2013 Maryland Code
HUMAN SERVICES
§ 1-203 - Disclosure of information -- Child abuse or neglect resulting in death or serious physical injury

§1-203.

(a) (1) In this section the following words have the meanings indicated.

(2) “Local department” means the department of social services that has jurisdiction in the county:

(i) where the allegedly abused or neglected child lives; or

(ii) if different, where the abuse or neglect is alleged to have taken place.

(3) “Local director” means the director of the local department.

(4) “Medical report” means a psychological, psychiatric, therapeutic, clinical, or medical report or evaluation related to the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector.

(5) “Secretary” means the Secretary of Human Resources.

(b) (1) Notwithstanding any other provision of law, the local director or the Secretary shall, on request, disclose information concerning child abuse or neglect in accordance with subsection (c) of this section if:

(i) the information is limited to actions or omissions of the local department, the Department of Human Resources, or an agent of the Department of Human Resources;

(ii) the child named in a report of abuse or neglect has suffered a fatality or near fatality; and

(iii) 1. the local director or the Secretary has consulted the State’s Attorney’s office; and

2. the State’s Attorney’s office has advised the local director or the Secretary that disclosure of the information would not jeopardize or prejudice a related investigation or prosecution.

(2) (i) If the local director or the Secretary does not disclose information under paragraph (1) of this subsection because the State’s Attorney has advised that disclosure of the information would jeopardize or prejudice a related investigation or prosecution, the State’s Attorney shall notify the local director or the Secretary within 10 days after the conclusion of the related investigation or prosecution.

(ii) Within 30 days after notification from the State’s Attorney under subparagraph (i) of this paragraph, the local director or the Secretary shall disclose information in accordance with this section.

(c) Before disclosing the information:

(1) the local director or the Secretary shall consult the State’s Attorney’s office; and

(2) the local director and the Secretary shall consult each other.

(d) Subject to subsection (e) of this section, the local director or the Secretary shall disclose:

(1) the name of the allegedly abused or neglected child who has suffered a fatality;

(2) the date of the report of the alleged child abuse or neglect and of any prior or subsequent reports;

(3) the findings made by the local department at the conclusion of its investigation and the disposition made by the local department based on its findings;

(4) any services provided to the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

(5) the number of referrals for professional services for the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

(6) any prior adjudication as a child in need of assistance of the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector;

(7) the status of any case involving the child that was open at the time of the fatality or near fatality;

(8) a summary of the facts of the fatality or near fatality, including the date of the fatality or near fatality and, in the case of a fatality, the cause of death reported by the medical examiner; and

(9) any information concerning the circumstances of the alleged child abuse or neglect and the investigation of the circumstances, if the local director or the Secretary determines that the disclosure is consistent with the public interest.

(e) (1) The local director or the Secretary may not:

(i) disclose the identity of or provide an identifying description of the person who made the report;

(ii) disclose the name of a child who has suffered a near fatality, a sibling of the allegedly abused or neglected child, a parent of the allegedly abused or neglected child, an individual legally responsible for the child, the alleged abuser or neglector, or another household or family member;

(iii) except as provided in paragraph (2) of this subsection, disclose a medical report; or

(iv) except for the information described in subsection (d) of this section, disclose the file relating to the allegedly abused or neglected child.

(2) Notwithstanding Title 4, Subtitle 3 of the Health - General Article, the local director or the Secretary may disclose a medical report related to the cause of the child’s injury or death as a result of the alleged abuse or neglect.

(f) In consultation with the local directors, the Secretary shall develop a form for disclosure of the information described in subsection (d) of this section.

(g) This section does not grant a right to any person to receive the information described in subsection (d) of this section.