2013 Maryland Code
FAMILY LAW
§ 5-539 - State Board -- Powers and duties

§5-539.

(a) The State Board may adopt policies and procedures that:

(1) relate to the functions of the local boards; and

(2) are consistent with the goals set forth in § 5-544 of this subtitle.

(b) The State Board shall:

(1) provide a training program for members of the local boards and local citizens review panels;

(2) review and coordinate the activities of the local boards;

(3) adopt policies and procedures that relate to reports and any other information that is required for any public or private agency or institution;

(4) make recommendations to the Secretary of Human Resources and the General Assembly regarding:

(i) the response of the State to child abuse and neglect; and

(ii) out-of-home care policies, procedures, and practices; and

(5) subject to § 2-1246 of the State Government Article, report to the General Assembly and the Secretary of Human Resources on the first day of each year on the status of children in out-of-home placement in this State.

§ 5-539 - 1. State Board -- Additional responsibilities

(a) Evaluation of State and local agency compliance. -- In addition to any duties set forth elsewhere, the State Board shall, by examining the policies, procedures, and practices of State and local agencies and by reviewing, where appropriate, specific cases, 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 State Board 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) Case reviews. --

(1) Case reviews conducted under subsection (a) of this section shall include questions designed to meet the quality assessment goals for casework services in § 5-1308 of this title.

(2) The State Board shall tabulate and analyze the results of all case reviews conducted under subsection (a) of this section and submit the results and findings for consideration as part of the local department self-assessment process in § 5-1309 of this title.

(3) The State Board shall tabulate and analyze the results of all case reviews, both on a jurisdictional and a statewide basis, and submit the results and findings to the Department on a quarterly basis.

(c) Community forums. -- The State Board shall:

(1) provide for public outreach and comment; and

(2) make available to the public systemic findings and recommendations of the State Board, the local citizen review panel, if any, and the local boards.

(d) Authorization to add members. -- The State Board may:

(1) by a majority vote of its members add up to four members with expertise in the prevention and treatment of child abuse and neglect for the purpose of performing its duties under this section; and

(2) to assist the State Board in its reviews of specific cases, designate:

(i) local teams composed of members of local boards of out-of-home care of children and staff; or

(ii) local citizens review panels established under § 5-539.2 of this subtitle.

(e) Development of protocols. -- In consultation with local citizens review panels and the State Council on Child Abuse and Neglect, the State Board shall develop protocols that govern the scope of activities of local citizens review panels to reflect the provisions of the federal Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101 et seq.).

(f) Coordination of activities. -- The State Board shall coordinate its activities under this section with the State Council on Child Abuse and Neglect, the State Child Fatality Review Team, local citizens review panels, and the local child fatality review teams in order to avoid unnecessary duplication of effort.

(g) Annual reports. --

(1) The State Board shall submit, subject to § 2-1246 of the State Government Article, to the General Assembly and the Secretary of Human Resources on or before January 1 of each year and prepare and make available to the public a report containing a summary of its activities, findings, and recommendations under this section.

(2) The State Board may combine the reports required under paragraph (1) of this subsection and § 5-539 of this subtitle.

(h) Written response to annual report. -- Within 120 days after receiving the report from the State Board under § 5-539 of this subtitle or the report under subsection (g) of this section, the Secretary of Human Resources shall send a written response to the State Board describing the actions to be taken by the Department in response to the recommendations of the State Board.

§ 5-539 - 2. Local citizens review panels

(a) Establishment by local government entities. --

(1) A local government may establish a local citizens review panel to assist and advise the State Board and the State Council on Child Abuse and Neglect.

(2) Two or more counties may establish a multicounty local citizens review panel, in accordance with a memorandum of understanding executed by the governing bodies of each participating county.

(b) Appointment of members and chair. -- Except as provided in subsection (c)(2) of this section, the members and chair of a local citizens review panel shall be appointed by the local governing body.

(c) Composition. -- Membership on a local citizens review panel shall be representative of the local jurisdiction and include:

(1) individuals with expertise in the prevention and treatment of child abuse and neglect, such as child advocates, volunteers of the court-appointed special advocate program, attorneys who represent children, parent and consumer representatives, law enforcement representatives, and health, human, and educational services professionals; and

(2) one member from the local jurisdiction, who is appointed by the State Board and one who is appointed by the State Council on Child Abuse and Neglect.

(d) Term. --

(1) The term of a member is 4 years.

(2) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(e) Responsibilities. -- A local panel shall:

(1) evaluate the extent to which State and local agencies in that jurisdiction are effectively fulfilling their responsibilities in accordance with the child protection standards and the State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;

(2) issue reports on its findings to the State Board and the State Council on Child Abuse and Neglect; and

(3) carry out case reviews and other duties as requested to assist the State Board and the State Council on Child Abuse and Neglect.

§ 5-539 - 3. Prohibitions

(a) Disclosure of child protection case information. -- The members of the State Board and the Board's designees and staff:

(1) may not disclose to any person or government official any identifying information about any specific child protection case about which the State Board is provided information; and

(2) may make public other information unless prohibited by law.

(b) Penalties for violation. -- In addition to any other penalties provided by law, the Special Secretary for Children, Youth, and Families may impose on any person who violates subsection (a) of this section a civil penalty not exceeding $ 500 for each violation.