| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0820* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 820 | |
| 11 | 8 | D4 2lr2508 | |
| 12 | - | CF | |
| 9 | + | CF 2lr2512 | |
| 13 | 10 | By: Senator Lam (By Request – Joint Audit and Evaluation Committee) | |
| 14 | 11 | Introduced and read first time: February 7, 2022 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Committee amendments withdrawn, March 5, 2022 | |
| 18 | - | Senate action: Adopted with substitute committee amendments, March 5, 2022 | |
| 19 | - | Read second time: March 5, 2022 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | 18 | Child Abuse and Neglect – Investigations – Timeliness 2 | |
| 26 | 19 | ||
| 27 | - | FOR the purpose of requiring the State Department of Human Services to implement 3 | |
| 28 | - | policies requiring a local department of social services or the appropriate law 4 | |
| 29 | - | enforcement agency that fails to conduct a child abuse or neglect investigation or 5 | |
| 30 | - | complete a certain report within certain statutory time frames to report the delay 6 | |
| 31 | - | and the reason for the delay in a certain manner; requiring the Department to assess 7 | |
| 32 | - | certain studies and methodologies, develop a certain assessment, and complete the 8 | |
| 33 | - | assessment by certain dates; and generally relating to the timeliness of conducting 9 | |
| 34 | - | and completing investigations of child abuse and neglect. 10 | |
| 20 | + | FOR the purpose of requiring a local department of social services that fails to conduct a 3 | |
| 21 | + | child abuse or neglect investigation or complete a certain report within certain 4 | |
| 22 | + | statutory time frames to report the delay and the reason for the delay in a certain 5 | |
| 23 | + | manner; and generally relating to the timeliness of conducting and completing 6 | |
| 24 | + | investigations of child abuse and neglect. 7 | |
| 35 | 25 | ||
| 36 | - | BY repealing and reenacting, with amendments, | |
| 37 | - | Article – Family Law | |
| 38 | - | Section 5–706 | |
| 39 | - | Annotated Code of Maryland | |
| 40 | - | (2019 Replacement Volume and 2021 Supplement) | |
| 26 | + | BY repealing and reenacting, with amendments, 8 | |
| 27 | + | Article – Family Law 9 | |
| 28 | + | Section 5–706 10 | |
| 29 | + | Annotated Code of Maryland 11 | |
| 30 | + | (2019 Replacement Volume and 2021 Supplement) 12 | |
| 41 | 31 | ||
| 42 | - | BY adding to 16 | |
| 43 | - | Article – Family Law 17 | |
| 44 | - | Section 5–706(t) and (u) 18 | |
| 45 | - | Annotated Code of Maryland 19 | |
| 46 | - | (2019 Replacement Volume and 2021 Supplement) 20 | |
| 47 | - | 2 SENATE BILL 820 | |
| 32 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 33 | + | That the Laws of Maryland read as follows: 14 | |
| 48 | 34 | ||
| 35 | + | Article – Family Law 15 | |
| 49 | 36 | ||
| 50 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 51 | - | That the Laws of Maryland read as follows: 2 | |
| 37 | + | 5–706. 16 | |
| 52 | 38 | ||
| 53 | - | Article – Family Law 3 | |
| 39 | + | (a) (1) In this section, “alternative response” means a component of the child 17 | |
| 40 | + | protective services program that provides for a comprehensive assessment of: 18 | |
| 54 | 41 | ||
| 55 | - | ||
| 42 | + | (i) risk of harm to the child; 19 | |
| 56 | 43 | ||
| 57 | - | (a) (1) In this section, “alternative response” means a component of the child 5 | |
| 58 | - | protective services program that provides for a comprehensive assessment of: 6 | |
| 44 | + | (ii) risk of subsequent child abuse or neglect; 20 | |
| 59 | 45 | ||
| 60 | - | ( | |
| 46 | + | (iii) family strengths and needs; and 21 | |
| 61 | 47 | ||
| 62 | - | (ii) risk of subsequent child abuse or neglect; 8 | |
| 63 | - | ||
| 64 | - | (iii) family strengths and needs; and 9 | |
| 65 | - | ||
| 66 | - | (iv) the provision of or referral for necessary services. 10 | |
| 67 | - | ||
| 68 | - | (2) “Alternative response” does not include: 11 | |
| 69 | - | ||
| 70 | - | (i) an investigation; or 12 | |
| 71 | - | ||
| 72 | - | (ii) a formal determination as to whether child abuse or neglect has 13 | |
| 73 | - | occurred. 14 | |
| 74 | - | ||
| 75 | - | (b) Promptly after receiving a report of suspected abuse or neglect of a child who 15 | |
| 76 | - | lives in this State that is alleged to have occurred in this State, the local department or the 16 | |
| 77 | - | appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough 17 | |
| 78 | - | investigation of a report of suspected abuse or neglect to protect the health, safety, and 18 | |
| 79 | - | welfare of the child or children. 19 | |
| 80 | - | ||
| 81 | - | (c) Within 24 hours after receiving a report of suspected physical or sexual abuse 20 | |
| 82 | - | of a child who lives in this State that is alleged to have occurred in this State, and within 5 21 | |
| 83 | - | days after receiving a report of suspected neglect or suspected mental injury of a child who 22 | |
| 84 | - | lives in this State that is alleged to have occurred in this State, the local department or the 23 | |
| 85 | - | appropriate law enforcement agency shall: 24 | |
| 86 | - | ||
| 87 | - | (1) see the child; 25 | |
| 88 | - | ||
| 89 | - | (2) attempt to have an on–site interview with the child’s caretaker; 26 | |
| 90 | - | ||
| 91 | - | (3) decide on the safety of the child, wherever the child is, and of other 27 | |
| 92 | - | children in the household; and 28 | |
| 93 | - | ||
| 94 | - | (4) decide on the safety of other children in the care or custody of the 29 | |
| 95 | - | alleged abuser. 30 | |
| 96 | - | SENATE BILL 820 3 | |
| 97 | - | ||
| 98 | - | ||
| 99 | - | (d) The investigation under subsection (c) of this section shall include: 1 | |
| 100 | - | ||
| 101 | - | (1) a determination of the nature, extent, and cause of the abuse or neglect, 2 | |
| 102 | - | if any; 3 | |
| 103 | - | ||
| 104 | - | (2) if mental injury is suspected, an assessment by two of the following: 4 | |
| 105 | - | ||
| 106 | - | (i) a licensed physician, as defined in § 14–101 of the Health 5 | |
| 107 | - | Occupations Article; 6 | |
| 108 | - | ||
| 109 | - | (ii) a licensed psychologist, as defined in § 18–101 of the Health 7 | |
| 110 | - | Occupations Article; or 8 | |
| 111 | - | ||
| 112 | - | (iii) a licensed social worker, as defined in § 19–101 of the Health 9 | |
| 113 | - | Occupations Article; OR 10 | |
| 114 | - | ||
| 115 | - | (IV) A CLINICAL PROFESSIO NAL COUNSELOR LICENSED UNDER 11 | |
| 116 | - | TITLE 17 OF THE HEALTH OCCUPATIONS ARTICLE; and 12 | |
| 117 | - | ||
| 118 | - | (3) if the suspected abuse or neglect is verified: 13 | |
| 119 | - | ||
| 120 | - | (i) a determination of the identity of the person or persons 14 | |
| 121 | - | responsible for the abuse or neglect; 15 | |
| 122 | - | ||
| 123 | - | (ii) a determination of the name, age, and condition of any other 16 | |
| 124 | - | child in the household; 17 | |
| 125 | - | ||
| 126 | - | (iii) an evaluation of the parents and the home environment; 18 | |
| 127 | - | ||
| 128 | - | (iv) a determination of any other pertinent facts or matters; and 19 | |
| 129 | - | ||
| 130 | - | (v) a determination of any needed services. 20 | |
| 131 | - | ||
| 132 | - | (e) On request by the local department, the local State’s Attorney shall assist in 21 | |
| 133 | - | an investigation under subsections (c) and (d) of this section. 22 | |
| 134 | - | ||
| 135 | - | (f) The local department, the appropriate law enforcement agencies, the State’s 23 | |
| 136 | - | Attorney within each county and Baltimore City, the local department’s office responsible 24 | |
| 137 | - | for child care regulation, the local health officer, and the local child advocacy center shall 25 | |
| 138 | - | enter into a written agreement that specifies standard operating procedures for the 26 | |
| 139 | - | investigation under subsections (c) and (d) of this section and prosecution of reported cases 27 | |
| 140 | - | of suspected abuse or neglect. 28 | |
| 141 | - | ||
| 142 | - | (g) (1) The agencies responsible for investigating reported cases of suspected 29 | |
| 143 | - | sexual abuse, including the local department, the appropriate law enforcement agencies, 30 | |
| 144 | - | and the local State’s Attorney, shall implement a joint investigation procedure for 31 | |
| 145 | - | conducting joint investigations of sexual abuse under subsections (c) and (d) of this section. 32 4 SENATE BILL 820 | |
| 48 | + | (iv) the provision of or referral for necessary services. 22 2 SENATE BILL 820 | |
| 146 | 49 | ||
| 147 | 50 | ||
| 148 | 51 | ||
| 149 | - | (2) | |
| 52 | + | (2) “Alternative response” does not include: 1 | |
| 150 | 53 | ||
| 151 | - | (i) include appropriate techniques for expediting validation of 2 | |
| 152 | - | sexual abuse complaints; 3 | |
| 54 | + | (i) an investigation; or 2 | |
| 153 | 55 | ||
| 154 | - | (ii) include investigation techniques designed to: 4 | |
| 56 | + | (ii) a formal determination as to whether child abuse or neglect has 3 | |
| 57 | + | occurred. 4 | |
| 155 | 58 | ||
| 156 | - | 1. decrease the potential for physical harm to the child; and 5 | |
| 59 | + | (b) Promptly after receiving a report of suspected abuse or neglect of a child who 5 | |
| 60 | + | lives in this State that is alleged to have occurred in this State, the local department or the 6 | |
| 61 | + | appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough 7 | |
| 62 | + | investigation of a report of suspected abuse or neglect to protect the health, safety, and 8 | |
| 63 | + | welfare of the child or children. 9 | |
| 157 | 64 | ||
| 158 | - | 2. decrease any trauma experienced by the child in the 6 | |
| 159 | - | investigation and prosecution of the case; 7 | |
| 65 | + | (c) Within 24 hours after receiving a report of suspected physical or sexual abuse 10 | |
| 66 | + | of a child who lives in this State that is alleged to have occurred in this State, and within 5 11 | |
| 67 | + | days after receiving a report of suspected neglect or suspected mental injury of a child who 12 | |
| 68 | + | lives in this State that is alleged to have occurred in this State, the local department or the 13 | |
| 69 | + | appropriate law enforcement agency shall: 14 | |
| 160 | 70 | ||
| 161 | - | (iii) establish an ongoing training program for personnel involved in 8 | |
| 162 | - | the investigation or prosecution of sexual abuse cases; and 9 | |
| 71 | + | (1) see the child; 15 | |
| 163 | 72 | ||
| 164 | - | (iv) include screening to determine whether a child is a victim of sex 10 | |
| 165 | - | trafficking. 11 | |
| 73 | + | (2) attempt to have an on–site interview with the child’s caretaker; 16 | |
| 166 | 74 | ||
| 167 | - | (h) (1) To the extent possible, an investigation under subsections (c) and (d) of 12 | |
| 168 | - | this section shall be completed within 10 days after receipt of the first notice of the 13 | |
| 169 | - | suspected abuse or neglect by the local department or law enforcement agencies. 14 | |
| 75 | + | (3) decide on the safety of the child, wherever the child is, and of other 17 | |
| 76 | + | children in the household; and 18 | |
| 170 | 77 | ||
| 171 | - | (2) An investigation under subsections (c) and (d) of this section that is not 15 | |
| 172 | - | completed within 30 days shall be completed within 60 days of receipt of the first notice of 16 | |
| 173 | - | the suspected abuse or neglect. 17 | |
| 78 | + | (4) decide on the safety of other children in the care or custody of the 19 | |
| 79 | + | alleged abuser. 20 | |
| 174 | 80 | ||
| 175 | - | (i) Within 5 business days after completion of the investigation of suspected 18 | |
| 176 | - | abuse of a child who lives in this State that is alleged to have occurred in this State, the 19 | |
| 177 | - | local department and the appropriate law enforcement agency, if that agency participated 20 | |
| 178 | - | in the investigation, shall make a complete written report of its findings to the local State’s 21 | |
| 179 | - | Attorney. 22 | |
| 81 | + | (d) The investigation under subsection (c) of this section shall include: 21 | |
| 180 | 82 | ||
| 181 | - | (j) Promptly after receiving a report of suspected abuse or neglect of a child who 23 | |
| 182 | - | lives in this State that is alleged to have occurred outside of this State, the local department 24 | |
| 183 | - | shall: 25 | |
| 83 | + | (1) a determination of the nature, extent, and cause of the abuse or neglect, 22 | |
| 84 | + | if any; 23 | |
| 184 | 85 | ||
| 185 | - | (1) forward the report to the appropriate agency outside of this State that 26 | |
| 186 | - | is authorized to receive and investigate reports of suspected abuse or neglect; 27 | |
| 86 | + | (2) if mental injury is suspected, an assessment by two of the following: 24 | |
| 187 | 87 | ||
| 188 | - | ( | |
| 189 | - | ||
| 88 | + | (i) a licensed physician, as defined in § 14–101 of the Health 25 | |
| 89 | + | Occupations Article; 26 | |
| 190 | 90 | ||
| 191 | - | (3) if determined appropriate by the local department: 30 | |
| 91 | + | (ii) a licensed psychologist, as defined in § 18–101 of the Health 27 | |
| 92 | + | Occupations Article; or 28 | |
| 192 | 93 | ||
| 193 | - | ( | |
| 194 | - | ||
| 94 | + | (iii) a licensed social worker, as defined in § 19–101 of the Health 29 | |
| 95 | + | Occupations Article; and 30 | |
| 195 | 96 | ||
| 196 | - | ||
| 197 | - | (ii) provide services to the child and the child’s family. 1 | |
| 198 | - | ||
| 199 | - | (k) Notwithstanding the provisions of this section, the Secretary may implement 2 | |
| 200 | - | an alternative response program for selected reports of abuse or neglect. 3 | |
| 201 | - | ||
| 202 | - | (l) (1) The Department shall convene a multidisciplinary alternative response 4 | |
| 203 | - | advisory council. 5 | |
| 204 | - | ||
| 205 | - | (2) The advisory council shall consist of the following members: 6 | |
| 206 | - | ||
| 207 | - | (i) the Secretary of Human Services, or the Secretary’s designee; 7 | |
| 208 | - | ||
| 209 | - | (ii) the Secretary of Health, or the Secretary’s designee; 8 | |
| 210 | - | ||
| 211 | - | (iii) the State Superintendent of Schools, or the Superintendent’s 9 | |
| 212 | - | designee; 10 | |
| 213 | - | ||
| 214 | - | (iv) a representative from the Maryland Disability Law Center; 11 | |
| 215 | - | ||
| 216 | - | (v) a representative from a child advocacy organization; 12 | |
| 217 | - | ||
| 218 | - | (vi) a representative from a community partner or a local service 13 | |
| 219 | - | provider; 14 | |
| 220 | - | ||
| 221 | - | (vii) a pediatrician with experience in diagnosing and treating 15 | |
| 222 | - | injuries related to abuse and neglect; 16 | |
| 223 | - | ||
| 224 | - | (viii) an attorney with experience representing children or adults in 17 | |
| 225 | - | abuse and neglect cases; 18 | |
| 226 | - | ||
| 227 | - | (ix) a representative from the Office of the Public Defender; 19 | |
| 228 | - | ||
| 229 | - | (x) a parent or guardian who has personal experience with the child 20 | |
| 230 | - | protective services system; 21 | |
| 231 | - | ||
| 232 | - | (xi) a child who has personal experience with the child protective 22 | |
| 233 | - | services system; 23 | |
| 234 | - | ||
| 235 | - | (xii) two representatives from local departments of social services; 24 | |
| 236 | - | and 25 | |
| 237 | - | ||
| 238 | - | (xiii) two representatives from local citizens review panels. 26 | |
| 239 | - | ||
| 240 | - | (3) The Secretary of Human Services or the Secretary’s designee shall be 27 | |
| 241 | - | the chair of the advisory council. 28 | |
| 242 | - | ||
| 243 | - | (4) The advisory council shall advise the Department on: 29 6 SENATE BILL 820 | |
| 97 | + | (3) if the suspected abuse or neglect is verified: 31 SENATE BILL 820 3 | |
| 244 | 98 | ||
| 245 | 99 | ||
| 246 | 100 | ||
| 247 | - | (i) | |
| 248 | - | ||
| 101 | + | (i) a determination of the identity of the person or persons 1 | |
| 102 | + | responsible for the abuse or neglect; 2 | |
| 249 | 103 | ||
| 250 | - | (ii) | |
| 251 | - | ||
| 104 | + | (ii) a determination of the name, age, and condition of any other 3 | |
| 105 | + | child in the household; 4 | |
| 252 | 106 | ||
| 253 | - | (iii) consulting with local citizens review panels, local services 5 | |
| 254 | - | affiliates, and other local partners for feedback and recommendations on the alternative 6 | |
| 255 | - | response implementation plan; 7 | |
| 107 | + | (iii) an evaluation of the parents and the home environment; 5 | |
| 256 | 108 | ||
| 257 | - | (iv) defining the scope of the independent evaluation of the 8 | |
| 258 | - | implementation of the alternative response program; and 9 | |
| 109 | + | (iv) a determination of any other pertinent facts or matters; and 6 | |
| 259 | 110 | ||
| 260 | - | (v) defining the scope of the ongoing evaluation of the alternative 10 | |
| 261 | - | response program. 11 | |
| 111 | + | (v) a determination of any needed services. 7 | |
| 262 | 112 | ||
| 263 | - | ( | |
| 264 | - | ||
| 113 | + | (e) On request by the local department, the local State’s Attorney shall assist in 8 | |
| 114 | + | an investigation under subsections (c) and (d) of this section. 9 | |
| 265 | 115 | ||
| 266 | - | (n) A report that is not assigned for an alternative response shall be assigned for 14 | |
| 267 | - | investigation in accordance with this section. 15 | |
| 116 | + | (f) The local department, the appropriate law enforcement agencies, the State’s 10 | |
| 117 | + | Attorney within each county and Baltimore City, the local department’s office responsible 11 | |
| 118 | + | for child care regulation, the local health officer, and the local child advocacy center shall 12 | |
| 119 | + | enter into a written agreement that specifies standard operating procedures for the 13 | |
| 120 | + | investigation under subsections (c) and (d) of this section and prosecution of reported cases 14 | |
| 121 | + | of suspected abuse or neglect. 15 | |
| 268 | 122 | ||
| 269 | - | (o) The following reports of suspected abuse or neglect may not be assigned for an 16 | |
| 270 | - | alternative response: 17 | |
| 123 | + | (g) (1) The agencies responsible for investigating reported cases of suspected 16 | |
| 124 | + | sexual abuse, including the local department, the appropriate law enforcement agencies, 17 | |
| 125 | + | and the local State’s Attorney, shall implement a joint investigation procedure for 18 | |
| 126 | + | conducting joint investigations of sexual abuse under subsections (c) and (d) of this section. 19 | |
| 271 | 127 | ||
| 272 | - | ( | |
| 128 | + | (2) The joint investigation procedure shall: 20 | |
| 273 | 129 | ||
| 274 | - | (2) abuse or neglect: 19 | |
| 130 | + | (i) include appropriate techniques for expediting validation of 21 | |
| 131 | + | sexual abuse complaints; 22 | |
| 275 | 132 | ||
| 276 | - | ( | |
| 133 | + | (ii) include investigation techniques designed to: 23 | |
| 277 | 134 | ||
| 278 | - | | |
| 135 | + | 1. decrease the potential for physical harm to the child; and 24 | |
| 279 | 136 | ||
| 280 | - | (iii) if, in the previous 3 years, the individual suspected of abuse or 22 | |
| 281 | - | neglect has been identified as responsible for abuse or neglect as documented in the records 23 | |
| 282 | - | of the local department; or 24 | |
| 137 | + | 2. decrease any trauma experienced by the child in the 25 | |
| 138 | + | investigation and prosecution of the case; 26 | |
| 283 | 139 | ||
| 284 | - | (iv) if the individual suspected of abuse or neglect has had one report 25 | |
| 285 | - | assigned for an alternative response within the past 12 months or two reports assigned for 26 | |
| 286 | - | an alternative response within the past 24 months. 27 | |
| 140 | + | (iii) establish an ongoing training program for personnel involved in 27 | |
| 141 | + | the investigation or prosecution of sexual abuse cases; and 28 | |
| 287 | 142 | ||
| 288 | - | ( | |
| 289 | - | ||
| 143 | + | (iv) include screening to determine whether a child is a victim of sex 29 | |
| 144 | + | trafficking. 30 | |
| 290 | 145 | ||
| 291 | - | (1) a reassessment of the report or relevant facts; 30 | |
| 146 | + | (h) (1) To the extent possible, an investigation under subsections (c) and (d) of 31 4 SENATE BILL 820 | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | this section shall be completed within 10 days after receipt of the first notice of the 1 | |
| 150 | + | suspected abuse or neglect by the local department or law enforcement agencies. 2 | |
| 151 | + | ||
| 152 | + | (2) An investigation under subsections (c) and (d) of this section that is not 3 | |
| 153 | + | completed within 30 days shall be completed within 60 days of receipt of the first notice of 4 | |
| 154 | + | the suspected abuse or neglect. 5 | |
| 155 | + | ||
| 156 | + | (i) Within 5 business days after completion of the investigation of suspected 6 | |
| 157 | + | abuse of a child who lives in this State that is alleged to have occurred in this State, the 7 | |
| 158 | + | local department and the appropriate law enforcement agency, if that agency participated 8 | |
| 159 | + | in the investigation, shall make a complete written report of its findings to the local State’s 9 | |
| 160 | + | Attorney. 10 | |
| 161 | + | ||
| 162 | + | (j) Promptly after receiving a report of suspected abuse or neglect of a child who 11 | |
| 163 | + | lives in this State that is alleged to have occurred outside of this State, the local department 12 | |
| 164 | + | shall: 13 | |
| 165 | + | ||
| 166 | + | (1) forward the report to the appropriate agency outside of this State that 14 | |
| 167 | + | is authorized to receive and investigate reports of suspected abuse or neglect; 15 | |
| 168 | + | ||
| 169 | + | (2) cooperate to the extent requested with the out–of–state agency 16 | |
| 170 | + | investigating the report; and 17 | |
| 171 | + | ||
| 172 | + | (3) if determined appropriate by the local department: 18 | |
| 173 | + | ||
| 174 | + | (i) interview the child to assess whether the child is safe; and 19 | |
| 175 | + | ||
| 176 | + | (ii) provide services to the child and the child’s family. 20 | |
| 177 | + | ||
| 178 | + | (k) Notwithstanding the provisions of this section, the Secretary may implement 21 | |
| 179 | + | an alternative response program for selected reports of abuse or neglect. 22 | |
| 180 | + | ||
| 181 | + | (l) (1) The Department shall convene a multidisciplinary alternative response 23 | |
| 182 | + | advisory council. 24 | |
| 183 | + | ||
| 184 | + | (2) The advisory council shall consist of the following members: 25 | |
| 185 | + | ||
| 186 | + | (i) the Secretary of Human Services, or the Secretary’s designee; 26 | |
| 187 | + | ||
| 188 | + | (ii) the Secretary of Health, or the Secretary’s designee; 27 | |
| 189 | + | ||
| 190 | + | (iii) the State Superintendent of Schools, or the Superintendent’s 28 | |
| 191 | + | designee; 29 | |
| 192 | + | ||
| 193 | + | (iv) a representative from the Maryland Disability Law Center; 30 | |
| 194 | + | ||
| 195 | + | (v) a representative from a child advocacy organization; 31 SENATE BILL 820 5 | |
| 196 | + | ||
| 197 | + | ||
| 198 | + | ||
| 199 | + | (vi) a representative from a community partner or a local service 1 | |
| 200 | + | provider; 2 | |
| 201 | + | ||
| 202 | + | (vii) a pediatrician with experience in diagnosing and treating 3 | |
| 203 | + | injuries related to abuse and neglect; 4 | |
| 204 | + | ||
| 205 | + | (viii) an attorney with experience representing children or adults in 5 | |
| 206 | + | abuse and neglect cases; 6 | |
| 207 | + | ||
| 208 | + | (ix) a representative from the Office of the Public Defender; 7 | |
| 209 | + | ||
| 210 | + | (x) a parent or guardian who has personal experience with the child 8 | |
| 211 | + | protective services system; 9 | |
| 212 | + | ||
| 213 | + | (xi) a child who has personal experience with the child protective 10 | |
| 214 | + | services system; 11 | |
| 215 | + | ||
| 216 | + | (xii) two representatives from local departments of social services; 12 | |
| 217 | + | and 13 | |
| 218 | + | ||
| 219 | + | (xiii) two representatives from local citizens review panels. 14 | |
| 220 | + | ||
| 221 | + | (3) The Secretary of Human Services or the Secretary’s designee shall be 15 | |
| 222 | + | the chair of the advisory council. 16 | |
| 223 | + | ||
| 224 | + | (4) The advisory council shall advise the Department on: 17 | |
| 225 | + | ||
| 226 | + | (i) the development of the alternative response implementation 18 | |
| 227 | + | plan, which may include a pilot program; 19 | |
| 228 | + | ||
| 229 | + | (ii) oversight and monitoring of the alternative response 20 | |
| 230 | + | implementation plan; 21 | |
| 231 | + | ||
| 232 | + | (iii) consulting with local citizens review panels, local services 22 | |
| 233 | + | affiliates, and other local partners for feedback and recommendations on the alternative 23 | |
| 234 | + | response implementation plan; 24 | |
| 235 | + | ||
| 236 | + | (iv) defining the scope of the independent evaluation of the 25 | |
| 237 | + | implementation of the alternative response program; and 26 | |
| 238 | + | ||
| 239 | + | (v) defining the scope of the ongoing evaluation of the alternative 27 | |
| 240 | + | response program. 28 | |
| 241 | + | ||
| 242 | + | (m) Only a low risk report of abuse or neglect may be considered for an alternative 29 | |
| 243 | + | response. 30 | |
| 244 | + | 6 SENATE BILL 820 | |
| 245 | + | ||
| 246 | + | ||
| 247 | + | (n) A report that is not assigned for an alternative response shall be assigned for 1 | |
| 248 | + | investigation in accordance with this section. 2 | |
| 249 | + | ||
| 250 | + | (o) The following reports of suspected abuse or neglect may not be assigned for an 3 | |
| 251 | + | alternative response: 4 | |
| 252 | + | ||
| 253 | + | (1) sexual abuse; and 5 | |
| 254 | + | ||
| 255 | + | (2) abuse or neglect: 6 | |
| 256 | + | ||
| 257 | + | (i) occurring in an out–of–home placement; 7 | |
| 258 | + | ||
| 259 | + | (ii) resulting in death or serious physical or mental injury; 8 | |
| 260 | + | ||
| 261 | + | (iii) if, in the previous 3 years, the individual suspected of abuse or 9 | |
| 262 | + | neglect has been identified as responsible for abuse or neglect as documented in the records 10 | |
| 263 | + | of the local department; or 11 | |
| 264 | + | ||
| 265 | + | (iv) if the individual suspected of abuse or neglect has had one report 12 | |
| 266 | + | assigned for an alternative response within the past 12 months or two reports assigned for 13 | |
| 267 | + | an alternative response within the past 24 months. 14 | |
| 268 | + | ||
| 269 | + | (p) A report assigned for an alternative response may be reassigned at any time 15 | |
| 270 | + | for an immediate investigation based on any of the following factors and circumstances: 16 | |
| 271 | + | ||
| 272 | + | (1) a reassessment of the report or relevant facts; 17 | |
| 273 | + | ||
| 274 | + | (2) a determination that the case satisfies a criterion in subsection (o) of 18 | |
| 275 | + | this section; or 19 | |
| 276 | + | ||
| 277 | + | (3) a family’s inability or refusal to participate in the alternative response 20 | |
| 278 | + | assessment. 21 | |
| 279 | + | ||
| 280 | + | (q) A report assigned for an investigation may be reassigned for an alternative 22 | |
| 281 | + | response at any time based on: 23 | |
| 282 | + | ||
| 283 | + | (1) a reassessment of the report or relevant facts that demonstrate that the 24 | |
| 284 | + | case meets the criteria for an alternative response; 25 | |
| 285 | + | ||
| 286 | + | (2) a determination that accepted services would address all issues of risk 26 | |
| 287 | + | of abuse or neglect and child safety; and 27 | |
| 288 | + | ||
| 289 | + | (3) approval by a caseworker supervisor. 28 | |
| 290 | + | ||
| 291 | + | (r) When a report is referred for an alternative response, the local department 29 | |
| 292 | + | shall: 30 | |
| 292 | 293 | SENATE BILL 820 7 | |
| 293 | 294 | ||
| 294 | 295 | ||
| 295 | - | ( | |
| 296 | - | ||
| 296 | + | (1) see the child and the child’s parent or primary caretaker within 24 1 | |
| 297 | + | hours of receiving a report of physical abuse; 2 | |
| 297 | 298 | ||
| 298 | - | ( | |
| 299 | - | ||
| 299 | + | (2) see the child and the child’s parent or primary caretaker within 5 days 3 | |
| 300 | + | of receiving a report of neglect; 4 | |
| 300 | 301 | ||
| 301 | - | ( | |
| 302 | - | ||
| 302 | + | (3) attempt to have an on–site interview with the child’s parent or primary 5 | |
| 303 | + | caretaker; 6 | |
| 303 | 304 | ||
| 304 | - | (1) a reassessment of the report or relevant facts that demonstrate that the 7 | |
| 305 | - | case meets the criteria for an alternative response; 8 | |
| 305 | + | (4) evaluate the child’s home environment; 7 | |
| 306 | 306 | ||
| 307 | - | ( | |
| 308 | - | ||
| 307 | + | (5) decide on the safety of the child, wherever the child is, and of other 8 | |
| 308 | + | children in the household; 9 | |
| 309 | 309 | ||
| 310 | - | (3) approval by a caseworker supervisor. 11 | |
| 310 | + | (6) decide on the safety of other children in the care or custody of the 10 | |
| 311 | + | individual suspected of abuse or neglect; 11 | |
| 311 | 312 | ||
| 312 | - | (r) When a report is referred for an alternative response, the local department 12 | |
| 313 | - | shall: 13 | |
| 313 | + | (7) advise the appropriate law enforcement agency that the report has been 12 | |
| 314 | + | assigned for an alternative response, if the law enforcement agency made the report of 13 | |
| 315 | + | abuse or neglect; 14 | |
| 314 | 316 | ||
| 315 | - | (1) see the child and the child’s parent or primary caretaker within 24 14 | |
| 316 | - | hours of receiving a report of physical abuse; 15 | |
| 317 | + | (8) inform the individual suspected of child abuse or neglect of the 15 | |
| 318 | + | allegations made against the individual in a manner consistent with laws protecting the 16 | |
| 319 | + | rights of the person who made the report; 17 | |
| 317 | 320 | ||
| 318 | - | ( | |
| 319 | - | ||
| 321 | + | (9) complete an alternative response assessment within 60 days after the 18 | |
| 322 | + | receipt of the report; 19 | |
| 320 | 323 | ||
| 321 | - | (3) attempt to have an on–site interview with the child’s parent or primary 18 | |
| 322 | - | caretaker; 19 | |
| 324 | + | (10) within 10 days after completing the alternative response assessment, 20 | |
| 325 | + | provide a written report to the family members who are participating in the alternative 21 | |
| 326 | + | response assessment as to whether and what services are necessary to address: 22 | |
| 323 | 327 | ||
| 324 | - | ( | |
| 328 | + | (i) the safety of the child or other children in the household; and 23 | |
| 325 | 329 | ||
| 326 | - | (5) decide on the safety of the child, wherever the child is, and of other 21 | |
| 327 | - | children in the household; 22 | |
| 330 | + | (ii) the risk of subsequent abuse or neglect; and 24 | |
| 328 | 331 | ||
| 329 | - | (6) decide on the safety of other children in the care or custody of the 23 | |
| 330 | - | individual suspected of abuse or neglect; 24 | |
| 332 | + | (11) consistent with the assessment and any safety or services plans: 25 | |
| 331 | 333 | ||
| 332 | - | (7) advise the appropriate law enforcement agency that the report has been 25 | |
| 333 | - | assigned for an alternative response, if the law enforcement agency made the report of 26 | |
| 334 | - | abuse or neglect; 27 | |
| 334 | + | (i) render any appropriate services in the best interests of the child; 26 | |
| 335 | 335 | ||
| 336 | - | (8) inform the individual suspected of child abuse or neglect of the 28 | |
| 337 | - | allegations made against the individual in a manner consistent with laws protecting the 29 | |
| 338 | - | rights of the person who made the report; 30 | |
| 336 | + | (ii) refer the family or child for additional services; or 27 | |
| 339 | 337 | ||
| 340 | - | (9) complete an alternative response assessment within 60 days after the 31 | |
| 341 | - | receipt of the report; 32 8 SENATE BILL 820 | |
| 338 | + | (iii) as necessary for the safety of the child or other children in the 28 | |
| 339 | + | household, establish a plan to monitor the safety plan and the provision or completion of 29 | |
| 340 | + | appropriate services. 30 | |
| 341 | + | ||
| 342 | + | (s) The local department: 31 8 SENATE BILL 820 | |
| 342 | 343 | ||
| 343 | 344 | ||
| 344 | 345 | ||
| 345 | - | (10) within 10 days after completing the alternative response assessment, 1 | |
| 346 | - | provide a written report to the family members who are participating in the alternative 2 | |
| 347 | - | response assessment as to whether and what services are necessary to address: 3 | |
| 346 | + | (1) shall: 1 | |
| 348 | 347 | ||
| 349 | - | (i) the safety of the child or other children in the household; and 4 | |
| 348 | + | (i) maintain complete records related to an alternative response and 2 | |
| 349 | + | services for 3 years after the report was received if there is no subsequent child welfare 3 | |
| 350 | + | involvement; and 4 | |
| 350 | 351 | ||
| 351 | - | (ii) the risk of subsequent abuse or neglect; and 5 | |
| 352 | + | (ii) expunge complete records related to an alternative response and 5 | |
| 353 | + | services if there is no subsequent child welfare involvement after 3 years; 6 | |
| 352 | 354 | ||
| 353 | - | (11) consistent with the assessment and any safety or services plans: 6 | |
| 355 | + | (2) may not use or disclose records related to an alternative response for 7 | |
| 356 | + | purposes of responding to a request for background information for employment or 8 | |
| 357 | + | voluntary services; and 9 | |
| 354 | 358 | ||
| 355 | - | (i) render any appropriate services in the best interests of the child; 7 | |
| 359 | + | (3) shall protect from disclosure records related to an alternative response 10 | |
| 360 | + | in accordance with § 1–202 of the Human Services Article. 11 | |
| 356 | 361 | ||
| 357 | - | (ii) refer the family or child for additional services; or 8 | |
| 362 | + | (T) (1) A LOCAL DEPARTMENT THAT FAILS TO CONDUCT AN 12 | |
| 363 | + | INVESTIGATION OR COMPLETE A REPORT WITHIN THE TIME FRAMES REQUIRED BY 13 | |
| 364 | + | THIS SECTION SHALL: 14 | |
| 358 | 365 | ||
| 359 | - | (iii) as necessary for the safety of the child or other children in the 9 | |
| 360 | - | household, establish a plan to monitor the safety plan and the provision or completion of 10 | |
| 361 | - | appropriate services. 11 | |
| 366 | + | (I) REPORT THE DELAY AND THE REASON FOR T HE DELAY TO 15 | |
| 367 | + | THE SUPERVISOR WITHI N THE LOCAL DEPARTME NT; AND 16 | |
| 362 | 368 | ||
| 363 | - | (s) The local department: 12 | |
| 369 | + | (II) MAINTAIN A RECORD OF THE DELAY AND THE RE ASON FOR 17 | |
| 370 | + | THE DELAY IN THE CHI LD’S CASE FILE MAINTAIN ED BY THE LOCAL DEPA RTMENT. 18 | |
| 364 | 371 | ||
| 365 | - | (1) shall: 13 | |
| 372 | + | (2) A LOCAL DEPARTMENT SUP ERVISOR WHO RECEIVES A REPORT OF 19 | |
| 373 | + | A DELAY UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL REVIEW AND SIGN THE 20 | |
| 374 | + | REPORT. 21 | |
| 366 | 375 | ||
| 367 | - | (i) maintain complete records related to an alternative response and 14 | |
| 368 | - | services for 3 years after the report was received if there is no subsequent child welfare 15 | |
| 369 | - | involvement; and 16 | |
| 376 | + | (3) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 22 | |
| 377 | + | THEREAFTER , THE DEPARTMENT SHALL, SUBJECT TO § 2–1257 OF THE STATE 23 | |
| 378 | + | GOVERNMENT ARTICLE, REPORT TO THE GENERAL ASSEMBLY ON THE PROGRESS 24 | |
| 379 | + | OF LOCAL DEPARTMENTS IN COMPLYING WITH THE T IME FRAMES FOR CONDUCTING 25 | |
| 380 | + | INVESTIGATION S AND COMPLETING REPORTS UNDER THIS SECTION . 26 | |
| 370 | 381 | ||
| 371 | - | (ii) expunge complete records related to an alternative response and 17 | |
| 372 | - | services if there is no subsequent child welfare involvement after 3 years; 18 | |
| 373 | - | ||
| 374 | - | (2) may not use or disclose records related to an alternative response for 19 | |
| 375 | - | purposes of responding to a request for background information for employment or 20 | |
| 376 | - | voluntary services; and 21 | |
| 377 | - | ||
| 378 | - | (3) shall protect from disclosure records related to an alternative response 22 | |
| 379 | - | in accordance with § 1–202 of the Human Services Article. 23 | |
| 380 | - | ||
| 381 | - | (T) (1) A LOCAL DEPARTMENT THA T FAILS TO CONDUCT A N 24 | |
| 382 | - | INVESTIGATION OR COM PLETE A REPORT WITHI N THE TIME FRAMES RE QUIRED BY 25 | |
| 383 | - | THIS SECTION SHALL : 26 | |
| 384 | - | ||
| 385 | - | (I) REPORT THE DELAY AND THE REASON FOR THE D ELAY TO 27 | |
| 386 | - | THE SUPERVISOR WITHI N THE LOCAL DEPARTMENT ; AND 28 | |
| 387 | - | ||
| 388 | - | (II) MAINTAIN A RECORD OF THE DELAY AND THE RE ASON FOR 29 | |
| 389 | - | THE DELAY IN THE CHI LD’S CASE FILE MAINTAIN ED BY THE LOCAL DEPA RTMENT. 30 SENATE BILL 820 9 | |
| 390 | - | ||
| 391 | - | ||
| 392 | - | ||
| 393 | - | (2) A LOCAL DEPARTMENT SUP ERVISOR WHO RECEIVES A REPORT OF 1 | |
| 394 | - | A DELAY UNDER PARAGR APH (1) OF THIS SUBSECTION SHALL REV IEW AND SIGN THE 2 | |
| 395 | - | REPORT. 3 | |
| 396 | - | ||
| 397 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 4 | |
| 398 | - | as follows: 5 | |
| 399 | - | ||
| 400 | - | Article – Family Law 6 | |
| 401 | - | ||
| 402 | - | 5–706. 7 | |
| 403 | - | ||
| 404 | - | (T) THE DEPARTMENT SHALL IMPL EMENT POLICIES TO EN SURE THAT IF A 8 | |
| 405 | - | LOCAL DEPARTMENT OR THE APPROPRIATE LAW ENFO RCEMENT AGENCY FAILS TO 9 | |
| 406 | - | SEE A CHILD IN ACCOR DANCE WITH THE TIME FRAMES ESTABLISHED U NDER 10 | |
| 407 | - | SUBSECTION (C) OF THIS SECTION: 11 | |
| 408 | - | ||
| 409 | - | (1) THE REASON FOR THE D ELAY IS DOCUMENTED I N THE CHILD’S 12 | |
| 410 | - | CASE FILE; AND 13 | |
| 411 | - | ||
| 412 | - | (2) A SUPERVISOR AT THE LOCAL DEPARTMENT : 14 | |
| 413 | - | ||
| 414 | - | (I) IS NOTIFIED OF THE D ELAY IN ORDER TO SUP PORT STAFF IN 15 | |
| 415 | - | MAKING INITIAL CONTA CT WITH THE CHILD ; AND 16 | |
| 416 | - | ||
| 417 | - | (II) REVIEWS THE DOCUMENT ATION REQUIRED UNDER ITEM (1) 17 | |
| 418 | - | OF THIS SUBSECTION D URING THE REVIEW OF THE FINAL INVESTIGATION REPORT . 18 | |
| 419 | - | ||
| 420 | - | (U) (1) THE DEPARTMENT SHALL PREP ARE AND ISSUE A QUAR TERLY 19 | |
| 421 | - | REPORT IDENTIFYING I NVESTIGATIONS OR REP ORTS THAT ARE NOT CO MPLETED 20 | |
| 422 | - | WITHIN THE TIME FRAM ES REQUIRED BY THIS SECTION. 21 | |
| 423 | - | ||
| 424 | - | (2) THE REPORTS REQUIRED UNDER THIS SUBSECTIO N SHALL 22 | |
| 425 | - | INCLUDE AN EXPLANATION FOR EACH DELAY , COMPILED BY THE DEPA RTMENT OF 23 | |
| 426 | - | HUMAN RESOURCES WITH INPUT FROM THE LOCAL DEPARTMENTS . 24 | |
| 427 | - | ||
| 428 | - | (3) ON OR BEFORE DECEMBER 1, 2022, AND EACH DECEMBER 1 25 | |
| 429 | - | THEREAFTER , THE DEPARTMENT SHALL , SUBJECT TO § 2–1257 OF THE STATE 26 | |
| 430 | - | GOVERNMENT ARTICLE, REPORT TO THE GENERAL ASSEMBLY ON THE PROGR ESS 27 | |
| 431 | - | OF LOCAL DEPARTMENTS IN COMPLYING WITH TH E TIME FRAMES FOR CO NDUCTING 28 | |
| 432 | - | INVESTIGATIONS AND C OMPLETING REPORTS UN DER THIS SECTION . 29 | |
| 433 | - | ||
| 434 | - | SECTION 3. AND BE IT FURTHER ENACTED, That: 30 | |
| 435 | - | 10 SENATE BILL 820 | |
| 436 | - | ||
| 437 | - | ||
| 438 | - | (a) On or before December 1, 2023, the State Department of Human Services 1 | |
| 439 | - | shall: 2 | |
| 440 | - | ||
| 441 | - | (1) assess studies and methodologies related to analyzing workloads in 3 | |
| 442 | - | child welfare systems; and 4 | |
| 443 | - | ||
| 444 | - | (2) report to the Joint Audit and Evaluation Committee, the Senate Budget 5 | |
| 445 | - | and Taxation Committee, and the House Appropriations Committee, in accordance with § 6 | |
| 446 | - | 2–1257 of the State Government Article, on a plan to develop a child welfare workload 7 | |
| 447 | - | assessment in the State based on best practices and the assessments made under item (1) 8 | |
| 448 | - | of this subsection. 9 | |
| 449 | - | ||
| 450 | - | (b) On or before December 1, 2024, the State Department of Human Services 10 | |
| 451 | - | shall: 11 | |
| 452 | - | ||
| 453 | - | (1) complete the child welfare workload assessment developed under 12 | |
| 454 | - | subsection (a) of this section; and 13 | |
| 455 | - | ||
| 456 | - | (2) report to the Joint Audit and Evaluation Committee, the Senate Budget 14 | |
| 457 | - | and Taxation Committee, and the House Appropriations Committee, in accordance with § 15 | |
| 458 | - | 2–1257 of the State Government Article, on: 16 | |
| 459 | - | ||
| 460 | - | (i) the outcome of the assessment; 17 | |
| 461 | - | ||
| 462 | - | (ii) a plan to address understaffing in the State’s child welfare 18 | |
| 463 | - | system; 19 | |
| 464 | - | ||
| 465 | - | (iii) estimates of the cost to address understaffing in the State’s child 20 | |
| 466 | - | welfare system; and 21 | |
| 467 | - | ||
| 468 | - | (iv) the benefits to children and families in the State of a properly 22 | |
| 469 | - | staffed child welfare system. 23 | |
| 470 | - | ||
| 471 | - | SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 24 | |
| 472 | - | October 1, 2022. Section 2 of this Act shall remain effective for a period of 5 years and, at 25 | |
| 473 | - | the end of September 30, 2027, Section 2 of this Act, with no further action required by the 26 | |
| 474 | - | General Assembly, shall be abrogated and of no further force and effect. 27 | |
| 475 | - | ||
| 382 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 | |
| 383 | + | October 1, 2022. 28 |