| 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 | *sb0089* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 89 | |
| 11 | 8 | D4, O4 4lr1442 | |
| 12 | 9 | SB 631/23 – JPR (PRE–FILED) | |
| 13 | 10 | By: Senator James | |
| 14 | 11 | Requested: November 1, 2023 | |
| 15 | 12 | Introduced and read first time: January 10, 2024 | |
| 16 | 13 | Assigned to: Judicial Proceedings | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: February 22, 2024 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Child Abuse and Neglect – Reports and Records – Disclosure 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring a local director of a local department of social services or the 3 | |
| 28 | 22 | Secretary of Human Services to disclose certain reports and records of child abuse 4 | |
| 29 | 23 | and neglect within a certain period of time if certain conditions are met; requiring 5 | |
| 30 | 24 | the Secretary to notify the State’s Attorney’s office of a request to disclose certain 6 | |
| 31 | 25 | reports and records of child abuse and neglect; requiring the State’s Attorney’s office 7 | |
| 32 | 26 | to be given a certain period of time during which the office is authorized to redact 8 | |
| 33 | 27 | certain portions of the reports and records under certain circumstances; requiring 9 | |
| 34 | 28 | the State’s Attorney’s office, if the office redacts certain information, to notify the 10 | |
| 35 | 29 | local director or the Secretary within a certain period of time after the conclusion of 11 | |
| 36 | 30 | the related investigation or prosecution; and generally relating to the disclosure of 12 | |
| 37 | 31 | reports and records of child abuse and neglect. 13 | |
| 38 | 32 | ||
| 39 | 33 | BY repealing and reenacting, with amendments, 14 | |
| 40 | 34 | Article – Human Services 15 | |
| 41 | 35 | Section 1–203 16 | |
| 42 | 36 | Annotated Code of Maryland 17 | |
| 43 | 37 | (2019 Replacement Volume and 2023 Supplement) 18 | |
| 44 | 38 | ||
| 45 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 46 | 40 | That the Laws of Maryland read as follows: 20 | |
| 47 | 41 | ||
| 48 | - | Article – Human Services 21 2 SENATE BILL 89 | |
| 42 | + | Article – Human Services 21 | |
| 43 | + | ||
| 44 | + | 1–203. 22 | |
| 45 | + | ||
| 46 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
| 47 | + | 2 SENATE BILL 89 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (2) “Local department” means the department of social services that has 1 | |
| 51 | + | jurisdiction in the county: 2 | |
| 51 | 52 | ||
| 52 | - | ||
| 53 | + | (i) where the allegedly abused or neglected child lives; or 3 | |
| 53 | 54 | ||
| 54 | - | (a) (1) In this section the following words have the meanings indicated. 2 | |
| 55 | + | (ii) if different, where the abuse or neglect is alleged to have taken 4 | |
| 56 | + | place. 5 | |
| 55 | 57 | ||
| 56 | - | (2) “Local department” means the department of social services that has 3 | |
| 57 | - | jurisdiction in the county: 4 | |
| 58 | + | (3) “Local director” means the director of the local department. 6 | |
| 58 | 59 | ||
| 59 | - | (i) where the allegedly abused or neglected child lives; or 5 | |
| 60 | + | (4) “Medical report” means a psychological, psychiatric, therapeutic, 7 | |
| 61 | + | clinical, or medical report or evaluation related to the allegedly abused or neglected child, 8 | |
| 62 | + | a sibling of the child, or another child in the household, family, or care of the alleged abuser 9 | |
| 63 | + | or neglector. 10 | |
| 60 | 64 | ||
| 61 | - | (ii) if different, where the abuse or neglect is alleged to have taken 6 | |
| 62 | - | place. 7 | |
| 65 | + | (5) “Secretary” means the Secretary of Human Services. 11 | |
| 63 | 66 | ||
| 64 | - | (3) “Local director” means the director of the local department. 8 | |
| 67 | + | (b) (1) Notwithstanding any other provision of law, the local director or the 12 | |
| 68 | + | Secretary shall, [on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information 13 | |
| 69 | + | concerning child abuse or neglect [in accordance with subsection (c) of this section] if THE 14 | |
| 70 | + | CHILD: 15 | |
| 65 | 71 | ||
| 66 | - | (4) “Medical report” means a psychological, psychiatric, therapeutic, 9 | |
| 67 | - | clinical, or medical report or evaluation related to the allegedly abused or neglected child, 10 | |
| 68 | - | a sibling of the child, or another child in the household, family, or care of the alleged abuser 11 | |
| 69 | - | or neglector. 12 | |
| 72 | + | [(i) the information is limited to actions or omissions of the local 16 | |
| 73 | + | department, the Department of Human Services, or an agent of the Department of Human 17 | |
| 74 | + | Services; 18 | |
| 70 | 75 | ||
| 71 | - | (5) “Secretary” means the Secretary of Human Services. 13 | |
| 76 | + | (ii) the child named in a report of abuse or neglect has suffered a 19 | |
| 77 | + | fatality or near fatality; and 20 | |
| 72 | 78 | ||
| 73 | - | (b) (1) Notwithstanding any other provision of law AND SUBJECT TO 14 | |
| 74 | - | PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , the local director or the Secretary shall, 15 | |
| 75 | - | [on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information concerning child 16 | |
| 76 | - | abuse or neglect [in accordance with subsection (c) of this section] if THE CHILD: 17 | |
| 79 | + | (iii) 1. the local director or the Secretary has consulted the State’s 21 | |
| 80 | + | Attorney’s office; and 22 | |
| 77 | 81 | ||
| 78 | - | | |
| 79 | - | ||
| 80 | - | ||
| 82 | + | 2. the State’s Attorney’s office has advised the local director 23 | |
| 83 | + | or the Secretary that disclosure of the information would not jeopardize or prejudice a 24 | |
| 84 | + | related investigation or prosecution.] 25 | |
| 81 | 85 | ||
| 82 | - | ( | |
| 83 | - | ||
| 86 | + | (I) WAS IN THE CUSTODY O F A LOCAL OR STATE DEPARTMENT 26 | |
| 87 | + | OR AGENCY, OR IN THE CARE OF A FOSTER PARENT ; 27 | |
| 84 | 88 | ||
| 85 | - | (iii) 1. the local director or the Secretary has consulted the State’s 23 | |
| 86 | - | Attorney’s office; and 24 | |
| 89 | + | (II) IS THE SUBJECT OF AN INVESTIGATION, A REPORT, A 28 | |
| 90 | + | REFERRAL, OR A COMPLAINT RECEI VED BY A LOCAL OR STATE DEPARTMENT OR 29 | |
| 91 | + | AGENCY; AND 30 | |
| 87 | 92 | ||
| 88 | - | 2. the State’s Attorney’s office has advised the local director 25 | |
| 89 | - | or the Secretary that disclosure of the information would not jeopardize or prejudice a 26 | |
| 90 | - | related investigation or prosecution.] 27 | |
| 91 | - | ||
| 92 | - | (I) WAS IN THE CUSTODY O F A LOCAL OR STATE DEPARTMENT 28 | |
| 93 | - | OR AGENCY, OR IN THE CARE OF A FOSTER PARENT ; 29 | |
| 93 | + | (III) SUFFERED A FATALITY OR NEAR FATALITY . 31 | |
| 94 | 94 | SENATE BILL 89 3 | |
| 95 | 95 | ||
| 96 | 96 | ||
| 97 | - | ( | |
| 98 | - | ||
| 99 | - | ||
| 97 | + | (2) (I) ON RECEIVING A REQUES T TO DISCLOSE INFORM ATION IN 1 | |
| 98 | + | ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION, THE SECRETARY 2 | |
| 99 | + | PROMPTLY SHALL NOTIF Y THE STATE’S ATTORNEY’S OFFICE OF THE REQU EST. 3 | |
| 100 | 100 | ||
| 101 | - | (III) SUFFERED A FATALITY OR NEAR FATALITY . 4 | |
| 101 | + | (II) THE STATE’S ATTORNEY’S OFFICE SHALL BE AL LOWED 30 4 | |
| 102 | + | DAYS AFTER RECEIPT OF THE NOTIC E REQUIRED UNDER SUB PARAGRAPH (I) OF 5 | |
| 103 | + | THIS PARAGRAPH TO RE DACT FROM THE R ECORD ANY PORTION OF THE RECORD 6 | |
| 104 | + | THAT, IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 7 | |
| 105 | + | ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE AR ISING FROM THE 8 | |
| 106 | + | INCIDENT. 9 | |
| 102 | 107 | ||
| 103 | - | (2) INFORMATION DISCLOSED IN ACCORDANCE WITH P ARAGRAPH (1) 5 | |
| 104 | - | OF THIS SUBSECTION S HALL BE LIMITED TO A CTIONS OR OMISSIONS OF THE LOCAL 6 | |
| 105 | - | DEPARTMENT , THE DEPARTMENT OF HUMAN SERVICES, OR AN AGENT OF THE 7 | |
| 106 | - | DEPARTMENT OF HUMAN SERVICES. 8 | |
| 108 | + | [(2)] (3) (i) If the [local director or the Secretary does not disclose 10 | |
| 109 | + | information under paragraph (1) of this subsection because the State’s Attorney has 11 | |
| 110 | + | advised that disclosure of the information would jeopardize or prejudice a related 12 | |
| 111 | + | investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INF ORMATION IN 13 | |
| 112 | + | ACCORDANCE W ITH PARAGRAPH (2)(II) OF THIS SUBSECTION , the State’s Attorney 14 | |
| 113 | + | shall notify the local director or the Secretary within 10 days after the conclusion of the 15 | |
| 114 | + | related investigation or prosecution. 16 | |
| 107 | 115 | ||
| 108 | - | (2) (3) (I) ON RECEIVING A REQUES T TO DISCLOSE 9 | |
| 109 | - | INFORMATION IN ACCOR DANCE WITH PARAGRAPH (1) OF THIS SUBSECTION , THE 10 | |
| 110 | - | SECRETARY PROMPTLY SH ALL NOTIFY THE STATE’S ATTORNEY’S OFFICE OF THE 11 | |
| 111 | - | REQUEST. 12 | |
| 116 | + | (ii) Within 30 days after notification from the State’s Attorney under 17 | |
| 117 | + | subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 18 | |
| 118 | + | information in accordance with this section. 19 | |
| 112 | 119 | ||
| 113 | - | (II) THE STATE’S ATTORNEY’S OFFICE SHALL BE ALLOWED 30 13 | |
| 114 | - | DAYS AFTER RECEIPT O F THE NOTICE REQUIRE D UNDER SUBPARAGRAPH (I) OF 14 | |
| 115 | - | THIS PARAGRAPH TO RE DACT FROM THE RECORD ANY PORTION OF THE R ECORD 15 | |
| 116 | - | THAT, IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 16 | |
| 117 | - | ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE ARISING FROM THE 17 | |
| 118 | - | INCIDENT. 18 | |
| 120 | + | (c) [Before disclosing the information: 20 | |
| 119 | 121 | ||
| 120 | - | [(2)] (3) (4) (i) If the [local director or the Secretary does not disclose 19 | |
| 121 | - | information under paragraph (1) of this subsection because the State’s Attorney has 20 | |
| 122 | - | advised that disclosure of the information would jeopardize or prejudice a related 21 | |
| 123 | - | investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INF ORMATION IN 22 | |
| 124 | - | ACCORDANCE WITH PARA GRAPH (2)(II) (3)(II) OF THIS SUBSECTION , the State’s 23 | |
| 125 | - | Attorney shall notify the local director or the Secretary within 10 days after the conclusion 24 | |
| 126 | - | of the related investigation or prosecution. 25 | |
| 122 | + | (1) the local director or the Secretary shall consult the State’s Attorney’s 21 | |
| 123 | + | office; and 22 | |
| 127 | 124 | ||
| 128 | - | (ii) Within 30 days after notification from the State’s Attorney under 26 | |
| 129 | - | subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 27 | |
| 130 | - | information in accordance with this section. 28 | |
| 125 | + | (2) the local director and the Secretary shall consult each other. 23 | |
| 131 | 126 | ||
| 132 | - | (c) [Before disclosing the information: 29 | |
| 127 | + | [(d)] Subject to subsection [(e)] (D) of this section, the local director or the Secretary 24 | |
| 128 | + | shall disclose: 25 | |
| 133 | 129 | ||
| 134 | - | (1) the | |
| 135 | - | ||
| 130 | + | (1) the name of the allegedly abused or neglected child who has suffered a 26 | |
| 131 | + | fatality; 27 | |
| 136 | 132 | ||
| 137 | - | (2) the local director and the Secretary shall consult each other. 32 | |
| 133 | + | (2) the date of the report of the alleged child abuse or neglect and of any 28 | |
| 134 | + | prior or subsequent reports; 29 | |
| 138 | 135 | ||
| 139 | - | [(d)] Subject to subsection [(e)] (D) of this section, the local director or the Secretary 33 | |
| 140 | - | shall disclose: 34 | |
| 136 | + | (3) the findings made by the local department at the conclusion of its 30 | |
| 137 | + | investigation and the disposition made by the local department based on its findings; 31 | |
| 138 | + | ||
| 139 | + | (4) any services provided to the alleged abuser or neglector, the allegedly 32 | |
| 140 | + | abused or neglected child, and the household or family members; 33 | |
| 141 | 141 | 4 SENATE BILL 89 | |
| 142 | 142 | ||
| 143 | 143 | ||
| 144 | - | ( | |
| 145 | - | ||
| 144 | + | (5) the number of referrals for professional services for the alleged abuser 1 | |
| 145 | + | or neglector, the allegedly abused or neglected child, and the household or family members; 2 | |
| 146 | 146 | ||
| 147 | - | (2) the date of the report of the alleged child abuse or neglect and of any 3 | |
| 148 | - | prior or subsequent reports; 4 | |
| 147 | + | (6) any prior adjudication as a child in need of assistance of the allegedly 3 | |
| 148 | + | abused or neglected child, a sibling of the child, or another child in the household, family, 4 | |
| 149 | + | or care of the alleged abuser or neglector; 5 | |
| 149 | 150 | ||
| 150 | - | ( | |
| 151 | - | ||
| 151 | + | (7) the status of any case involving the child that was open at the time of 6 | |
| 152 | + | the fatality or near fatality; 7 | |
| 152 | 153 | ||
| 153 | - | (4) any services provided to the alleged abuser or neglector, the allegedly 7 | |
| 154 | - | abused or neglected child, and the household or family members; 8 | |
| 154 | + | (8) a summary of the facts of the fatality or near fatality, including the date 8 | |
| 155 | + | of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 9 | |
| 156 | + | the medical examiner; and 10 | |
| 155 | 157 | ||
| 156 | - | (5) the number of referrals for professional services for the alleged abuser 9 | |
| 157 | - | or neglector, the allegedly abused or neglected child, and the household or family members; 10 | |
| 158 | + | (9) any information concerning the circumstances of the alleged child 11 | |
| 159 | + | abuse or neglect and the investigation of the circumstances, if the local director or the 12 | |
| 160 | + | Secretary determines that the disclosure is consistent with the public interest. 13 | |
| 158 | 161 | ||
| 159 | - | (6) any prior adjudication as a child in need of assistance of the allegedly 11 | |
| 160 | - | abused or neglected child, a sibling of the child, or another child in the household, family, 12 | |
| 161 | - | or care of the alleged abuser or neglector; 13 | |
| 162 | + | [(e)] (D) (1) The local director or the Secretary may not: 14 | |
| 162 | 163 | ||
| 163 | - | ( | |
| 164 | - | the | |
| 164 | + | (i) disclose the identity of or provide an identifying description of 15 | |
| 165 | + | the person who made the report; 16 | |
| 165 | 166 | ||
| 166 | - | (8) a summary of the facts of the fatality or near fatality, including the date 16 | |
| 167 | - | of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 17 | |
| 168 | - | the medical examiner; and 18 | |
| 167 | + | (ii) disclose the name of a child who has suffered a near fatality, a 17 | |
| 168 | + | sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 18 | |
| 169 | + | neglected child, an individual legally responsible for the child, the alleged abuser or 19 | |
| 170 | + | neglector, or another household or family member; 20 | |
| 169 | 171 | ||
| 170 | - | (9) any information concerning the circumstances of the alleged child 19 | |
| 171 | - | abuse or neglect and the investigation of the circumstances, if the local director or the 20 | |
| 172 | - | Secretary determines that the disclosure is consistent with the public interest. 21 | |
| 172 | + | (iii) except as provided in paragraph (2) of this subsection, disclose a 21 | |
| 173 | + | medical report; or 22 | |
| 173 | 174 | ||
| 174 | - | [(e)] (D) (1) The local director or the Secretary may not: 22 | |
| 175 | + | (iv) except for the information described in subsection [(d)] (C) of this 23 | |
| 176 | + | section, disclose the file relating to the allegedly abused or neglected child. 24 | |
| 175 | 177 | ||
| 176 | - | (i) disclose the identity of or provide an identifying description of 23 | |
| 177 | - | the person who made the report; 24 | |
| 178 | + | (2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 25 | |
| 179 | + | local director or the Secretary may disclose a medical report related to the cause of the 26 | |
| 180 | + | child’s injury or death as a result of the alleged abuse or neglect. 27 | |
| 178 | 181 | ||
| 179 | - | (ii) disclose the name of a child who has suffered a near fatality, a 25 | |
| 180 | - | sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 26 | |
| 181 | - | neglected child, an individual legally responsible for the child, the alleged abuser or 27 | |
| 182 | - | neglector, or another household or family member; 28 | |
| 182 | + | [(f)] (E) In consultation with the local directors, the Secretary shall develop a 28 | |
| 183 | + | form for disclosure of the information described in subsection [(d)] (C) of this section. 29 | |
| 183 | 184 | ||
| 184 | - | ( | |
| 185 | - | ||
| 185 | + | [(g)] (F) This section does not grant a right to any person to receive the 30 | |
| 186 | + | information described in subsection [(d)] (C) of this section. 31 | |
| 186 | 187 | ||
| 187 | - | (iv) except for the information described in subsection [(d)] (C) of this 31 | |
| 188 | - | section, disclose the file relating to the allegedly abused or neglected child. 32 | |
| 189 | - | SENATE BILL 89 5 | |
| 190 | - | ||
| 191 | - | ||
| 192 | - | (2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 1 | |
| 193 | - | local director or the Secretary may disclose a medical report related to the cause of the 2 | |
| 194 | - | child’s injury or death as a result of the alleged abuse or neglect. 3 | |
| 195 | - | ||
| 196 | - | [(f)] (E) In consultation with the local directors, the Secretary shall develop a 4 | |
| 197 | - | form for disclosure of the information described in subsection [(d)] (C) of this section. 5 | |
| 198 | - | ||
| 199 | - | [(g)] (F) This section does not grant a right to any person to receive the 6 | |
| 200 | - | information described in subsection [(d)] (C) of this section. 7 | |
| 201 | - | ||
| 202 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
| 203 | - | October 1, 2024. 9 | |
| 204 | - | ||
| 205 | - | ||
| 206 | - | ||
| 207 | - | ||
| 208 | - | Approved: | |
| 209 | - | ________________________________________________________________________________ | |
| 210 | - | Governor. | |
| 211 | - | ________________________________________________________________________________ | |
| 212 | - | President of the Senate. | |
| 213 | - | ________________________________________________________________________________ | |
| 214 | - | Speaker of the House of Delegates. | |
| 188 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32 | |
| 189 | + | October 1, 2024. 33 |