Chapter 02. Abandonment or Abuse of Responsible Relatives by Recipients of Care
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abandonment” means wrongful and continuous absence by a:
(a)
Spouse from the home for a period of 18 months or longer, immediately before the recipient of services' hospitalization; or
(b)
Parent coupled with failure to support a child, or children, for a period of 18 months or more during the child's or children's minority.
(2)
“Abuse” or “physical abuse” means:
(a)
The sustaining of physical injury;
(b)
Cruel or inhumane treatment;
(c)
A malicious act or treatment; or
(d)
Harm, or threatened harm, to the health or welfare of the individual.
(3)
“Crime of violence” means:
(a)
Abduction;
(b)
Arson;
(c)
Burglary;
(d)
Daytime housebreaking;
(e)
Kidnapping;
(f)
Manslaughter, except involuntary manslaughter;
(g)
Assault in the first degree;
(h)
Murder;
(i)
Rape;
(j)
Robbery;
(k)
Robbery with a deadly weapon;
(l)
Sexual offense in the first degree;
(m)
Sexual offense in the second degree;
(n)
Use of a handgun in the commission of a felony or other crime of violence;
(o)
An attempt to commit any one of the following offenses:
(i)
Assault with intent to murder;
(ii)
Assault with intent to rape;
(iii)
Assault with intent to rob;
(iv)
Assault with intent to commit a sexual offense in the first degree; and
(v)
Assault with intent to commit a sexual offense in the second degree.
(4)
“Minority” means the period of time when a child is 17 years old or younger.
(5)
“Recipient of services”:
(a)
Means an individual who receives care, maintenance, treatment, or support in a facility or program that is operated or funded wholly or partly by the Department;
(b)
Includes, but is not limited to, an individual in a:
(i)
Public facility under the Maryland Mental Law, Health-General Article, Title 10, Annotated Code of Maryland;
(ii)
Facility or Veteran's Administration hospital for comprehensive evaluation under Health-General Article, Title 7, Annotated Code of Maryland;
(iii)
Residential, public facility, or a facility from which the State obtains residential care under the Maryland Developmental Disabilities Law, Health-General Article, Title 7, Annotated Code of Maryland; and
(iv)
Facility operated by the Office of Chronic and Rehabilitation Facilities.
(6)
“Responsible relative” means the:
(a)
Spouse of a recipient of services;
(b)
Parents of a recipient of services who is a minor; and
(c)
Children of a recipient of services.
(7)
“Sexual abuse”:
(a)
Means an act that involves sexual molestation or exploitation of a person by another person;
(b)
Includes, but is not limited to:
(i)
Incest, rape, or sexual offenses in any degree,
(ii)
Sodomy, and
(iii)
Unnatural or perverted sexual practices.
Regulation .02 Scope.LinkCopy Citation
It is the policy of the Maryland Department of Health, in accordance with:
A.
Health-General Article, §16-203(a)(3), Annotated Code of Maryland, to excuse a legally responsible relative from contributing to the cost of in-patient care of a recipient of services if that legally responsible relative has been abandoned by the recipient of services;
B.
Health-General Article, §16-203(a)(4), Annotated Code of Maryland, to excuse all legally responsible relatives from contributing to the cost of in-patient care of a recipient of services if that recipient of services has committed any of the following actions in relation to any legally responsible relative:
(1)
Abuse or physical abuse;
(2)
Crime of violence; or
(3)
Sexual abuse.
Regulation .03 Burden of Proof.LinkCopy Citation
A.
A responsible relative claiming to have been abused, sexually abused, abandoned, or subjected to a crime of violence by the recipient of services shall have the burden of establishing to the satisfaction of the Department by a preponderance of the evidence that the legally responsible relative was abandoned, abused, sexually abused, or subjected to a crime of violence by the recipient of services.
B.
Acceptable evidence for abuse and crimes of violence includes, but is not limited to:
(1)
Police reports; or
(2)
Medical records, or medical statements prepared by a physician, physician's assistant, or nurse.
C.
Acceptable evidence for abandonment includes, but is not limited to, affidavits from disinterested parties of the facts surrounding the abandonment.
Chapter annotations
Authority: Health-General Article, §16-203, Annotated Code of Maryland
History: Effective date: July 1, 1971
History: Regulations .01, .02B, and .03A amended effective May 5, 1986 (13:9 Md. R. 1028)
History: Regulation .03C repealed effective May 5, 1986 (13:9 Md. R. 1028)
History: Chapter repealed effective June 27, 1988 (15:13 Md. R. 1552)
History: Regulations .01—.03 under a new chapter, Abandonment or Abuse of Responsible Relatives by Recipients of Care, adopted effective June 27, 1988 (15:13 Md. R. 1552)
History: Regulation .01 amended effective January 17, 2005 (32:1 Md. R. 27)