EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1246*
HOUSE BILL 1246
P1, O4 2lr2142
By: Delegates McComas, Boteler, McKay, Patterson, and Valentino –Smith
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Child Abuse and Neglect – Reports and Records – Disclosure 2
(Anderson’s Law) 3
FOR the purpose of providing that certain reports and records of child abuse and neglect 4
are not confidential; and generally relating to the confidentiality of reports and 5
records of child abuse and neglect. 6
BY repealing and reenacting, with amendments, 7
Article – Human Services 8
Section 1–203 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Human Services 14
1–203. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Local department” means the department of social services that has 17
jurisdiction in the county: 18
(i) where the allegedly abused or neglected child lives; or 19
(ii) if different, where the abuse or neglect is alleged to have taken 20
place. 21
(3) “Local director” means the director of the local department. 22 2 HOUSE BILL 1246
(4) “Medical report” means a psychological, psychiatric, therapeutic, 1
clinical, or medical report or evaluation related to the allegedly abused or neglected child, 2
a sibling of the child, or another child in the household, family, or care of the alleged abuser 3
or neglector. 4
(5) “Secretary” means the Secretary of Human Services. 5
(b) (1) [Notwithstanding] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF 6
THIS SUBSECTION , AND NOTWITHSTANDING any other provision of law, the local 7
director or the Secretary shall, on request, disclose information concerning child abuse or 8
neglect in accordance with subsection (c) of this section if: 9
(i) the information is limited to actions or omissions of the local 10
department, the Department of Human Services, or an agent of the Department of Human 11
Services; 12
(ii) the child named in a report of abuse or neglect has suffered a 13
fatality or near fatality; and 14
(iii) [1.] the local director or the Secretary [has consulted the 15
State’s Attorney’s office; and 16
2. the State’s Attorney’s office] has BEEN advised [the local 17
director or the Secretary] BY THE STATE’S ATTORNEY’S OFFICE that disclosure of the 18
information would not jeopardize or prejudice a related investigation or prosecution. 19
(2) (I) NOTWITHSTANDING ANY O THER PROVISION OF LA W, A 20
REPORT OR RECORD OF CHILD ABUSE OR NEGLE CT IS NOT CONFIDENTIAL AND 21
SHALL BE SUBJECT TO SUBSECTION (D) OF THIS SECTION IF THE REPORT OR 22
RECORD PERTAINS TO A CHILD WHO : 23
1. SUFFERED A FATALITY OR NEAR FATALITY ; 24
2. WAS IN THE CUSTODY O F A STATE DEPARTMENT OR 25
AGENCY OR IN THE CAR E OF A FOSTER PARENT AT THE TIME THE CHILD SUFFERED 26
A FATALITY OR NEAR F ATALITY; AND 27
3. IS THE SUBJECT OF AN INVESTIGATION , A REPORT, A 28
REFERRAL, OR A COMPLAINT RECEIVED B Y A LOCAL DEPARTMENT . 29
(II) ON THE RELEASE OF A REPORT OR RECORD DESCRIBED 30
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE LOCAL DIRECTOR O R THE 31
SECRETARY MAY COMMENT PUBLICLY ON THE REPORT OR RECORD . 32
HOUSE BILL 1246 3
[(2)] (3) (i) If the local director or the Secretary does not disclose 1
information under paragraph (1) of this subsection because the State’s Attorney has 2
advised that disclosure of the information would jeopardize or prejudice a related 3
investigation or prosecution, the State’s Attorney shall notify the local director or the 4
Secretary within 10 days after the conclusion of the related investigation or prosecution. 5
(ii) Within 30 days after notification from the State’s Attorney under 6
subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 7
information in accordance with this section. 8
(c) Before disclosing the information: 9
(1) the local director or the Secretary shall consult the State’s Attorney’s 10
office; and 11
(2) the local director and the Secretary shall consult each other. 12
(d) Subject to subsection (e) of this section, the local director or the Secretary shall 13
disclose: 14
(1) the name of the allegedly abused or neglected child who has suffered a 15
fatality; 16
(2) the date of the report of the alleged child abuse or neglect and of any 17
prior or subsequent reports; 18
(3) the findings made by the local department at the conclusion of its 19
investigation and the disposition made by the local department based on its findings; 20
(4) any services provided to the alleged abuser or neglector, the allegedly 21
abused or neglected child, and the household or family members; 22
(5) the number of referrals for professional services for the alleged abuser 23
or neglector, the allegedly abused or neglected child, and the household or family members; 24
(6) any prior adjudication as a child in need of assistance of the allegedly 25
abused or neglected child, a sibling of the child, or another child in the household, family, 26
or care of the alleged abuser or neglector; 27
(7) the status of any case involving the child that was open at the time of 28
the fatality or near fatality; 29
(8) a summary of the facts of the fatality or near fatality, including the date 30
of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 31
the medical examiner; and 32
4 HOUSE BILL 1246
(9) any information concerning the circumstances of the alleged child 1
abuse or neglect and the investigation of the circumstances, if the local director or the 2
Secretary determines that the disclosure is consistent with the public interest. 3
(e) (1) The local director or the Secretary may not: 4
(i) disclose the identity of or provide an identifying description of 5
the person who made the report; 6
(ii) disclose the name of a child who has suffered a near fatality, a 7
sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 8
neglected child, an individual legally responsible for the child, the alleged abuser or 9
neglector, or another household or family member; 10
(iii) except as provided in paragraph (2) of this subsection, disclose a 11
medical report; or 12
(iv) except for the information described in subsection (d) of this 13
section, disclose the file relating to the allegedly abused or neglected child. 14
(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 15
local director or the Secretary may disclose a medical report related to the cause of the 16
child’s injury or death as a result of the alleged abuse or neglect. 17
(f) In consultation with the local directors, the Secretary shall develop a form for 18
disclosure of the information described in subsection (d) of this section. 19
(g) This section does not grant a right to any person to receive the information 20
described in subsection (d) of this section. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2022. 23