2010 Maryland Code
FAMILY LAW
TITLE 5 - CHILDREN
Subtitle 7 - Child Abuse and Neglect
Section 5-706 - Investigation.

§ 5-706. Investigation.
 

(a)  In general.- Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred in this State: 

(1) the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse to protect the health, safety, and welfare of the child or children; or 

(2) the local department shall make a thorough investigation of a report of suspected neglect to protect the health, safety, and welfare of the child or children. 

(b)  Time for initiation; actions to be taken.- Within 24 hours after receiving a report of suspected physical or sexual abuse of a child who lives in this State that is alleged to have occurred in this State, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency shall: 

(1) see the child; 

(2) attempt to have an on-site interview with the child's caretaker; 

(3) decide on the safety of the child, wherever the child is, and of other children in the household; and 

(4) decide on the safety of other children in the care or custody of the alleged abuser. 

(c)  Scope.- The investigation under subsection (b) of this section shall include: 

(1) a determination of the nature, extent, and cause of the abuse or neglect, if any; 

(2) if mental injury is suspected, an assessment by two of the following: 

(i) a licensed physician, as defined in § 14-101 of the Health Occupations Article; 

(ii) a licensed psychologist, as defined in § 18-101 of the Health Occupations Article; or 

(iii) a licensed social worker, as defined in § 19-101 of the Health Occupations Article; and 

(3) if the suspected abuse or neglect is verified: 

(i) a determination of the identity of the person or persons responsible for the abuse or neglect; 

(ii) a determination of the name, age, and condition of any other child in the household; 

(iii) an evaluation of the parents and the home environment; 

(iv) a determination of any other pertinent facts or matters; and 

(v) a determination of any needed services. 

(d)  Assistance by State's Attorney.- On request by the local department, the local State's Attorney shall assist in an investigation under subsections (b) and (c) of this section. 

(e)  Written agreement to specify standard operating procedures.- The local department, the appropriate law enforcement agencies, the State's Attorney within each county and Baltimore City, the local department's office responsible for child care regulation, and the local health officer shall enter into a written agreement that specifies standard operating procedures for the investigation under subsections (b) and (c) of this section and prosecution of reported cases of suspected abuse. 

(f)  Joint investigation procedure.-  

(1) The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State's Attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse under subsections (b) and (c) of this section. 

(2) The joint investigation procedure shall: 

(i) include appropriate techniques for expediting validation of sexual abuse complaints; 

(ii) include investigation techniques designed to: 

1. decrease the potential for physical harm to the child; and 

2. decrease any trauma experienced by the child in the investigation and prosecution of the case; and 

(iii) establish an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases. 

(g)  Time for completion.-  

(1) To the extent possible, an investigation under subsections (b) and (c) of this section shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies. 

(2) An investigation under subsections (b) and (c) of this section which is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect. 

(h)  Preliminary findings.- Within 10 days after the local department or law enforcement agency receives the first notice of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department or law enforcement agency shall report to the local State's Attorney the preliminary findings of the investigation. 

(i)  Written report of findings.- Within 5 business days after completion of the investigation of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State's Attorney. 

(j)  Forwarding of report.- Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred outside of this State, the local department shall: 

(1) forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect; 

(2) cooperate to the extent requested with the out-of-state agency investigating the report; and 

(3) if determined appropriate by the local department: 

(i) interview the child to assess whether the child is safe; and 

(ii) provide services to the child and the child's family. 
 

[1987, ch. 635, § 2; 1988, ch. 6, § 2; ch. 247; 1994, ch. 728; 2003, ch. 308; 2005, ch. 464, § 3.]