Md. Code Regs. 07.02.07.21

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

Section 07.02.07.21 - Confidentiality-CPS Responses to Child Abuse or Neglect

A. Except as otherwise provided in Family Law Article, Title 5, Subtitle 7, and Human Services Article, §§ 1-201 -1-203, Annotated Code of Maryland, and §§B-D of this regulation:

(1) Records and reports, including the information in the records or reports, concerning child abuse or neglect and the information contained in them are confidential; and

(2) The unauthorized disclosure of records and reports concerning child abuse or neglect and the information contained in them is a criminal offense subject to the penalty set out in Human Services Article, § 1-202(e), Annotated Code of Maryland.

B. A local department shall disclose a record or report, or information in a record or report, concerning a CPS response:

(1) To a court:

(a) Ruling on a request for shelter care, foster care, or a protective order;

(b) Ruling in a CINA case or on a petition for guardianship with a right to consent to adoption of the child; or

(c) Ordering disclosure;

(2) Under an order of an administrative law judge if:

(a) A record or report concerns a case pending before the Office of Administrative Hearings; and

(b) Provision is made to comply with other State or federal confidentiality laws;

(3) To the State Council on Child Abuse and Neglect, the State Citizens' Review Board of Children, or their designees, or a child fatality review team, as necessary to carry out their official functions;

(4) On written request, to the Baltimore City Health Department's Office of Youth Violence Prevention if the record or report:

(a) Is relevant to the provision of the treatment or care of an alleged victim;

(b) Concerns a child convicted of a crime or adjudicated delinquent for an act that caused a fatality or near fatality; or

(c) Concerns a child victim of a crime of violence, as defined in Criminal Law Article, § 14-101, Annotated Code of Maryland, residing in Baltimore City, and is requested for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City;

(5) To the Division of Parole and Probation in the Department of Public Safety and Correctional Services if, as a result of a report of suspected child abuse or neglect, the local department has reason to believe that an individual who lives with or is in the regular presence of a child is registered under Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland, as a result of committing a sexual crime against a child;

(6) To a health care practitioner, or agency, institution, or program treating or caring for an alleged victim if the information or record is relevant to the treatment or care limited to the following:

(a) Information regarding the alleged victim's condition and well-being;

(b) Information regarding the alleged victim's medical and mental health and developmental needs;

(c) The name of health care practitioners identified in the record who have treated or cared for the alleged victim; and

(d) Other information that the local department determines may be useful including:

(i) The status of immunizations;

(ii) Current medications; or

(iii) The names of any individuals whose legal access to the alleged victim has been restricted; and

(7) Upon request, to the State Medical Director for Children Receiving Child Welfare Services and all personnel under the direct supervision of State Medical Director as necessary to execute the duties of the position.

C. In response to a written request pursuant to Human Services Article, § 1-203, Annotated Code of Maryland, concerning an alleged victim who has suffered a fatality or near fatality:

(1) The Secretary of the Department or the director of a local department, or their designees, shall consult with the State's Attorney in the jurisdiction where the fatality or near fatality occurred to determine whether release of information pursuant to §C(3) of this regulation would jeopardize or prejudice a criminal investigation or prosecution;

(2) If the State's Attorney concludes that:

(a) Release of information pursuant to §C(3) of this regulation will jeopardize or prejudice a criminal investigation or prosecution, the State's Attorney shall promptly advise the Department or local department and, within 10 days of the conclusion of the investigation or prosecution, advise the Department or local department that information may be released; or

(b) Release of information pursuant to §C(3) of this regulation will not jeopardize or prejudice a criminal investigation prosecution, the State's Attorney shall promptly advise the Department or local department;

(3) Within 30 days of receiving notice pursuant to §C(2)(b) of this regulation or being advised that an ongoing investigation or prosecution has concluded, the Secretary of the Department and the director of the local department, or their designees, shall release the following information if it reasonably relates to the actions or omissions of the Department or local department:

(a) The name of a child who suffered a fatality;

(b) The dates of CPS responses involving the alleged victim including the date of the report of the fatality or near fatality;

(c) The final determination in a current or prior investigation involving the alleged victim;

(d) The number and type of services or service referrals provided to the alleged maltreator, the alleged victim, or household or family members of the alleged victim;

(e) CINA adjudications of the alleged victim, the alleged victim's siblings, children in the alleged victim's household or family, and children in the care of the alleged maltreator;

(f) The status of any CPS response involving the alleged victim that was open at the time of the fatality or near fatality;

(g) A summary of the facts, including the date of the fatality or near fatality;

(h) The cause of a fatality as reported by the medical examiner; and

(i) Other information concerning the circumstances of the fatality or near fatality as determined by the Secretary of the Department or the director of the local department to be consistent with the public interest, which includes consideration of the welfare of the alleged victim, the alleged victim's family or household members, and the alleged maltreator; and

(4) The following information may not be disclosed:

(a) The name of an alleged victim who sustained a near fatality;

(b) The names of an alleged victim's sibling, parent, household or family member, an individual legally responsible for the alleged victim, and the alleged maltreator;

(c) A medical report other than a medical examiner's report regarding the cause of a fatality; and

(d) A file related to the alleged victim.

D. If it furthers a purpose of the specific exception to confidentiality, a local department may disclose, at its discretion, a record or report, or information in a record or report, concerning a CPS response to:

(1) Local or state departments of social services, law enforcement, and members of multidisciplinary case consultation teams, investigating a report of suspected child abuse or neglect or providing services to an alleged victim or an alleged victim's family;

(2) Local or state officials administering child protective services, juvenile services, child care, foster care, or adoption, including related licensing, approval, and compliance with regulations, as necessary to carry out their official functions;

(3) A licensed practitioner, agency, institution, or program providing treatment or care to an alleged victim;

(4) An individual identified as responsible for alleged child abuse or neglect if the individual is responsible for the alleged victim 's welfare;

(5) An alleged victim's parent or caregiver;

(6) The appropriate public school superintendent or principal, or equivalent employee of a nonpublic school holding a State certificate of approval or registration with the Maryland State Department of Education, or a nonpublic school under the jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the Archdiocese of Washington, or the Catholic Diocese of Wilmington, for the purpose of carrying out appropriate personnel or administrative actions following a report of suspected child abuse involving a student committed by:

(a) An employee in that school or school system;

(b) An independent contractor who supervises or works directly with students in that school or school system; or

(c) An employee of an independent contractor, including a bus driver or bus assistant, who supervises or works directly with students in that school or school system;

(7) The president of a Maryland public institution of higher education, as defined in Education Article, Title 10, Subtitle 1, Annotated Code of Maryland, or the Chancellor of the University System of Maryland to carry out appropriate personnel or administrative actions following a report of child abuse committed by:

(a) An employee of the institution who has on-campus contact with children; or

(b) A contractor, employee of a contractor or volunteer who has on-campus contact with children at the institution; and

(8) The Office of Child Care:

(a) For disclosure to an operator of a child care center that is required to be licensed or to hold a letter of compliance under Family Law Article, Title 5, Subtitle 5, Part VII, Annotated Code of Maryland, or to a family day care provider who is required to be registered under Family Law Article, Title 5, Subtitle 5, Part V, Annotated Code of Maryland, for the purpose of:

(i) Determining the suitability of an individual for employment in a child care center or family day care home; or

(ii) Carrying out appropriate personnel actions following a report of suspected child abuse or neglect when the alleged maltreator is an employee of a child care center or family day care home and, the alleged victim was under the care of the child care center or family day care provider at the time of the alleged maltreatment; or

(b) For use in any administrative or judicial enforcement proceedings.

(9) A qualified addictions specialist as defined in Family Law Article, Title 5, Subtitle 12, Annotated Code of Maryland;

(10) The Juvenile Justice Monitoring Unit of the Office of the Attorney General; or

(11) A licensed practitioner of a hospital or birthing center for the purpose of making discharge decisions concerning a child when, based on the practitioner's observation or knowledge of the behavior of the child's parents or immediate family members, the practitioner has reason to believe that the child will be in danger after discharge limited to:

(a) A statement as to whether either parent of the child under the practitioner's care has been found responsible for indicated child abuse or neglect; and

(b) A statement as to whether either parent of the child under the practitioner's care has an open CPS response.

E. With any record or report disclosed to a person other than a mandated reporter pursuant to §D of this regulation, the local department shall provide written notice that redisclosure is subject to the requirements and penalties of Human Services Article, § 1-202, Annotated Code of Maryland.

F. Disclosure by Consent.

(1) Waiver.

(a) A local department may disclose a record or report, or information in a record or report, concerning a CPS response if all individuals with a privacy interest in the records or information have waived their confidentiality interest in accordance with COMAR 07.01.07.05.

(b) A parent, guardian, or custodian may waive a child's right to confidentiality for purposes of §F(1)(a) of this regulation only if the parent, guardian or custodian is not alleged to have abused or neglected the child.

(2) Employment Background Checks-Indicated Finding.

(a) If an individual requires a background check for the purposes of working or volunteering with children, a local department may notify a designated person whether the individual has been identified in a final determination as responsible for indicated child abuse or neglect if the local department receives on a form developed by the Administration:

(i) A notarized request from the individual needing the background check stating that the individual will be or is working or volunteering with children;

(ii) A request signed by the individual needing the background check with a verification of that individual's identity by the person designated to receive the results of the background check stating that the individual will be or is working or volunteering with children; or

(iii) Other reliable verification of the individual's identity from a source approved by the Administration and a statement by the individual needing the background clearance that the individual will be or is working or volunteering with children.

(b) With the request under §F(2)(a) of this regulation or by a subsequent request meeting the requirements of §F(2)(a) of this regulation, after a local department has notified a designated party that an individual has been found responsible for indicated child abuse or neglect, the individual may authorize the local department to release to the designated person a brief written summary of the facts resulting in the indicated.

(c) In responding to a request pursuant to §F(2) (a) and (b) of this regulation, the local department may not:

(i) Identify an individual other than the requestor who was involved in the indicated maltreatment;

(ii) Disclose information about an individual who has not been identified as responsible for indicated child abuse or neglect in a centralized confidential database;

(iii) Disclose information about a finding that is not the subject of a final determination.

(d) When a local department receives a request pursuant to §F(2)(a) concerning an individual with a finding of indicated child abuse or neglect who has not been offered an opportunity to request a contested case hearing, the local department shall:

(i) Provide the individual with appeal rights pursuant to Family Law Article, § 5-706.1, Annotated Code of Maryland; and

(ii) Wait for a final determination before responding to the request for information.

(3) Alternative Response Records. The local department may not use or disclose records and reports, including information in those records and reports, related to an alternative response to respond to a request made pursuant to §F(2)(a) and (b) of this regulation.

G. Disclosures in a Child's Best Interest. Except as provided in §B of this regulation, when making the decision to disclose records or reports, or information in those records and reports in accordance with this regulation, the local department:

(1) Shall consider whether disclosure is in the best interests of children identified in the record; and

(2) May withhold information if disclosure is contrary to a child's best interest.

H. Identification of Reporting Source.

(1) In making a disclosure under this regulation, a local department shall protect the identity of the reporter and of an individual whose life or safety is likely to be endangered by disclosure.

(2) The local department shall not disclose the identity of the individual who reported suspected child abuse or neglect unless:

(a) The reporter is a mandated reporter who has given written permission to the local department to make the disclosure; or

(b) In a court proceeding:

(i) The court has unequivocally ordered the local department to disclose the identity of the reporter;

(ii) The local department has advised the court if it believes that the disclosure of the identity of the reporter is not necessary for a determination of an issue before the court; and

(iii) The local department has requested that disclosure of the identification of the reporter be confined to the parties and not further disclosed.

I. The Department may publicize or distribute demographic and statistical data for research purposes if the data does not identify particular individuals or cases.

Md. Code Regs. 07.02.07.21

Regulations .21 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .21A amended effective February 20, 2012 (39:3 Md. R. 258); adopted effective 44:12 Md. R. 586, eff. 6/19/2017; amended effective 47:18 Md. R. 824, eff. 9/7/2020