In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandonment” means wrongful and continuous absence by a: Spouse from the home for a period of 18 months or longer, immediately before the recipient of services' hospitalization; or 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. “Abuse” or “physical abuse” means: The sustaining of physical injury; Cruel or inhumane treatment; A malicious act or treatment; or Harm, or threatened harm, to the health or welfare of the individual. “Crime of violence” means: Abduction; Arson; Burglary; Daytime housebreaking; Kidnapping; Manslaughter, except involuntary manslaughter; Assault in the first degree; Murder; Rape; Robbery; Robbery with a deadly weapon; Sexual offense in the first degree; Sexual offense in the second degree; Use of a handgun in the commission of a felony or other crime of violence; An attempt to commit any one of the following offenses: Assault with intent to murder; Assault with intent to rape; Assault with intent to rob; Assault with intent to commit a sexual offense in the first degree; and Assault with intent to commit a sexual offense in the second degree. “Minority” means the period of time when a child is 17 years old or younger. “Recipient of services”: 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; Includes, but is not limited to, an individual in a: Public facility under the Maryland Mental Law, Health-General Article, Title 10, Annotated Code of Maryland; Facility or Veteran's Administration hospital for comprehensive evaluation under Health-General Article, Title 7, Annotated Code of Maryland; 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 Facility operated by the Office of Chronic and Rehabilitation Facilities. “Responsible relative” means the: Spouse of a recipient of services; Parents of a recipient of services who is a minor; and Children of a recipient of services. “Sexual abuse”: Means an act that involves sexual molestation or exploitation of a person by another person; Includes, but is not limited to: Incest, rape, or sexual offenses in any degree, Sodomy, and Unnatural or perverted sexual practices. It is the policy of the Maryland Department of Health, in accordance with: 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; 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: Abuse or physical abuse; Crime of violence; or Sexual abuse. 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. Acceptable evidence for abuse and crimes of violence includes, but is not limited to: Police reports; or Medical records, or medical statements prepared by a physician, physician's assistant, or nurse. Acceptable evidence for abandonment includes, but is not limited to, affidavits from disinterested parties of the facts surrounding the abandonment. Health-General Article, §16-203, Annotated Code of Maryland Effective date: July 1, 1971 Regulations .01, .02B, and .03A amended effective May 5, 1986 (13:9 Md. R. 1028) Regulation .03C repealed effective May 5, 1986 (13:9 Md. R. 1028) Chapter repealed effective June 27, 1988 (15:13 Md. R. 1552) 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) Regulation .01 amended effective January 17, 2005 (32:1 Md. R. 27)