# COMAR Title 07 — Department of Human Services

## Subtitle 02 — Social Services Administration

### Chapter 26 — Child Abuse and Neglect Hearings

#### Regulation .06 Stay Pending Disposition of Criminal Charges.

*COMAR 07.02.26.06*

A. An appellant shall notify OAH of:

  (1) A pending criminal proceeding arising out of the alleged child abuse or neglect; and

  (2) The final resolution of a criminal proceeding arising out of the alleged child abuse or neglect.

B. If a criminal proceeding is pending on charges arising out of the alleged child abuse or neglect, OAH shall stay the hearing until final disposition of the criminal proceeding.

C. If, after final disposition of the criminal proceeding, the appellant is:

  (1) Found guilty of any criminal charges arising out of the alleged child abuse or neglect, including being found guilty and receiving probation before judgment or taking an Alford plea, OAH shall dismiss the appeal; or

  (2) Found not guilty of any criminal charges arising out of the alleged child abuse or neglect or if the charges were  dismissed or put on the stet docket, OAH shall vacate the stay and schedule further proceedings in accordance with this chapter.