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.
*sb0089*
SENATE BILL 89
D4, O4 4lr1442
SB 631/23 – JPR (PRE–FILED)
By: Senator James
Requested: November 1, 2023
Introduced and read first time: January 10, 2024
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 2024
CHAPTER ______
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 2 SENATE BILL 89
1–203. 1
(a) (1) In this section the following words have the meanings indicated. 2
(2) “Local department” means the department of social services that has 3
jurisdiction in the county: 4
(i) where the allegedly abused or neglected child lives; or 5
(ii) if different, where the abuse or neglect is alleged to have taken 6
place. 7
(3) “Local director” means the director of the local department. 8
(4) “Medical report” means a psychological, psychiatric, therapeutic, 9
clinical, or medical report or evaluation related to the allegedly abused or neglected child, 10
a sibling of the child, or another child in the household, family, or care of the alleged abuser 11
or neglector. 12
(5) “Secretary” means the Secretary of Human Services. 13
(b) (1) Notwithstanding any other provision of law AND SUBJECT TO 14
PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , the local director or the Secretary shall, 15
[on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information concerning child 16
abuse or neglect [in accordance with subsection (c) of this section] if THE CHILD: 17
[(i) the information is limited to actions or omissions of the local 18
department, the Department of Human Services, or an agent of the Department of Human 19
Services; 20
(ii) the child named in a report of abuse or neglect has suffered a 21
fatality or near fatality; and 22
(iii) 1. the local director or the Secretary has consulted the State’s 23
Attorney’s office; and 24
2. the State’s Attorney’s office has advised the local director 25
or the Secretary that disclosure of the information would not jeopardize or prejudice a 26
related investigation or prosecution.] 27
(I) WAS IN THE CUSTODY O F A LOCAL OR STATE DEPARTMENT 28
OR AGENCY, OR IN THE CARE OF A FOSTER PARENT ; 29
SENATE BILL 89 3
(II) IS THE SUBJECT OF AN INVESTIGATION , A REPORT, A 1
REFERRAL, OR A COMPLAINT RECEI VED BY A LOCAL OR STATE DEPARTMENT OR 2
AGENCY; AND 3
(III) SUFFERED A FATALITY OR NEAR FATALITY . 4
(2) INFORMATION DISCLOSED IN ACCORDANCE WITH P ARAGRAPH (1) 5
OF THIS SUBSECTION S HALL BE LIMITED TO A CTIONS OR OMISSIONS OF THE LOCAL 6
DEPARTMENT , THE DEPARTMENT OF HUMAN SERVICES, OR AN AGENT OF THE 7
DEPARTMENT OF HUMAN SERVICES. 8
(2) (3) (I) ON RECEIVING A REQUES T TO DISCLOSE 9
INFORMATION IN ACCOR DANCE WITH PARAGRAPH (1) OF THIS SUBSECTION , THE 10
SECRETARY PROMPTLY SH ALL NOTIFY THE STATE’S ATTORNEY’S OFFICE OF THE 11
REQUEST. 12
(II) THE STATE’S ATTORNEY’S OFFICE SHALL BE ALLOWED 30 13
DAYS AFTER RECEIPT O F THE NOTICE REQUIRE D UNDER SUBPARAGRAPH (I) OF 14
THIS PARAGRAPH TO RE DACT FROM THE RECORD ANY PORTION OF THE R ECORD 15
THAT, IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 16
ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE ARISING FROM THE 17
INCIDENT. 18
[(2)] (3) (4) (i) If the [local director or the Secretary does not disclose 19
information under paragraph (1) of this subsection because the State’s Attorney has 20
advised that disclosure of the information would jeopardize or prejudice a related 21
investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INF ORMATION IN 22
ACCORDANCE WITH PARA GRAPH (2)(II) (3)(II) OF THIS SUBSECTION , the State’s 23
Attorney shall notify the local director or the Secretary within 10 days after the conclusion 24
of the related investigation or prosecution. 25
(ii) Within 30 days after notification from the State’s Attorney under 26
subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 27
information in accordance with this section. 28
(c) [Before disclosing the information: 29
(1) the local director or the Secretary shall consult the State’s Attorney’s 30
office; and 31
(2) the local director and the Secretary shall consult each other. 32
[(d)] Subject to subsection [(e)] (D) of this section, the local director or the Secretary 33
shall disclose: 34
4 SENATE BILL 89
(1) the name of the allegedly abused or neglected child who has suffered a 1
fatality; 2
(2) the date of the report of the alleged child abuse or neglect and of any 3
prior or subsequent reports; 4
(3) the findings made by the local department at the conclusion of its 5
investigation and the disposition made by the local department based on its findings; 6
(4) any services provided to the alleged abuser or neglector, the allegedly 7
abused or neglected child, and the household or family members; 8
(5) the number of referrals for professional services for the alleged abuser 9
or neglector, the allegedly abused or neglected child, and the household or family members; 10
(6) any prior adjudication as a child in need of assistance of the allegedly 11
abused or neglected child, a sibling of the child, or another child in the household, family, 12
or care of the alleged abuser or neglector; 13
(7) the status of any case involving the child that was open at the time of 14
the fatality or near fatality; 15
(8) a summary of the facts of the fatality or near fatality, including the date 16
of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 17
the medical examiner; and 18
(9) any information concerning the circumstances of the alleged child 19
abuse or neglect and the investigation of the circumstances, if the local director or the 20
Secretary determines that the disclosure is consistent with the public interest. 21
[(e)] (D) (1) The local director or the Secretary may not: 22
(i) disclose the identity of or provide an identifying description of 23
the person who made the report; 24
(ii) disclose the name of a child who has suffered a near fatality, a 25
sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 26
neglected child, an individual legally responsible for the child, the alleged abuser or 27
neglector, or another household or family member; 28
(iii) except as provided in paragraph (2) of this subsection, disclose a 29
medical report; or 30
(iv) except for the information described in subsection [(d)] (C) of this 31
section, disclose the file relating to the allegedly abused or neglected child. 32
SENATE BILL 89 5
(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 1
local director or the Secretary may disclose a medical report related to the cause of the 2
child’s injury or death as a result of the alleged abuse or neglect. 3
[(f)] (E) In consultation with the local directors, the Secretary shall develop a 4
form for disclosure of the information described in subsection [(d)] (C) of this section. 5
[(g)] (F) This section does not grant a right to any person to receive the 6
information described in subsection [(d)] (C) of this section. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2024. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.