Md. Code Regs. 07.02.07.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.02.07.04 - Reporting Child Abuse or Neglect

A. Individuals who are not mandated reporters and have reason to believe that a child has been abused or neglected shall immediately notify a local law enforcement agency or a local department by any available means.

B. A mandated reporter shall report suspected child abuse or neglect that occurred in Maryland:

(1) By oral report immediately after the contact or event that revealed the suspected child abuse or neglect to the local department or law enforcement agency in the jurisdiction where the suspected child abuse or neglect occurred; and

(2) By written report within 48 hours of the contact or event that revealed the suspected child abuse or neglect to the local department and the State's Attorney's Office in the jurisdiction where the suspected child abuse or neglect occurred.

C. A mandated reporter shall report suspected child abuse or neglect that occurred outside of Maryland to any local department in accordance with Family Law Article, § 5-705.1, Annotated Code of Maryland.

D. Upon request, a local department shall provide a mandated reporter with a supply of forms created by the Administration that the mandated reporter may use in making a written report.

E. An employee of a local department shall immediately forward any report of suspected child abuse or neglect received in the course of employment, however communicated, to CPS to screen the report.

F. A reporter shall include in a report of suspected child abuse or neglect as much of the following information that is available:

(1) The names and home addresses of the alleged victim, the alleged victim's parents, and any other individual responsible for the alleged victim's care;

(2) The present location of the alleged victim;

(3) The alleged victim's age;

(4) The names and ages of other children in the alleged victim 's home or in the care of the alleged maltreator;

(5) The specific nature and extent of injury, sexual conduct, or failure to provide proper care and attention;

(6) Previous child abuse or neglect of the alleged victim or by the alleged maltreator;

(7) Other information that might be of assistance to the local department in determining:

(a) The cause of injury or of a failure to provide proper care and attention;

(b) The identity of individuals responsible for the alleged child abuse or neglect; and

(c) The safety of the alleged victim and risk of future maltreatment; and

(8) In the case of suspected child abuse or neglect involving a mental injury:

(a) A description of the substantial impairment of the child's mental or psychological ability to function;

(b) An explanation of why the reporter believes the mental injury is attributable to maltreatment;

(c) Any observations or knowledge about the intent or recklessness of the alleged maltreator in causing a mental injury.

G. The failure or inability of a reporter to provide the information in §F of this regulation will not be grounds for screening out the report unless the information provided is insufficient to allow the local department to locate or identify the alleged victim.

H. An individual is not required to report suspected child abuse or neglect in violation of:

(1) The attorney-client privilege under Courts and Judicial Proceedings Article, § 9-108, Annotated Code of Maryland including communications:

(a) In confidence by a client to the client's attorney, relating to the representation of the client, or

(b) That would violate a constitutional right to assistance of counsel; or

(2) The privilege in Courts and Judicial Proceedings Article, § 9-111, Annotated Code of Maryland, pertaining to communications to a minister of the gospel, clergyman, priest, or rabbi of an established religion received in a professional capacity under circumstances where the professional is bound to maintain the confidentiality of that communication under canon law, religious doctrine, or practice.

Md. Code Regs. 07.02.07.04

Regulations .04 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .04A, B amended effective February 20, 2012 (39:3 Md. R. 258); adopted effective 44:12 Md. R. 586, eff. 6/19/2017