EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1209*
HOUSE BILL 1209
D4, O4 5lr2753
SB 89/24 – JPR CF 5lr2758
By: Delegates McComas and Grammer
Introduced and read first time: February 6, 2025
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 2024 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) “Local department” means the department of social services that has 24
jurisdiction in the county: 25 2 HOUSE BILL 1209
(i) where the allegedly abused or neglected child lives; or 1
(ii) if different, where the abuse or neglect is alleged to have taken 2
place. 3
(3) “Local director” means the director of the local department. 4
(4) “Medical report” means a psychological, psychiatric, therapeutic, 5
clinical, or medical report or evaluation related to the allegedly abused or neglected child, 6
a sibling of the child, or another child in the household, family, or care of the alleged abuser 7
or neglector. 8
(5) “Secretary” means the Secretary of Human Services. 9
(b) (1) Notwithstanding any other provision of law AND SUBJECT TO 10
PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , the local director or the Secretary shall, 11
[on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information concerning child 12
abuse or neglect [in accordance with subsection (c) of this section] if THE CHILD: 13
[(i) the information is limited to actions or omissions of the local 14
department, the Department of Human Services, or an agent of the Department of Human 15
Services; 16
(ii) the child named in a report of abuse or neglect has suffered a 17
fatality or near fatality; and 18
(iii) 1. the local director or the Secretary has consulted the State’s 19
Attorney’s office; and 20
2. the State’s Attorney’s office has advised the local director 21
or the Secretary that disclosure of the information would not jeopardize or prejudice a 22
related investigation or prosecution.] 23
(I) WAS IN THE CUSTODY O F A LOCAL OR STATE DEPARTMENT 24
OR AGENCY, OR IN THE CARE OF A FOST ER PARENT; 25
(II) IS THE SUBJECT OF AN INVESTIGATION , A REPORT, A 26
REFERRAL, OR A COMPLAINT RECEI VED BY A LOCAL OR STATE DEPARTMENT OR 27
AGENCY; AND 28
(III) SUFFERED A FATALITY OR NEAR FATALITY . 29
(2) INFORMATION DISCLOSED IN ACCORDAN CE WITH PARAGRAPH (1) 30
OF THIS SUBSECTION S HALL BE LIMITED TO A CTIONS OR OMISSIONS OF THE LOCAL 31 HOUSE BILL 1209 3
DEPARTMENT , THE DEPARTMENT OF HUMAN SERVICES, OR AN AGENT OF THE 1
DEPARTMENT OF HUMAN SERVICES. 2
(3) (I) ON RECEIVING A REQUES T TO DISCLOSE INFORM ATION IN 3
ACCORDANCE WITH PARAGRAP H (1) OF THIS SUBSECTION , THE SECRETARY 4
PROMPTLY SHALL NOTIF Y THE STATE’S ATTORNEY’S OFFICE OF THE REQU EST. 5
(II) THE STATE’S ATTORNEY’S OFFICE SHALL BE AL LOWED 30 6
DAYS AFTER RECEIPT O F THE NOTICE REQUIRE D UNDER SUBPARAGRAPH (I) OF 7
THIS PARAGRAPH TO RE DACT FROM THE RECORD ANY PORTION OF THE R ECORD 8
THAT, IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 9
ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE AR ISING FROM THE 10
INCIDENT. 11
[(2)] (4) (i) If the [local director or the Secretary does not disclose 12
information under paragraph (1) of this subsection because the State’s Attorney has 13
advised that disclosure of the information would jeopardize or prejudice a related 14
investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INFORMATION IN 15
ACCORDANCE WITH PARA GRAPH (3)(II) OF THIS SUBSECTION , the State’s Attorney 16
shall notify the local director or the Secretary within 10 days after the conclusion of the 17
related investigation or prosecution. 18
(ii) Within 30 days after notification from the State’s Attorney under 19
subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 20
information in accordance with this section. 21
(c) [Before disclosing the information: 22
(1) the local director or the Secretary shall consult the State’s Attorney’s 23
office; and 24
(2) the local director and the Secretary shall consult each other. 25
(d)] Subject to subsection [(e)] (D) of this section, the local director or the Secretary 26
shall disclose: 27
(1) the name of the allegedly abused or neglected child who has suffered a 28
fatality; 29
(2) the date of the report of the alleged child abuse or neglect and of any 30
prior or subsequent reports; 31
(3) the findings made by the local department at the conclusion of its 32
investigation and the disposition made by the local department based on its findings; 33
4 HOUSE BILL 1209
(4) any services provided to the alleged abuser or neglector, the allegedly 1
abused or neglected child, and the household or family members; 2
(5) the number of referrals for professional services for the alleged abuser 3
or neglector, the allegedly abused or neglected child, and the household or family members; 4
(6) any prior adjudication as a child in need of assistance of the allegedly 5
abused or neglected child, a sibling of the child, or another child in the household, family, 6
or care of the alleged abuser or neglector; 7
(7) the status of any case involving the child that was open at the time of 8
the fatality or near fatality; 9
(8) a summary of the facts of the fatality or near fatality, including the date 10
of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 11
the medical examiner; and 12
(9) any information concerning the circumstances of the alleged child 13
abuse or neglect and the investigation of the circumstances, if the local director or the 14
Secretary determines that the disclosure is consistent with the public interest. 15
[(e)] (D) (1) The local director or the Secretary may not: 16
(i) disclose the identity of or provide an identifying description of 17
the person who made the report; 18
(ii) disclose the name of a child who has suffered a near fatality, a 19
sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 20
neglected child, an individual legally responsible for the child, the alleged abuser or 21
neglector, or another household or family member; 22
(iii) except as provided in paragraph (2) of this subsection, disclose a 23
medical report; or 24
(iv) except for the information described in subsection [(d)] (C) of this 25
section, disclose the file relating to the allegedly abused or neglected child. 26
(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 27
local director or the Secretary may disclose a medical report related to the cause of the 28
child’s injury or death as a result of the alleged abuse or neglect. 29
[(f)] (E) In consultation with the local directors, the Secretary shall develop a 30
form for disclosure of the information described in subsection [(d)] (C) of this section. 31
[(g)] (F) This section does not grant a right to any person to receive the 32
information described in subsection [(d)] (C) of this section. 33 HOUSE BILL 1209 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2025. 2