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Home » US Law » 2022 Maryland Statutes » Family Law » Title 5 - Children » Subtitle 7 - Child Abuse and Neglect

Section 5-702 – Legislative Policy

    The purpose of this subtitle is to protect children who have been the subject of abuse or neglect by:         (1)    mandating the reporting of any suspected abuse or neglect;         (2)    giving immunity to any individual who reports, in good faith, a suspected incident of abuse or neglect;         (3)    requiring prompt investigation of each reported suspected incident of abuse […]

Section 5-703 – Scope and Applicability of Subtitle

    (a)    The provisions of this subtitle are in addition to and not in substitution for the provisions of Title 3, Subtitle 8 of the Courts Article.     (b)    Except as otherwise provided in § 5–705.1 of this subtitle, the provisions of this subtitle apply only to:         (1)    suspected abuse or neglect that is alleged to have occurred in this […]

Section 5-704 – Reporting of Abuse or Neglect — by Health Practitioner, Police Officer, Educator, or Human Service Worker

    (a)    Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State:         (1)    who has reason to believe that a child has been subjected to abuse or neglect, shall notify the local department or the appropriate law enforcement […]

Section 5-704.2 – Reporting Substance-Exposed Newborns

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Controlled drug” means a controlled dangerous substance included in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V under Title 5, Subtitle 4 of the Criminal Law Article.         (3)    “Health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article. […]

Section 5-704.3 – Referral of Child Who Is a Suspected Victim of Sex Trafficking

    A local department that receives a report of suspected abuse or neglect under this subtitle involving a child who is a suspected victim of sex trafficking shall refer the child to any appropriate regional navigator, as defined in § 5–704.4 of this subtitle, for the jurisdiction where the trafficking occurred or where the child is […]

Section 5-704.4 – Safe Harbor Regional Navigator Grant Program

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Child advocacy center” has the meaning stated in § 13–2201 of the Health – General Article.         (3)    “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.         (4)    “Qualified community–based victim services provider” means a nonprofit organization with:             (i)    demonstrated expertise […]

Section 5-705 – Reporting of Abuse or Neglect — by Other Persons

    (a)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person in this State other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or […]

Section 5-705.1 – Reporting of Abuse or Neglect — to Local Department of Social Services

    (a)     In this section, “local department” means a department of social services for a county in this State.     (b)     The following provisions of this subtitle shall apply to the reporting of suspected abuse or neglect under this section:         (1)     except as provided in subsection (a) of this section, the definitions set forth in § 5-701 […]

Section 5-705.4 – Failure to Report Suspected Abuse or Neglect

    If an agency participating in an investigation under § 5–706 of this subtitle has substantial grounds to believe that a person has knowingly failed to report suspected abuse or neglect as required by § 5–704 of this subtitle, the agency shall:         (1)    file a complaint with the appropriate licensing board in accordance with the provisions of […]

Section 5-705.5 – Memorandum of Understanding With Military Family Advocacy Program — Procedures and Protocols

    (a)    In this section, “Military Family Advocacy Program” means the program established by the United States Department of Defense to address child abuse and neglect and domestic abuse in military families.     (b)    A local department that has a United States military installation located within its jurisdiction shall enter into a memorandum of understanding with the Military Family […]

Section 5-706 – Investigation

    (a)    (1)    In this section, “alternative response” means a component of the child protective services program that provides for a comprehensive assessment of:             (i)    risk of harm to the child;             (ii)    risk of subsequent child abuse or neglect;             (iii)    family strengths and needs; and             (iv)    the provision of or referral for necessary services.         (2)    “Alternative response” does not include:             (i)    an investigation; or […]

Section 5-706.1 – Finding of Indicated or Unsubstantiated Abuse or Neglect — Notice; Hearing; Conference; Findings Made Prior to June 1, 1999

    (a)    Within 30 days after the completion of an investigation in which there has been a finding of indicated or unsubstantiated abuse or neglect, the local department shall notify in writing the individual alleged to have abused or neglected a child:         (1)    of the finding;         (2)    of the opportunity to appeal the finding in accordance with this section; […]

Section 5-706.2 – Reporting That Child Is at Substantial Risk of Sexual Abuse

    (a)    (1)    A local department or a law enforcement agency may receive a report under § 5–704.1 of this subtitle that a child is at substantial risk of sexual abuse.         (2)    If a law enforcement agency receives the report, the law enforcement agency shall immediately refer the report to the local department.         (3)    The Secretary of Human Services shall […]

Section 5-706.3 – Intervention

    (a)    The Department of Human Services, in cooperation with the Maryland Department of Health, shall develop intervention systems in at least four counties designated by the Secretary of Human Services that:         (1)    include drug treatment for a mother of a child who is born drug exposed and supportive services for the family of the child; and         (2)    serve […]

Section 5-707 – Reports and Records

    (a)    Subject to federal and State law, the Administration shall provide by regulation adopted in accordance with Title 10, Subtitle 1 of the State Government Article:         (1)    procedures for protecting the confidentiality of reports and records made in accordance with this subtitle;         (2)    conditions under which information may be released;         (3)    conditions for determining in cases whether abuse, neglect, […]

Section 5-708 – Immunity of Person Making Report

    Any person who makes or participates in making a report of abuse or neglect under § 5–704, § 5–705, or § 5–705.1 of this subtitle or a report of substantial risk of sexual abuse under § 5–704.1 of this subtitle or participates in an investigation or a resulting judicial proceeding shall have the immunity described […]

Section 5-709 – Temporary Removal of Child From Home Without Court Approval

    (a)    If a representative of a local department is conducting an investigation under this subtitle, the representative may enter the household, if the representative:         (1)    previously has been denied the right of entry; and         (2)    has probable cause to believe that a child is in serious, immediate danger.     (b)    A police officer shall accompany the representative and may use […]