EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0937*
HOUSE BILL 937
D4, O4 4lr1982
SB 631/23 – JPR
By: Delegates McComas, Buckel, Chisholm, Ciliberti, Ghrist, Grammer,
Hornberger, Mangione, Miller, Rose, and Schmidt
Introduced and read first time: February 2, 2024
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Child Abuse and Neglect – Reports and Records – Disclosure 2
FOR the purpose of requiring a local director of a local department of social services or the 3
Secretary of Human Services to disclose certain reports and records of child abuse 4
and neglect within a certain period of time if certain conditions are met; requiring 5
the Secretary to notify the State’s Attorney’s office of a request to disclose certain 6
reports and records of child abuse and neglect; requiring the State’s Attorney’s office 7
to be given a certain period of time during which the office is authorized to redact 8
certain portions of the reports and records under certain circumstances; requiring 9
the State’s Attorney’s office, if the office redacts certain information, to notify the 10
local director or the Secretary within a certain period of time after the conclusion of 11
the related investigation or prosecution; and generally relating to the disclosure of 12
reports and records of child abuse and neglect. 13
BY repealing and reenacting, with amendments, 14
Article – Human Services 15
Section 1–203 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Human Services 21
1–203. 22
(a) (1) In this section the following words have the meanings indicated. 23
2 HOUSE BILL 937
(2) “Local department” means the department of social services that has 1
jurisdiction in the county: 2
(i) where the allegedly abused or neglected child lives; or 3
(ii) if different, where the abuse or neglect is alleged to have taken 4
place. 5
(3) “Local director” means the director of the local department. 6
(4) “Medical report” means a psychological, psychiatric, therapeutic, 7
clinical, or medical report or evaluation related to the allegedly abused or neglected child, 8
a sibling of the child, or another child in the household, family, or care of the alleged abuser 9
or neglector. 10
(5) “Secretary” means the Secretary of Human Services. 11
(b) (1) Notwithstanding any other provision of law, the local director or the 12
Secretary shall, [on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information 13
concerning child abuse or neglect in accordance with subsection (c) of this section if THE 14
CHILD: 15
(i) [the information is limited to actions or omissions of the local 16
department, the Department of Human Services, or an agent of the Department of Human 17
Services; 18
(ii) the child named in a report of abuse or neglect has suffered a 19
fatality or near fatality; and 20
(iii) 1. the local director or the Secretary has consulted the State’s 21
Attorney’s office; and 22
2. the State’s Attorney’s office has advised the local director 23
or the Secretary that disclosure of the information would not jeopardize or prejudice a 24
related investigation or prosecution] WAS IN THE CUSTODY O F A LOCAL OR STATE 25
DEPARTMENT OR AGENCY , OR IN THE CARE OF A FOSTER PARENT ; 26
(II) IS THE SUBJECT OF AN INVESTIGATION , A REPORT, A 27
REFERRAL, OR A COMPLAINT RECEI VED BY A LOCAL OR STATE DEPARTMENT OR 28
AGENCY; AND 29
(III) SUFFERED A FATALITY OR NEAR FATALITY . 30
(2) (I) ON RECEIVING A REQUES T TO DISCLOSE INFOR MATION IN 31
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION , THE SECRETARY 32
PROMPTLY SHALL NOTIF Y THE STATE’S ATTORNEY’S OFFICE OF THE REQU EST. 33 HOUSE BILL 937 3
(II) THE STATE’S ATTORNEY’S OFFICE SHALL BE AL LOWED 30 1
DAYS FROM RECEIPT OF THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF THIS 2
PARAGRAPH TO REDACT FROM THE RECORD ANY PORTION OF THE RECOR D THAT, 3
IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 4
ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE AR ISING FROM THE 5
INCIDENT. 6
[(2)] (3) (i) If the [local director or the Secretary does not disclose 7
information under paragraph (1) of this subsection because the State’s Attorney has 8
advised that disclosure of the information would jeopardize or prejudice a related 9
investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INF ORMATION IN 10
ACCORDANCE WITH PARA GRAPH (2)(II) OF THIS SUBSECTION , the State’s Attorney 11
shall notify the local director or the Secretary within 10 days after the conclusion of the 12
related investigation or prosecution. 13
(ii) Within 30 days after notification from the State’s Attorney under 14
subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 15
information in accordance with this section. 16
(c) Before disclosing the information: 17
(1) the local director or the Secretary shall consult the State’s Attorney’s 18
office; and 19
(2) the local director and the Secretary shall consult each other. 20
(d) Subject to subsection (e) of this section, the local director or the Secretary shall 21
disclose: 22
(1) the name of the allegedly abused or neglected child who has suffered a 23
fatality; 24
(2) the date of the report of the alleged child abuse or neglect and of any 25
prior or subsequent reports; 26
(3) the findings made by the local department at the conclusion of its 27
investigation and the disposition made by the local department based on its findings; 28
(4) any services provided to the alleged abuser or neglector, the allegedly 29
abused or neglected child, and the household or family members; 30
(5) the number of referrals for professional services for the alleged abuser 31
or neglector, the allegedly abused or neglected child, and the household or family members; 32
4 HOUSE BILL 937
(6) any prior adjudication as a child in need of assistance of the allegedly 1
abused or neglected child, a sibling of the child, or another child in the household, family, 2
or care of the alleged abuser or neglector; 3
(7) the status of any case involving the child that was open at the time of 4
the fatality or near fatality; 5
(8) a summary of the facts of the fatality or near fatality, including the date 6
of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 7
the medical examiner; and 8
(9) any information concerning the circumstances of the alleged child 9
abuse or neglect and the investigation of the circumstances, if the local director or the 10
Secretary determines that the disclosure is consistent with the public interest. 11
(e) (1) The local director or the Secretary may not: 12
(i) disclose the identity of or provide an identifying description of 13
the person who made the report; 14
(ii) disclose the name of a child who has suffered a near fatality, a 15
sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 16
neglected child, an individual legally responsible for the child, the alleged abuser or 17
neglector, or another household or family member; 18
(iii) except as provided in paragraph (2) of this subsection, disclose a 19
medical report; or 20
(iv) except for the information described in subsection (d) of this 21
section, disclose the file relating to the allegedly abused or neglected child. 22
(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 23
local director or the Secretary may disclose a medical report related to the cause of the 24
child’s injury or death as a result of the alleged abuse or neglect. 25
(f) In consultation with the local directors, the Secretary shall develop a form for 26
disclosure of the information described in subsection (d) of this section. 27
(g) This section does not grant a right to any person to receive the information 28
described in subsection (d) of this section. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2024. 31