a determination of an issue before the court; and The local department has requested that disclosure of the identification of the reporter be confined to the parties and not further disclosed. The Department may publicize or distribute demographic and statistical data for research purposes if the data does not identify particular individuals or cases. Purpose and Composition of Standing Multidisciplinary Case Consultation Teams. 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: Complex cases; Cases with multiple referrals from mandated reporters; Cases that are likely to result in multiple indicated findings; Open cases in which there has been a fatality or near fatality; and Other cases brought to the team by team members. A local department shall solicit representatives of the following to serve on a standing multidisciplinary case consultation team: The State's Attorney's office; Law enforcement; Medical, including mental health, professions; Education; Private social services; Domestic violence or sexual assault services; Licensing staff of appropriate agencies; Parole and probation; The Department of Juvenile Services; Substance abuse treatment providers; and Other agencies deemed appropriate by team members. Purpose and Composition of Other Multidisciplinary Case Consultation Teams. 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. If a report concerns alleged child abuse or neglect in a child care center or family day care home, the local department shall assist the Office of Child Care's regional manager in convening a multidisciplinary case consultation team to assist the agencies in fulfilling their responsibilities under the written agreement developed pursuant to Regulation .23A of this chapter and Family Law Article, §5-706(f), Annotated Code of Maryland. The multidisciplinary case consultation team shall be chaired by the Office of Child Care’s regional manager and include representatives from the: Local department and law enforcement agency investigating the report; State's Attorney's office; and Appropriate medical, including mental health, professions. 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: The State's Attorney's office; The appropriate law enforcement agency; and The licensing, approving, or administering agency. To facilitate the investigation and prosecution of cases of alleged child abuse or neglect, the local department shall enter into a collaborative written agreement pursuant to Family Law Article, §5-706(f), Annotated Code of Maryland, with: 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. Joint Investigation of Child Sexual Abuse Allegations. 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: Using appropriate techniques for expediting investigation of sexual abuse complaints; Establishing an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases; and Developing and using investigative techniques designed to minimize: The potential for physical harm to the child; Trauma to the child during the investigation and prosecution of the case; and The potential for influencing the child's statement. An agreement signed pursuant to this regulation must include a provision requiring law enforcement agencies to make available to the local department any and all recordings of interviews with a victim, witness, or alleged maltreator conducted in the course of a joint investigation. When a local department makes a finding of indicated or unsubstantiated child abuse or neglect, the local department shall offer a right to a hearing under Family Law Article, §5-706.1, Annotated Code of Maryland, and COMAR 07.02.26 to an individual whom a local department has found responsible for the child abuse or neglect or, if no maltreator has been identified, to the alleged maltreator. Criminal Law Article, §§3-601, 3-602, and 3-602.1; Family Law Article, Title 5, Subtitle 7; Human Services Article, §§1-202 and 4-207; Annotated Code of MarylandChs. 398 and 399, Acts of 2011 (Agency Note: 42 U.S.C. 5106a(b)(2); 45 CFR §1340.20) Effective date: February 1, 1973 Regulation .03B amended effective January 5, 1977 (4:1 Md. R. 15) Chapter revised effective August 17, 1977 (4:17 Md. R. 1293) Regulations .01 and .05B amended effective November 2, 1979 (6:22 Md. R. 1776) Regulation .07B adopted effective May 2, 1980 (7:9 Md. R. 843) Regulation .11 adopted effective November 2, 1979 (6:22 Md. R. 1776) Chapter revised effective March 6, 1981 (8:5 Md. R. 471) Regulations .02B and .08 amended effective December 20, 1982 (9:25 Md. R. 2477) Regulation .02A, C amended effective December 17, 1984 (11:25 Md. R. 2129) Regulation .02E-1 adopted effective March 11, 1985 (12:5 Md. R. 481) Regulation .05B amended effective December 17, 1984 (11:25 Md. R. 2129) Regulation .09I repealed effective December 17, 1984 (11:25 Md. R. 2129) Regulation .10-1 adopted effective December 17, 1984 (11:25 Md. R. 2129) Regulation .11 amended effective March 11, 1985 (12:5 Md. R. 481) Chapter revised effective February 6, 1989 (16:2 Md. R. 157) Regulations .02, .03, .07, .08, and .14 amended and .07-1 and .19 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1547) Regulations .01—.18 repealed and new Regulations .01—.24 adopted effective October 1, 1994 (21:19 Md. R. 1630) Regulation .02B amended effective November 6, 1995 (22:22 Md. R. 1656) Regulation .05G adopted effective July 1, 1996 (23:13 Md. R. 940) Regulation .07 amended effective August 14, 1995 (22:16 Md. R. 1219) Regulation .22 amended effective August 14, 1995 (22:16 Md. R. 1219) Regulation .23A amended effective November 18, 1996 (23:23 Md. R. 1554) Chapter, Protective Services for Neglected and Abused Children, repealed and new chapter, Child Protective Services—Investigation of Child Abuse and Neglect, adopted effective March 18, 2002 (29:5 Md. R. 500) Regulation .02B amended effective November 19, 2007 (34:23 Md. R. 2025); October 5, 2009 (36:20 Md. R. 1527); September 30, 2013 (40:19 Md. R. 1543) Regulation .03 amended effective October 5, 2009 (36:20 Md. R. 1527) Regulation .04A, B amended effective February 20, 2012 (39:3 Md. R. 258) Regulation .05 amended effective April 11, 2005 (32:7 Md. R. 676); November 19, 2007 (34:23 Md. R. 2025) Regulation .05D amended effective February 20, 2012 (39:3 Md. R. 258) Regulation .06 amended effective November 19, 2007 (34:23 Md. R. 2025); February 20, 2012 (39:3 Md. R. 258) Regulation .07A amended effective November 19, 2007 (34:23 Md. R. 2025) Regulation .07C amended effective February 20, 2012 (39:3 Md. R. 258) Regulation .09A amended effective February 20, 2012 (39:3 Md. R. 258) Regulation .12A,C amended effective November 19, 2007 (34:23 Md. R. 2025) Regulation .14A, B amended effective February 20, 2012 (39:3 Md. R. 258) Regulation .15B,C amended effective November 19, 2007 (34:23 Md. R. 2025) Regulation .17 amended effective November 19, 2007 (34:23 Md. R. 2025) Regulation .18 amended effective November 19, 2007 (34:23 Md. R. 2025) Regulation .19 amended effective June 19, 2006 (33:12 Md. R. 997); November 19, 2007 (34:23 Md. R. 2025); December 27, 2010 (37:26 Md. R. 1786) Regulation .19C amended effective September 22, 2008 (35:19 Md. R. 1716); February 20, 2012 (39:3 Md. R. 258) Regulation .20B amended effective February 20, 2012 (39:3 Md. R. 258) Regulation .21A amended effective February 20, 2012 (39:3 Md. R. 258) Regulations .01—.23 repealed and new Regulations .01—.24 adopted effective June 19, 2017 (44:12 Md. R. 586) Regulation .02B amended effective September 7, 2020 (47:18 Md. R. 824); October 13, 2025 (52:19 Md. 1000) Regulation .03C amended effective October 13, 2025 (52:19 Md. R. 1000) Regulation .06H, J amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .08C amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .09C amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .10C, E amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .11 amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .11A amended effective October 13, 2025 (52:19 Md. R. 1000) Regulation .12A amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .13B amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .14 amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .17B amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .21 amended effective September 7, 2020 (47:18 Md. R. 824) Regulation .23A, B amended effective September 7, 2020 (47:18 Md. R. 824)