EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0820*
SENATE BILL 820
D4 2lr2508
CF HB 1248
By: Senator Lam (By Request – Joint Audit and Evaluation Committee)
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Committee amendments withdrawn, March 5, 2022
Senate action: Adopted with substitute committee amendments, March 5, 2022
Read second time: March 5, 2022
CHAPTER ______
AN ACT concerning 1
Child Abuse and Neglect – Investigations – Timeliness 2
FOR the purpose of requiring the State Department of Human Services to implement 3
policies requiring a local department of social services or the appropriate law 4
enforcement agency that fails to conduct a child abuse or neglect investigation or 5
complete a certain report within certain statutory time frames to report the delay 6
and the reason for the delay in a certain manner; requiring the Department to assess 7
certain studies and methodologies, develop a certain assessment, and complete the 8
assessment by certain dates; and generally relating to the timeliness of conducting 9
and completing investigations of child abuse and neglect. 10
BY repealing and reenacting, with amendments, 11
Article – Family Law 12
Section 5–706 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Family Law 17
Section 5–706(t) and (u) 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
2 SENATE BILL 820
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Family Law 3
5–706. 4
(a) (1) In this section, “alternative response” means a component of the child 5
protective services program that provides for a comprehensive assessment of: 6
(i) risk of harm to the child; 7
(ii) risk of subsequent child abuse or neglect; 8
(iii) family strengths and needs; and 9
(iv) the provision of or referral for necessary services. 10
(2) “Alternative response” does not include: 11
(i) an investigation; or 12
(ii) a formal determination as to whether child abuse or neglect has 13
occurred. 14
(b) Promptly after receiving a report of suspected abuse or neglect of a child who 15
lives in this State that is alleged to have occurred in this State, the local department or the 16
appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough 17
investigation of a report of suspected abuse or neglect to protect the health, safety, and 18
welfare of the child or children. 19
(c) Within 24 hours after receiving a report of suspected physical or sexual abuse 20
of a child who lives in this State that is alleged to have occurred in this State, and within 5 21
days after receiving a report of suspected neglect or suspected mental injury of a child who 22
lives in this State that is alleged to have occurred in this State, the local department or the 23
appropriate law enforcement agency shall: 24
(1) see the child; 25
(2) attempt to have an on–site interview with the child’s caretaker; 26
(3) decide on the safety of the child, wherever the child is, and of other 27
children in the household; and 28
(4) decide on the safety of other children in the care or custody of the 29
alleged abuser. 30
SENATE BILL 820 3
(d) The investigation under subsection (c) of this section shall include: 1
(1) a determination of the nature, extent, and cause of the abuse or neglect, 2
if any; 3
(2) if mental injury is suspected, an assessment by two of the following: 4
(i) a licensed physician, as defined in § 14–101 of the Health 5
Occupations Article; 6
(ii) a licensed psychologist, as defined in § 18–101 of the Health 7
Occupations Article; or 8
(iii) a licensed social worker, as defined in § 19–101 of the Health 9
Occupations Article; OR 10
(IV) A CLINICAL PROFESSIO NAL COUNSELOR LICENSED UNDER 11
TITLE 17 OF THE HEALTH OCCUPATIONS ARTICLE; and 12
(3) if the suspected abuse or neglect is verified: 13
(i) a determination of the identity of the person or persons 14
responsible for the abuse or neglect; 15
(ii) a determination of the name, age, and condition of any other 16
child in the household; 17
(iii) an evaluation of the parents and the home environment; 18
(iv) a determination of any other pertinent facts or matters; and 19
(v) a determination of any needed services. 20
(e) On request by the local department, the local State’s Attorney shall assist in 21
an investigation under subsections (c) and (d) of this section. 22
(f) The local department, the appropriate law enforcement agencies, the State’s 23
Attorney within each county and Baltimore City, the local department’s office responsible 24
for child care regulation, the local health officer, and the local child advocacy center shall 25
enter into a written agreement that specifies standard operating procedures for the 26
investigation under subsections (c) and (d) of this section and prosecution of reported cases 27
of suspected abuse or neglect. 28
(g) (1) The agencies responsible for investigating reported cases of suspected 29
sexual abuse, including the local department, the appropriate law enforcement agencies, 30
and the local State’s Attorney, shall implement a joint investigation procedure for 31
conducting joint investigations of sexual abuse under subsections (c) and (d) of this section. 32 4 SENATE BILL 820
(2) The joint investigation procedure shall: 1
(i) include appropriate techniques for expediting validation of 2
sexual abuse complaints; 3
(ii) include investigation techniques designed to: 4
1. decrease the potential for physical harm to the child; and 5
2. decrease any trauma experienced by the child in the 6
investigation and prosecution of the case; 7
(iii) establish an ongoing training program for personnel involved in 8
the investigation or prosecution of sexual abuse cases; and 9
(iv) include screening to determine whether a child is a victim of sex 10
trafficking. 11
(h) (1) To the extent possible, an investigation under subsections (c) and (d) of 12
this section shall be completed within 10 days after receipt of the first notice of the 13
suspected abuse or neglect by the local department or law enforcement agencies. 14
(2) An investigation under subsections (c) and (d) of this section that is not 15
completed within 30 days shall be completed within 60 days of receipt of the first notice of 16
the suspected abuse or neglect. 17
(i) Within 5 business days after completion of the investigation of suspected 18
abuse of a child who lives in this State that is alleged to have occurred in this State, the 19
local department and the appropriate law enforcement agency, if that agency participated 20
in the investigation, shall make a complete written report of its findings to the local State’s 21
Attorney. 22
(j) Promptly after receiving a report of suspected abuse or neglect of a child who 23
lives in this State that is alleged to have occurred outside of this State, the local department 24
shall: 25
(1) forward the report to the appropriate agency outside of this State that 26
is authorized to receive and investigate reports of suspected abuse or neglect; 27
(2) cooperate to the extent requested with the out–of–state agency 28
investigating the report; and 29
(3) if determined appropriate by the local department: 30
(i) interview the child to assess whether the child is safe; and 31
SENATE BILL 820 5
(ii) provide services to the child and the child’s family. 1
(k) Notwithstanding the provisions of this section, the Secretary may implement 2
an alternative response program for selected reports of abuse or neglect. 3
(l) (1) The Department shall convene a multidisciplinary alternative response 4
advisory council. 5
(2) The advisory council shall consist of the following members: 6
(i) the Secretary of Human Services, or the Secretary’s designee; 7
(ii) the Secretary of Health, or the Secretary’s designee; 8
(iii) the State Superintendent of Schools, or the Superintendent’s 9
designee; 10
(iv) a representative from the Maryland Disability Law Center; 11
(v) a representative from a child advocacy organization; 12
(vi) a representative from a community partner or a local service 13
provider; 14
(vii) a pediatrician with experience in diagnosing and treating 15
injuries related to abuse and neglect; 16
(viii) an attorney with experience representing children or adults in 17
abuse and neglect cases; 18
(ix) a representative from the Office of the Public Defender; 19
(x) a parent or guardian who has personal experience with the child 20
protective services system; 21
(xi) a child who has personal experience with the child protective 22
services system; 23
(xii) two representatives from local departments of social services; 24
and 25
(xiii) two representatives from local citizens review panels. 26
(3) The Secretary of Human Services or the Secretary’s designee shall be 27
the chair of the advisory council. 28
(4) The advisory council shall advise the Department on: 29 6 SENATE BILL 820
(i) the development of the alternative response implementation 1
plan, which may include a pilot program; 2
(ii) oversight and monitoring of the alternative response 3
implementation plan; 4
(iii) consulting with local citizens review panels, local services 5
affiliates, and other local partners for feedback and recommendations on the alternative 6
response implementation plan; 7
(iv) defining the scope of the independent evaluation of the 8
implementation of the alternative response program; and 9
(v) defining the scope of the ongoing evaluation of the alternative 10
response program. 11
(m) Only a low risk report of abuse or neglect may be considered for an alternative 12
response. 13
(n) A report that is not assigned for an alternative response shall be assigned for 14
investigation in accordance with this section. 15
(o) The following reports of suspected abuse or neglect may not be assigned for an 16
alternative response: 17
(1) sexual abuse; and 18
(2) abuse or neglect: 19
(i) occurring in an out–of–home placement; 20
(ii) resulting in death or serious physical or mental injury; 21
(iii) if, in the previous 3 years, the individual suspected of abuse or 22
neglect has been identified as responsible for abuse or neglect as documented in the records 23
of the local department; or 24
(iv) if the individual suspected of abuse or neglect has had one report 25
assigned for an alternative response within the past 12 months or two reports assigned for 26
an alternative response within the past 24 months. 27
(p) A report assigned for an alternative response may be reassigned at any time 28
for an immediate investigation based on any of the following factors and circumstances: 29
(1) a reassessment of the report or relevant facts; 30
SENATE BILL 820 7
(2) a determination that the case satisfies a criterion in subsection (o) of 1
this section; or 2
(3) a family’s inability or refusal to participate in the alternative response 3
assessment. 4
(q) A report assigned for an investigation may be reassigned for an alternative 5
response at any time based on: 6
(1) a reassessment of the report or relevant facts that demonstrate that the 7
case meets the criteria for an alternative response; 8
(2) a determination that accepted services would address all issues of risk 9
of abuse or neglect and child safety; and 10
(3) approval by a caseworker supervisor. 11
(r) When a report is referred for an alternative response, the local department 12
shall: 13
(1) see the child and the child’s parent or primary caretaker within 24 14
hours of receiving a report of physical abuse; 15
(2) see the child and the child’s parent or primary caretaker within 5 days 16
of receiving a report of neglect; 17
(3) attempt to have an on–site interview with the child’s parent or primary 18
caretaker; 19
(4) evaluate the child’s home environment; 20
(5) decide on the safety of the child, wherever the child is, and of other 21
children in the household; 22
(6) decide on the safety of other children in the care or custody of the 23
individual suspected of abuse or neglect; 24
(7) advise the appropriate law enforcement agency that the report has been 25
assigned for an alternative response, if the law enforcement agency made the report of 26
abuse or neglect; 27
(8) inform the individual suspected of child abuse or neglect of the 28
allegations made against the individual in a manner consistent with laws protecting the 29
rights of the person who made the report; 30
(9) complete an alternative response assessment within 60 days after the 31
receipt of the report; 32 8 SENATE BILL 820
(10) within 10 days after completing the alternative response assessment, 1
provide a written report to the family members who are participating in the alternative 2
response assessment as to whether and what services are necessary to address: 3
(i) the safety of the child or other children in the household; and 4
(ii) the risk of subsequent abuse or neglect; and 5
(11) consistent with the assessment and any safety or services plans: 6
(i) render any appropriate services in the best interests of the child; 7
(ii) refer the family or child for additional services; or 8
(iii) as necessary for the safety of the child or other children in the 9
household, establish a plan to monitor the safety plan and the provision or completion of 10
appropriate services. 11
(s) The local department: 12
(1) shall: 13
(i) maintain complete records related to an alternative response and 14
services for 3 years after the report was received if there is no subsequent child welfare 15
involvement; and 16
(ii) expunge complete records related to an alternative response and 17
services if there is no subsequent child welfare involvement after 3 years; 18
(2) may not use or disclose records related to an alternative response for 19
purposes of responding to a request for background information for employment or 20
voluntary services; and 21
(3) shall protect from disclosure records related to an alternative response 22
in accordance with § 1–202 of the Human Services Article. 23
(T) (1) A LOCAL DEPARTMENT THA T FAILS TO CONDUCT A N 24
INVESTIGATION OR COM PLETE A REPORT WITHI N THE TIME FRAMES RE QUIRED BY 25
THIS SECTION SHALL : 26
(I) REPORT THE DELAY AND THE REASON FOR THE D ELAY TO 27
THE SUPERVISOR WITHI N THE LOCAL DEPARTMENT ; AND 28
(II) MAINTAIN A RECORD OF THE DELAY AND THE RE ASON FOR 29
THE DELAY IN THE CHI LD’S CASE FILE MAINTAIN ED BY THE LOCAL DEPA RTMENT. 30 SENATE BILL 820 9
(2) A LOCAL DEPARTMENT SUP ERVISOR WHO RECEIVES A REPORT OF 1
A DELAY UNDER PARAGR APH (1) OF THIS SUBSECTION SHALL REV IEW AND SIGN THE 2
REPORT. 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4
as follows: 5
Article – Family Law 6
5–706. 7
(T) THE DEPARTMENT SHALL IMPL EMENT POLICIES TO EN SURE THAT IF A 8
LOCAL DEPARTMENT OR THE APPROPRIATE LAW ENFO RCEMENT AGENCY FAILS TO 9
SEE A CHILD IN ACCOR DANCE WITH THE TIME FRAMES ESTABLISHED U NDER 10
SUBSECTION (C) OF THIS SECTION: 11
(1) THE REASON FOR THE D ELAY IS DOCUMENTED I N THE CHILD’S 12
CASE FILE; AND 13
(2) A SUPERVISOR AT THE LOCAL DEPARTMENT : 14
(I) IS NOTIFIED OF THE D ELAY IN ORDER TO SUP PORT STAFF IN 15
MAKING INITIAL CONTA CT WITH THE CHILD ; AND 16
(II) REVIEWS THE DOCUMENT ATION REQUIRED UNDER ITEM (1) 17
OF THIS SUBSECTION D URING THE REVIEW OF THE FINAL INVESTIGATION REPORT . 18
(U) (1) THE DEPARTMENT SHALL PREP ARE AND ISSUE A QUAR TERLY 19
REPORT IDENTIFYING I NVESTIGATIONS OR REP ORTS THAT ARE NOT CO MPLETED 20
WITHIN THE TIME FRAM ES REQUIRED BY THIS SECTION. 21
(2) THE REPORTS REQUIRED UNDER THIS SUBSECTIO N SHALL 22
INCLUDE AN EXPLANATION FOR EACH DELAY , COMPILED BY THE DEPA RTMENT OF 23
HUMAN RESOURCES WITH INPUT FROM THE LOCAL DEPARTMENTS . 24
(3) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 25
THEREAFTER , THE DEPARTMENT SHALL , SUBJECT TO § 2–1257 OF THE STATE 26
GOVERNMENT ARTICLE, REPORT TO THE GENERAL ASSEMBLY ON THE PROGR ESS 27
OF LOCAL DEPARTMENTS IN COMPLYING WITH TH E TIME FRAMES FOR CO NDUCTING 28
INVESTIGATIONS AND C OMPLETING REPORTS UN DER THIS SECTION . 29
SECTION 3. AND BE IT FURTHER ENACTED, That: 30
10 SENATE BILL 820
(a) On or before December 1, 2023, the State Department of Human Services 1
shall: 2
(1) assess studies and methodologies related to analyzing workloads in 3
child welfare systems; and 4
(2) report to the Joint Audit and Evaluation Committee, the Senate Budget 5
and Taxation Committee, and the House Appropriations Committee, in accordance with § 6
2–1257 of the State Government Article, on a plan to develop a child welfare workload 7
assessment in the State based on best practices and the assessments made under item (1) 8
of this subsection. 9
(b) On or before December 1, 2024, the State Department of Human Services 10
shall: 11
(1) complete the child welfare workload assessment developed under 12
subsection (a) of this section; and 13
(2) report to the Joint Audit and Evaluation Committee, the Senate Budget 14
and Taxation Committee, and the House Appropriations Committee, in accordance with § 15
2–1257 of the State Government Article, on: 16
(i) the outcome of the assessment; 17
(ii) a plan to address understaffing in the State’s child welfare 18
system; 19
(iii) estimates of the cost to address understaffing in the State’s child 20
welfare system; and 21
(iv) the benefits to children and families in the State of a properly 22
staffed child welfare system. 23
SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 24
October 1, 2022. Section 2 of this Act shall remain effective for a period of 5 years and, at 25
the end of September 30, 2027, Section 2 of this Act, with no further action required by the 26
General Assembly, shall be abrogated and of no further force and effect. 27