Maryland Department of Human Resources Section 6A

Article - Department of Human Resources

§ 6A.

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

            (2)      "Director" means the director of a local department of social services.

            (3)      "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.

            (4)      "Medical report" means a psychological, psychiatric, therapeutic, clinical, or medical report or evaluation related to the allegedly abused or neglected child, the child's siblings, or other children 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 director or the Secretary may disclose information concerning child abuse or neglect in accordance with subsection (c) of this section if:

                  (i)      The director or the Secretary determines that the disclosure is not contrary to the best interests of the child, the child's siblings, or other children in the household, family, or care of the alleged abuser or neglector;

                  (ii)      The alleged abuser or neglector has been charged with a crime related to a report of child abuse or neglect; and

                  (iii)      The child named in a report of abuse or neglect has died or suffered a serious physical injury as defined in § 3-201 of the Criminal Law Article.

            (2)      In determining whether disclosure is contrary to the best interests of the child, the child's siblings, or other children in the household, family, or care of the alleged abuser or neglector under paragraph (1)(i) of this subsection, the director or the Secretary shall consider the effects that disclosure may have on the provision of services to the child, the child's household or family members, or any children in the care of the alleged abuser or neglector.

      (c)      (1)      Prior to disclosing the information, the director or the Secretary shall consult with the primary law enforcement agency and the State's Attorney's office concerning whether disclosure of the information would jeopardize or prejudice any related investigation or prosecution.

            (2)      Prior to disclosing the information:

                  (i)      The director shall consult with the Secretary if the director discloses; and

                  (ii)      The Secretary shall consult with the director if the Secretary discloses.

      (d)      The director or the Secretary may disclose:

            (1)      The name of the allegedly abused or neglected child;

            (2)      The date of the report of the alleged child abuse or neglect and 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)      The prior adjudication as a child in need of assistance of the allegedly abused or neglected child, the child's siblings, or other children in the household, family, or care of the alleged abuser or neglector; and

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

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

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

                  (ii)      Identify the name of the abused or neglected child's siblings, parent, individual legally responsible for the child, or other household or family members, other than the alleged abuser or neglector;

                  (iii)      Disclose a medical report, except as related to the cause of the child's injury or death as a result of the abuse or neglect; or

                  (iv)      Except for the information 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 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 abuse or neglect.

      (f)      The Secretary, in consultation with the local directors of social services, shall develop a form to disclose the information described in subsection (d) of this section.

      (g)      This section may not be construed as granting a right to any person to receive the information described in subsection (d) of this section.



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