reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-609 - Applicability of Compact

This compact shall not apply to:
(1)    the sending or bringing of a child into a receiving state by the child’s parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or guardian and leaving the child with any such relative or non-agency guardian in the receiving state.
(2)    any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-610 - Joinder by Other Jurisdiction; Withdrawal From Compact

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 6 - Interstate Compact on the Placement of Children › Section 5-611 - Liberal Construction; Severability

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
2023 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 or neglect;
(4)    causing immediate, cooperative efforts by the responsible agencies on behalf of children who have been the subject of reports of abuse or neglect; and
(5)    requiring each local department to give the appropriate service in the best interest of the abused or neglected child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 State; and
(2)    suspected abuse or neglect of a child who lives in this State, regardless of where the suspected abuse or neglect is alleged to have occurred.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 who has reason to believe that a child has been subjected to abuse or neglect:
(1)    shall notify the local department or the appropriate law enforcement agency; and
(2)    if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to the head of the institution or the designee of the head.
(b)    (1)    An individual who notifies the appropriate authorities under subsection (a) of this section shall make:
(i)    an oral report, by telephone or direct communication, as soon as possible to the local department or appropriate law enforcement agency; and
(ii)    a written report:
1.    to the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and
2.    with a copy to the local State’s Attorney.
(2)    (i)    An agency to which an oral report of suspected abuse or neglect is made under paragraph (1) of this subsection shall immediately notify the other agency.
(ii)    This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.
(c)    Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:
(1)    the name, age, and home address of the child;
(2)    the name and home address of the child’s parent or other person who is responsible for the child’s care;
(3)    the whereabouts of the child;
(4)    the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and
(5)    any other information that would help to determine:
(i)    the cause of the suspected abuse or neglect; and
(ii)    the identity of any individual responsible for the abuse or neglect.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-704.1 - Reporting of Children Living With or in Regular Presence of Registered Child Sex Offender

(a)    An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child’s parent or guardian, who:
(1)    is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child; and
(2)    based on additional information, poses a substantial risk of sexual abuse to the child.
(b)    (1)    A report under subsection (a) of this section may be oral or in writing.
(2)    If acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, an individual who notifies the appropriate authorities under subsection (a) of this section immediately shall notify and give all of the information required by this section to the head of the institution or the designee of the head of the institution.
(c)    To the extent reasonably possible, an individual who makes a report under this section shall include in the report the following information:
(1)    the name, age, and home address of the child;
(2)    the name and home address of the child’s parent or other person who is responsible for the child’s care;
(3)    the whereabouts of the child;
(4)    the nature and extent of the substantial risk of sexual abuse of the child, including any evidence or information available to the reporter concerning possible previous instances of sexual abuse; and
(5)    any other information that would help to determine:
(i)    the cause of the substantial risk of sexual abuse; and
(ii)    the identity of any individual responsible for the substantial risk of sexual abuse.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 a resident for services.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 neglect shall notify the local department or the appropriate law enforcement agency.
(2)    A person is not required to provide notice under paragraph (1) of this subsection:
(i)    in violation of the privilege described under § 9–108 of the Courts Article;
(ii)    if the notice would disclose matter communicated in confidence by a client to the client’s attorney or other information relating to the representation of the client; or
(iii)    in violation of any constitutional right to assistance of counsel.
(3)    A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (1) of this subsection if the notice would disclose matter in relation to any communication described in § 9–111 of the Courts Article and:
(i)    the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and
(ii)    the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
(b)    (1)    An agency to which a report of suspected abuse or neglect is made under subsection (a) of this section shall immediately notify the other agency.
(2)    This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.
(c)    A report made under subsection (a) of this section may be oral or in writing.
(d)    (1)    To the extent possible, a report made under subsection (a) of this section shall include the information required by § 5–704(c) of this subtitle.
(2)    A report made under subsection (a) of this section shall be regarded as a report within the provisions of this subtitle, whether or not the report contains all of the information required by § 5–704(c) of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 of this subtitle;
(2)      the provisions relating to the confidentiality of reports specified in § 5-707(a)(1) and (2) of this subtitle; and
(3)      the provisions relating to immunity from civil liability or criminal penalty specified in § 5-708 of this subtitle.
(c)      (1)      If suspected abuse or neglect is alleged to have occurred outside of this State and the victim is currently a child who lives outside of this State, a person who would be required to report suspected abuse or neglect under the provisions of § 5-704 or § 5-705 of this subtitle shall report the suspected abuse or neglect to any local department in accordance with paragraph (2) of this subsection.
(2)      A person described in § 5-704 of this subtitle shall make:
(i)      an oral report, by telephone or direct communication, as soon as possible; and
(ii)      a written report not later than 48 hours after the contact, examination, attention, or treatment that caused the person to believe that the child had been subjected to abuse or neglect.
(3)      A person described in § 5-705 of this subtitle shall make an oral or a written report.
(4)      To the extent possible, a report under this subsection shall include the information specified in § 5-704(c) of this subtitle.
(d)      Promptly after receiving a report of suspected abuse or neglect under this section, the local department shall forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-705.2 - Preventing or Interfering With Report of Suspected Child Abuse or Neglect Prohibited

(a)    An individual may not intentionally prevent or interfere with the making of a report of suspected abuse or neglect required by § 5–704 or § 5–705.1(c)(2) of this subtitle.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-705.3 - Notifications Where Report Concerns Family Child Care Home, Large Family Child Care Home, or Child Care Center

In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5–704 or § 5–705 of this subtitle shall notify the State Superintendent of Schools’ designee within 48 hours if the report concerns:
(1)    a family child care home or large family child care home; or
(2)    a child care center.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 the Health Occupations Article if the person is a health practitioner;
(2)    file a complaint with the appropriate law enforcement agency if the person is a police officer; or
(3)    file a complaint with the county board of education or the appropriate agency, institution, or licensed facility at which the person is employed if the person is an educator or a human service worker.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 Advocacy Program at the local military installation.
(c)    A memorandum of understanding under this section shall establish procedures and protocols for:
(1)    identifying an individual alleged to have committed abuse or neglect as military personnel;
(2)    reporting by a local department to a military family advocacy program when an investigation implicating military personnel has been initiated; and
(3)    maintaining confidentiality requirements under State and federal law.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 adopt regulations governing:
(i)    how staff in a local department should elicit information when receiving a report under § 5–704.1 of this subtitle; and
(ii)    the definition of substantial risk of sexual abuse as used in this subtitle.
(b)    (1)    Except as provided in paragraph (3) of this subsection, after confirming that the allegations in the report regarding the individual’s history are accurate and that there is specific information that the child is at substantial risk of sexual abuse, the local department shall make a thorough investigation to protect the health, safety, and welfare of any child or children who may be at substantial risk of sexual abuse.
(2)    The local department shall conduct the investigation jointly with an appropriate law enforcement agency.
(3)    If a subsequent report is received regarding an individual with a history of sexual abuse that alleges substantially the same facts as a report that the local department has previously investigated, the local department may decline to make an investigation of the subsequent report.
(c)    Within 5 days after receiving the report, the local department and the appropriate law enforcement agency shall:
(1)    see the child in person;
(2)    attempt to have an on–site interview with the child’s caregiver and the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child;
(3)    decide on the safety and level of risk to the child, wherever the child is, and of other children in the household; and
(4)    decide on the safety and level of risk of other children in the care or custody of the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.
(d)    To the extent possible, an investigation under this section shall be completed as soon as practicable but not later than 30 days after receipt of the report.
(e)    As part of the investigation, the local department shall:
(1)    determine whether the child is safe;
(2)    determine whether sexual abuse of the child has occurred;
(3)    if appropriate, offer services to the family; and
(4)    immediately decide whether to file a petition alleging that the child is in need of assistance.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 300 families.
(b)    An intervention shall be initiated when:
(1)    a child is born drug exposed; and
(2)    medical personnel have determined that the child is at a high risk of abuse or neglect.
(c)    Subject to the provisions of subsections (a) and (b) of this section, the local department of social services and the Maryland Department of Health shall assist the mother of a child who is born drug exposed in:
(1)    obtaining drug treatment; and
(2)    providing supportive services to maintain family unity.
(d)    A CINA petition shall be filed on behalf of a child who is born drug exposed, if:
(1)    the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of drug treatment;
(2)    the mother is unable to provide adequate care for the child; and
(3)    the father is unable to provide adequate care for the child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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, or sexual abuse is indicated, ruled out, or unsubstantiated; and
(4)    procedures for the appeal processes provided in this subtitle.
(b)    (1)    The local department shall expunge a report of suspected abuse or neglect and all assessments and investigative findings:
(i)    within 5 years after the date of referral if the investigation under § 5–706 of this subtitle concludes that the report is unsubstantiated, and no further reports of abuse or neglect are received during the 5 years; and
(ii)    subject to paragraph (2) of this subsection, within 2 years after the date of referral if the report is ruled out, and no further reports of abuse or neglect are received during the 2 years.
(2)    If a report is ruled out, the local department may, on good cause shown, immediately expunge the report and all assessments and investigative findings.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and 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 under § 5–620 of the Courts and Judicial Proceedings Article from civil liability or criminal penalty.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › 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 reasonable force, if necessary, to enable the representative to gain entry.
(c)    The representative may remove the child temporarily, without prior approval by the juvenile court, if the representative believes that the child is in serious, immediate danger.
(d)    If a child is removed from a household under this section, the local department shall have the child thoroughly examined by a physician and a report of this examination shall be included in a report made under § 5–706(j) of this subtitle within the time specified.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-710 - Actions by Local Department and State's Attorney's Office

(a)    Based on its findings and treatment plan, the local department shall render the appropriate services in the best interests of the child, including, when indicated, petitioning the juvenile court on behalf of the child for appropriate relief, including the added protection to the child that either commitment or custody would provide.
(b)    (1)    Promptly after receiving a report from a hospital or health practitioner of suspected neglect related to drug abuse and conducting an appropriate investigation, the local department may:
(i)    file a petition alleging that the child is in need of assistance under Title 3, Subtitle 8 of the Courts Article; and
(ii)    offer the mother admission into a drug treatment program.
(2)    The local department may initiate a judicial proceeding to terminate a mother’s parental rights, if the local department offers the mother admission into a drug treatment program under this subsection within 90 days after the birth of the child and the mother:
(i)    does not accept admission to the program or its equivalent within 45 days after the offer is made;
(ii)    does not accept the recommended level of drug treatment within 45 days after the offer is made; or
(iii)    fails to fully participate in the program or its equivalent.
(c)    If a report has been made to the State’s Attorney’s office under § 5–706(j) of this subtitle and the office is not satisfied with the recommendation of the local department, the office may petition a juvenile court, at the time of the report by the representative, to remove the child, if the State’s Attorney concludes that the child is in serious physical danger and that an emergency exists.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-711 - Access to Child's Medical Records

As needed by the local department as part of its investigation under this subtitle or to provide appropriate services in the best interests of the child who is the subject of a report of child abuse or neglect, upon request, the local department shall receive copies of a child’s medical records from any provider of medical care.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-712.1 - Providing Information to Health Care Practitioners

(a)    In this section, “health care practitioner” has the meaning stated in § 1–301 of the Health Occupations Article.
(b)    If requested by a health care practitioner or another agency, institution, or program providing treatment or care to a child who is the subject of a report of child abuse or neglect for a purpose relevant to the treatment or care being provided, the Department or local department shall provide to the requestor:
(1)    information regarding the condition and well–being of the child;
(2)    information regarding the medical, mental health, and developmental needs of the child;
(3)    the name of any other health care practitioner identified in the record as providing care or treatment to the child; and
(4)    any other relevant information in the record or report.
(c)    In providing information under subsection (b) of this section, the Department or local department may not release information related to the identity of the person who reported the child abuse or neglect.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-713 - Supervision and Monitoring of Household After Child's Return

(a)    If a child is removed from a household under this subtitle or by a juvenile court order, on return of the child to the household by the local department or by the action or order of any court, State’s Attorney’s office, or other law enforcement agency, the local department shall establish proper supervision and monitoring of the household on a regularly scheduled basis of at least once a month for at least 3 months.
(b)    The local department may extend the monitoring period.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-714 - Child Abuse or Neglect Centralized Confidential Database -- in General

(a)    The Social Services Administration may maintain a centralized confidential database of cases reported under this subtitle.
(b)    Each local department shall enter and have access to information in the centralized confidential database related to reports, investigations, and assessments of suspected abuse or neglect.
(c)    The information in the centralized confidential database shall be accessible only to:
(1)    the protective services staff of the Administration;
(2)    the protective services staffs of local departments who are investigating or assessing a report of suspected abuse or neglect; and
(3)    an individual or entity specifically authorized by law to access the information.
(d)    The Department or a local department may identify an individual as responsible for abuse or neglect in the centralized confidential database only if the individual:
(1)    has been found guilty of any criminal charge arising out of the alleged abuse or neglect; or
(2)    has been found responsible for indicated abuse or neglect and has:
(i)    unsuccessfully appealed the finding in accordance with the procedures established under § 5–706.1 of this subtitle; or
(ii)    failed to exercise the individual’s appeal rights within the time frames specified in § 5–706.1 of this subtitle, Title 10, Subtitle 2 of the State Government Article, or the Maryland Rules.
(e)    The centralized confidential database may not contain any information that is required to be expunged under § 5–707 of this subtitle.
(f)    (1)    Unless an individual has been identified as responsible for abuse or neglect in the centralized confidential database in accordance with subsection (d) of this section, information in the centralized confidential database may not be provided in response to any request for background information for employment or voluntary service.
(2)    An official or employee of the Department or a local department who releases information from the centralized confidential database in violation of paragraph (1) of this subsection is subject to the penalty provided in § 1–202(f) of the Human Services Article.
(g)    Notwithstanding any other provision of law, an individual may not be identified as responsible for abuse or neglect in the centralized confidential database solely because:
(1)    a child has been released from a hospital or other facility;
(2)    the child has been diagnosed with a mental disorder or developmental disability; and
(3)    the individual has failed to take the child home due to a reasonable fear for the safety of the child or child’s family.
(h)    The Secretary of Human Services:
(1)    shall adopt regulations necessary to protect the rights of individuals suspected of abuse or neglect; and
(2)    may adopt regulations to implement the provisions of this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7 - Child Abuse and Neglect › Section 5-715 - Disclosure of Identifying Information of Parents Responsible for Child Abuse or Neglect

(a)    (1)    The Executive Director of the Administration shall provide the Secretary of Health with identifying information regarding an individual who, as to any child, has had the individual’s parental rights terminated under § 5–322 or § 5–323 of this title and has been identified as responsible for abuse or neglect in a central registry as described in § 5–714(d) of this subtitle.
(2)    A court shall provide the Secretary of Health with identifying information regarding an individual who has been convicted under Title 2, Subtitle 2 of the Criminal Law Article of the murder, attempted murder, or manslaughter of a child.
(b)    If in accordance with § 4–222 of the Health – General Article, the Secretary provides to the Executive Director birth record information for a child born to an individual whose identifying information has been provided under subsection (a) of this section, the Executive Director shall:
(1)    verify that the parent of the child is the same individual described in subsection (a) of this section; and
(2)    immediately notify the local department in the jurisdiction in which the child resides so that the local department may review its records and provide an assessment of the family and offer services if needed.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7A - State Council on Child Abuse and Neglect › Section 5-7A-02 - Membership

(a)    The Council consists of up to 23 members including:
(1)    one member of the Senate of Maryland appointed by the President of the Senate;
(2)    one member of the House of Delegates appointed by the Speaker of the House;
(3)    a representative of the Department of Human Services, appointed by the Secretary of Human Services;
(4)    a representative of the Maryland Department of Health, appointed by the Secretary of Health;
(5)    a representative of the Maryland State Department of Education, designated by the Superintendent;
(6)    a representative of the Department of Juvenile Services, designated by the Secretary;
(7)    a representative of the Judicial Branch, designated by the Chief Judge of the Maryland Court of Appeals;
(8)    a representative of the State’s Attorneys’ Association, designated by the Association;
(9)    a pediatrician with experience in diagnosing and treating injuries and child abuse and neglect, who shall be appointed by the Governor from a list submitted by the Maryland chapter of the American Academy of Pediatrics;
(10)    members of the general public with interest or expertise in the prevention or treatment of child abuse and neglect who shall be appointed by the Governor and who shall include representatives from professional and advocacy groups, private social service agencies, and the medical, law enforcement, education, and religious communities; and
(11)    at least two individuals who have personal experience with child abuse and neglect within their own families or who have been clients of the child protective services system who shall be appointed by the Governor.
(b)    (1)    The term of a member appointed under subsection (a)(9), (10), or (11) of this section is 3 years.
(2)    An appointed member may serve up to two consecutive 3–year terms.
(3)    In case of a vacancy, the Governor shall appoint a successor for the remainder of the unexpired term.
(c)    All other members of the Council shall continue in office so long as they hold the required qualification and designation specified in subsection (a)(1) through (8) of this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7A - State Council on Child Abuse and Neglect › Section 5-7A-04 - Council Operations

(a)    The Council shall meet not less than once every 3 months.
(b)    Members of the Council shall serve without compensation, but may be reimbursed for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.
(c)    The Council may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7A - State Council on Child Abuse and Neglect › Section 5-7A-05 - Committee

(a)    The Council shall operate with one standing committee.
(b)    The federal Children’s Justice Act Committee is established in accordance with the requirements of the federal Children’s Justice Act, Public Law 100–294. It shall review and evaluate State investigative, administrative, and judicial handling of child abuse and neglect cases, and make policy and training recommendations to improve system response and intervention. The Committee shall include representatives of the State judiciary with criminal and civil trial court docket experience, law enforcement agencies, the Maryland Public Defender’s Office, State’s Attorneys, the Court Appointed Special Advocate (CASA) Program, health and mental health professions, child protective services programs, programs that serve children with disabilities, parent groups, and attorneys who represent children.
(c)    In addition to the Children’s Justice Act Committee, the Council may establish other ad hoc committees as necessary to carry out the work of the Council.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7A - State Council on Child Abuse and Neglect › Section 5-7A-06 - Duties

(a)    In addition to any duties set forth elsewhere, the Council shall, by examining the policies and procedures of State and local agencies and specific cases that the Council considers necessary to perform its duties under this section, evaluate the extent to which State and local agencies are effectively discharging their child protection responsibilities in accordance with:
(1)    the State plan under 42 U.S.C. § 5106a(b);
(2)    the child protection standards set forth in 42 U.S.C. § 5106a(b); and
(3)    any other criteria that the Council considers important to ensure the protection of children, including:
(i)    a review of the extent to which the State child protective services system is coordinated with the foster care and adoption program established under Part E of Title IV of the Social Security Act; and
(ii)    a review of child fatalities and near fatalities.
(b)    The Council may request that a local citizens review panel established under § 5-539.2 of this title conduct a review under this section and report its findings to the Council.
(c)    The Council shall coordinate its activities under this section with the State Citizens Review Board for Children, local citizens review panels, and the child fatality review teams in order to avoid unnecessary duplication of effort.
(d)    The chairperson of the Council may designate members of the Children’s Justice Act Committee as special members of the Council for the purpose of carrying out the duties set forth in this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7A - State Council on Child Abuse and Neglect › Section 5-7A-07 - Protection of Privacy Rules

(a)    The members and staff of the Council:
(1)    may not disclose to any person or government official any identifying information about any specific child protection case about which the Council is provided information; and
(2)    may make public other information unless prohibited by law.
(b)    In addition to any other penalties provided by law, the Secretary of Human Services may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $500 for each violation.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 7A - State Council on Child Abuse and Neglect › Section 5-7A-09 - Annual Reports

(a)    The Council shall report and make recommendations annually to the Governor and the General Assembly on matters relating to the prevention, detection, prosecution, and treatment of child abuse and neglect, including policy and training needs that require the attention and action of the Governor or the General Assembly.
(b)    The Council shall annually prepare and make available to the public a report containing a summary of its activities under § 5-7A-05 of this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 8 - Unattended Children › Section 5-801 - Confinement in Dwelling, Building, Enclosure, or Motor Vehicle

(a)    A person who is charged with the care of a child under the age of 8 years may not allow the child to be locked or confined in a dwelling, building, enclosure, or motor vehicle while the person charged is absent and the dwelling, building, enclosure, or motor vehicle is out of the sight of the person charged unless the person charged provides a reliable person at least 13 years old to remain with the child to protect the child.
(b)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part I - Definitions; Legislative Policy › Section 5-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administration” means the Child Support Administration of the Department.
(c)    “Alleged father” means an individual who is alleged, by himself or by another party, to be the father of a child in a proceeding under this subtitle.
(d)    (1)    “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse.
(2)    “Assisted reproduction” includes:
(i)    intrauterine or intracervical insemination;
(ii)    donation of gametes;
(iii)    donation of embryos;
(iv)    in–vitro fertilization and transfer of embryos; and
(v)    intracytoplasmic sperm injection.
(e)    “Attorney for the Administration” means an attorney who represents the Administration in accordance with § 10–115(c) of this article.
(f)    “Complaint” means a bill or petition in equity filed in a paternity proceeding.
(g)    (1)    “Father” means an individual, regardless of gender, whose sperm fertilizes an ovum, resulting in the birth of a child.
(2)    “Father” does not include a gamete donor, unless:
(i)    the gamete donor and the child’s mother agree in writing that the gamete donor will be a parent of the child; or
(ii)    at the time of the child’s conception, the gamete donor is married to the child’s mother.
(h)    (1)    “Gamete donor” means an individual who provides, with or without consideration, sperm or an ovum intended for use in assisted reproduction.
(2)    “Gamete donor” does not include the mother of a child conceived by means of assisted reproduction using the mother’s ovum.
(i)    “Mother” means an individual, regardless of gender, who gives birth to a child unless parentage is otherwise established.
(j)    “Putative father” means:
(1)    an alleged father of a child who has no parent or presumed parent under Title 1, Subtitle 2 of the Estates and Trusts Article, other than the child’s mother; or
(2)    an alleged father who is presumed to be the parent of a child under § 1–208(c)(1) or (2) of the Estates and Trusts Article.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part I - Definitions; Legislative Policy › Section 5-1002 - Legislative Policy

(a)    The General Assembly finds that:
(1)    this State has a duty to improve the deprived social and economic status of children born out of wedlock; and
(2)    the policies and procedures in this subtitle are socially necessary and desirable.
(b)    The purpose of this subtitle is:
(1)    to promote the general welfare and best interests of children born out of wedlock by securing for them, as nearly as practicable, the same rights to support, care, and education as children born in wedlock;
(2)    to impose on the mothers and fathers of children born out of wedlock the basic obligations and responsibilities of parenthood; and
(3)    to simplify the procedures for determining paternity, custody, guardianship, and responsibility for the support of children born out of wedlock.
(c)    Nothing in this subtitle may be construed to limit the right of a putative father to file a complaint to establish his paternity of a child.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part II - General Provisions › Section 5-1005 - Legitimation Proceedings

(a)    An equity court may determine the legitimacy of a child pursuant to Title 1, Subtitle 2 of the Estates and Trusts Article.
(b)    This section does not limit paternity proceedings under this subtitle except after the legitimation of a child under this section.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part II - General Provisions › Section 5-1006 - Limitations

(a)    Except as otherwise provided in subsection (d) of this section, a proceeding to establish paternity of a child under this subtitle may be begun at any time before the child’s eighteenth birthday.
(b)    A paternity proceeding under this subtitle may be begun during pregnancy.
(c)    A complaint under this subtitle is not barred because the child born out of wedlock was conceived or born outside this State.
(d)    A proceeding to establish paternity of a child who is dependent on a parent because of a mental or physical infirmity may be begun at any time before the child’s twenty–first birthday.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part II - General Provisions › Section 5-1007 - Inconsistent Statutes or Rules

Any rule of court or statute that relates to procedure applies to a proceeding under this subtitle only to the extent that the rule or statute is:
(1)    practical under the circumstances; and
(2)    not inconsistent with this subtitle.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part III - Pleading, Process, and Practice › Section 5-1010 - Complaint

(a)    A complaint need not be in any particular form.
(b)    The complaint shall be written in simple, nontechnical language.
(c)    The complaint shall state the facts on which the complaint is based.
(d)    (1)    Except as otherwise provided in this subsection, a complaint filed under this subtitle shall be supported by the oath of the mother or pregnant woman, whether or not she is a party to the paternity proceeding.
(2)    The complaint may be filed without the oath if the mother or pregnant woman:
(i)    is dead;
(ii)    refuses to file a complaint;
(iii)    refuses to disclose the identity of the father of the child;
(iv)    is mentally or physically incapable of making an oath; or
(v)    refuses to make the oath.
(3)    If the complaint is filed without an oath under paragraph (2) of this subsection:
(i)    the complainant shall verify the fact of the pregnancy or birth; and
(ii)    if the mother or pregnant woman is living, she shall be made a defendant.
(e)    (1)    Except as provided in paragraph (2) of this subsection, the clerk of court may not receive a complaint starting paternity proceedings unless the consent of the attorney for the Administration is attached to the complaint.
(2)    The consent of the attorney for the Administration is not required if, after considering testimony or information given by affidavit, or both, the court:
(i)    finds that the complaint is meritorious; and
(ii)    rules that the consent is not required.
(3)    Except by an order of court for good cause shown, a proceeding under this subtitle may not be dismissed voluntarily without the consent of the attorney for the Administration.
2023 Maryland Statutes › Family Law › Title 5 - Children › Subtitle 10 - Paternity Proceedings › Part III - Pleading, Process, and Practice › Section 5-1011 - Administration as Complainant

(a)    (1)    The Administration may be the complainant in any proceeding under this subtitle in which the Administration is providing child support services under federal law.
(2)    The Administration shall be represented in accordance with § 10-115 of this article.
(b)    For purposes of providing legal representation in a paternity proceeding under this section, the Administration may approve child support services for a person who resides out of state.
(c)    A complainant under this section is not required to prepay court costs.
(d)    If the Attorney General or a qualified lawyer appointed by the Attorney General represents the complainant under § 10-115 of this article, the Attorney General or the lawyer has the same powers granted to the State’s Attorney under this subtitle.