Maryland 2023 Regular Session

Maryland House Bill HB1019 Compare Versions

Only one version of the bill is available at this time.

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	5	hb1019
6	6
7	7	HOUSE BILL 1019
8	8	D4, O4 3lr2276
9	9
10	10	By: Delegate McComas
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Child Abuse and Neglect – Reports and Records – Disclosure 2
19	19	(Anderson’s Law) 3
20	20
21	21	FOR the purpose of requiring that certain reports and records of child abuse and neglect be 4
22	22	disclosed on request after the local State’s Attorney’s office has been provided a 5
23	23	certain amount of time to redact certain information; and generally relating to the 6
24	24	confidentiality of reports and records of child abuse and neglect. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Human Services 9
28	28	Section 1–203 10
29	29	Annotated Code of Maryland 11
30	30	(2019 Replacement Volume and 2022 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Human Services 15
36	36
37	37	1–203. 16
38	38
39	39	(a) (1) In this section the following words have the meanings indicated. 17
40	40
41	41	(2) “Local department” means the department of social services that has 18
42	42	jurisdiction in the county: 19
43	43
44	44	(i) where the allegedly abused or neglected child lives; or 20
45	45
46	46	(ii) if different, where the abuse or neglect is alleged to have taken 21
47	47	place. 22
48	48	2 HOUSE BILL 1019
49	49
50	50
51	51	(3) “Local director” means the director of the local department. 1
52	52
53	53	(4) “Medical report” means a psychological, psychiatric, therapeutic, 2
54	54	clinical, or medical report or evaluation related to the allegedly abused or neglected child, 3
55	55	a sibling of the child, or another child in the household, family, or care of the alleged abuser 4
56	56	or neglector. 5
57	57
58	58	(5) “Secretary” means the Secretary of Human Services. 6
59	59
60	60	(b) [(1)] Notwithstanding any other provision of law, the local director or the 7
61	61	Secretary shall, on request, disclose information concerning child abuse or neglect in 8
62	62	accordance with subsection (c) of this section if: 9
63	63
64	64	[(i)] (1) the information is limited to actions or omissions of the 10
65	65	local department, the Department of Human Services, or an agent of the Department of 11
66	66	Human Services; 12
67	67
68	68	[(ii)] (2) the child named in a report of abuse or neglect has suffered 13
69	69	a fatality or near fatality; and 14
70	70
71	71	[(iii) 1.] (3) (I) the local director or the Secretary has consulted the 15
72	72	State’s Attorney’s office; and 16
73	73
74	74	[2.] (II) the State’s Attorney’s office [has advised the local 17
75	75	director or the Secretary that disclosure of the information would not jeopardize or 18
76	76	prejudice a related investigation or prosecution] IS PROVIDED 30 BUSINESS DAYS AFTE R 19
77	77	THE CONSULTATION TO REDACT FROM THE RECO RD TO BE RELEASED ANY P ORTION 20
78	78	OF THE RECORD THAT , IF MADE PUBLIC , WOULD SERIOUSLY HINDER THE ABILITY 21
79	79	OF THE STATE’S ATTORNEY TO PROSECUTE A CRIMINAL CASE ARIS ING FROM THE 22
80	80	INCIDENT. 23
81	81
82	82	[(2) (i) If the local director or the Secretary does not disclose information 24
83	83	under paragraph (1) of this subsection because the State’s Attorney has advised that 25
84	84	disclosure of the information would jeopardize or prejudice a related investigation or 26
85	85	prosecution, the State’s Attorney shall notify the local director or the Secretary within 10 27
86	86	days after the conclusion of the related investigation or prosecution. 28
87	87
88	88	(ii) Within 30 days after notification from the State’s Attorney under 29
89	89	subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 30
90	90	information in accordance with this section.] 31
91	91
92	92	(c) Before disclosing the information: 32
93	93
94	94	(1) the local director or the Secretary shall consult the State’s Attorney’s 33
95	95	office; and 34
96	96	HOUSE BILL 1019 3
97	97
98	98
99	99	(2) the local director and the Secretary shall consult each other. 1
100	100
101	101	(d) Subject to [subsection] SUBSECTIONS (B)(3)(II) AND (e) of this section, the 2
102	102	local director or the Secretary shall disclose: 3
103	103
104	104	(1) the name of the allegedly abused or neglected child who has suffered a 4
105	105	fatality; 5
106	106
107	107	(2) the date of the report of the alleged child abuse or neglect and of any 6
108	108	prior or subsequent reports; 7
109	109
110	110	(3) the findings made by the local department at the conclusion of its 8
111	111	investigation and the disposition made by the local department based on its findings; 9
112	112
113	113	(4) any services provided to the alleged abuser or neglector, the allegedly 10
114	114	abused or neglected child, and the household or family members; 11
115	115
116	116	(5) the number of referrals for professional services for the alleged abuser 12
117	117	or neglector, the allegedly abused or neglected child, and the household or family members; 13
118	118
119	119	(6) any prior adjudication as a child in need of assistance of the allegedly 14
120	120	abused or neglected child, a sibling of the child, or another child in the household, family, 15
121	121	or care of the alleged abuser or neglector; 16
122	122
123	123	(7) the status of any case involving the child that was open at the time of 17
124	124	the fatality or near fatality; 18
125	125
126	126	(8) a summary of the facts of the fatality or near fatality, including the date 19
127	127	of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 20
128	128	the medical examiner; and 21
129	129
130	130	(9) any information concerning the circumstances of the alleged child 22
131	131	abuse or neglect and the investigation of the circumstances, if the local director or the 23
132	132	Secretary determines that the disclosure is consistent with the public interest. 24
133	133
134	134	(e) (1) The local director or the Secretary may not: 25
135	135
136	136	(i) disclose the identity of or provide an identifying description of 26
137	137	the person who made the report; 27
138	138
139	139	(ii) disclose the name of a child who has suffered a near fatality, a 28
140	140	sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 29
141	141	neglected child, an individual legally responsible for the child, the alleged abuser or 30
142	142	neglector, or another household or family member; 31
143	143
144	144	(iii) except as provided in paragraph (2) of this subsection, disclose a 32
145	145	medical report; or 33 4 HOUSE BILL 1019
146	146
147	147
148	148
149	149	(iv) except for the information described in subsection (d) of this 1
150	150	section, disclose the file relating to the allegedly abused or neglected child. 2
151	151
152	152	(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 3
153	153	local director or the Secretary may disclose a medical report related to the cause of the 4
154	154	child’s injury or death as a result of the alleged abuse or neglect. 5
155	155
156	156	(f) In consultation with the local directors, the Secretary shall develop a form for 6
157	157	disclosure of the information described in subsection (d) of this section. 7
158	158
159	159	(g) This section does not grant a right to any person to receive the information 8
160	160	described in subsection (d) of this section. 9
161	161
162	162	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
163	163	October 1, 2023. 11
164	164