Md. Code Regs. 07.02.07.07

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

Section 07.02.07.07 - Investigation of Suspected Child Abase and Neglect - General

A. During an investigation, the local department shall:

(1) Assess the immediate safety and risk of maltreatment of the alleged victim and of the children who are household or family members of the alleged victim or in the care or custody of the alleged maltreator;

(2) Determine if the alleged child abuse or neglect or any other child abuse or neglect is indicated, unsubstantiated, or ruled out;

(3) Determine what services, if any, are appropriate and make referrals as necessary;

(4) Initiate shelter care, CINA proceeding, or voluntary placement as appropriate; and

(5) If possible, determine the identity of a maltreator.

B. If necessary, the local department shall obtain information from the reporting source, parents, other relatives, community members, and other appropriate community resources including schools, hospitals, clinics, or law enforcement agencies.

C. If the local department is denied entry to a child care center or family day care home to conduct an on-site investigation, the local department shall contact the Office of Child Care's regional manager in an attempt to gain entry under COMAR 13A.15.07 and 13A.16.07.

D. Initial Interviews.

(1) Before an initial interview with an adult, the local department representative shall present identification.

(2) Before an initial interview with a child, the local department representative shall provide identification in a manner appropriate to the child's developmental level.

(3) During an initial interview with the alleged maltreator, the local department representative shall advise the alleged maltreator of:

(a) The nature of the alleged child abuse or neglect; and

(b) The local department's investigation process.

E. Danger to a Child.

(1) If the local department considers an alleged victim to be in danger of immediate harm or injury, the local department shall:

(a) Make the least disruptive and least traumatic arrangements necessary for the child's protection and care including but not limited to:

(i) Agreeing that the alleged victim may stay with a relative; or

(ii) Encouraging the family to seek a protective order to limit the alleged maltreator's access to the alleged victim; and

(b) If in the best interest of the safety and protection of the alleged victim, remove the child from the home with or without the consent of the parent, guardian, or custodian and:

(i) Obtain court authorization for shelter care, if possible, before removal or as soon afterward as possible under Courts and Judicial Proceedings Article, § 3-815, Annotated Code of Maryland; and

(ii) Notify the child's parents, guardians, or custodian of scheduled hearings.

(2) If the local department is denied access to an alleged victim and has reason to believe the child is in serious immediate danger, the local department shall request the assistance of a law enforcement officer, who may use reasonable force to gain access to and ensure the protection and safety of the child.

(3) If the local department is denied access to a child for purposes of conducting an interview or making an assessment necessary to determine if the child is in serious danger, the local department may seek a court order directing that the child be made available for an interview or assessment.

F. Physical Examination of a Child.

(1) If a local department takes an alleged victim into custody without parental consent or before court approval, the local department shall have the child examined to:

(a) Relieve any urgent illness or life-threatening health condition; and

(b) Determine the nature or extent of any child abuse or neglect.

(2) The local department shall attempt to obtain the consent of the parent, guardian, or custodian of the child for an examination.

(3) A licensed physician or an individual under the control or supervision of a licensed physician may examine and provide emergency treatment for a child without parental consent if the local department or law enforcement officer states a belief that a child has been abused or neglected.

(4) If an alleged victim is examined or treated under this regulation:

(a) The local department shall:

(i) Attempt to obtain information regarding health care insurance coverage available to the child, including medical assistance; and

(ii) If necessary, secure medical assistance for an eligible child examined or treated under the emergency conditions.

(b) The Department of Health and Mental Hygiene shall pay all reasonable physician or health care institution charges not covered by other resources; and

(c) The child's parent, guardian, or custodian shall repay the Department of Health and Mental Hygiene for examinations or treatment.

G. The local department or, if warranted, law enforcement shall notify the State's Attorney's office of any preliminary findings in a child abuse investigation within ten days of receipt of the report of suspected child abuse.

Md. Code Regs. 07.02.07.07

Regulation .07B adopted effective May 2, 1980 (7:9 Md. R. 843)
Regulations .07, adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1547)
Regulations .07 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .07 amended effective August 14, 1995 (22:16 Md. R. 1219)
Regulation .07A amended effective November 19, 2007 (34:23 Md. R. 2025)
Regulation .07C amended effective February 20, 2012 (39:3 Md. R. 258); adopted effective 44:12 Md. R. 586, eff. 6/19/2017