Maryland 2025 Regular Session

Maryland House Bill HB1209 Compare Versions

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Version 2 (New)

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		hb1209
9	6
10	7		HOUSE BILL 1209
11	8		D4, O4 5lr2753
12	9		SB 89/24 – JPR CF 5lr2758
13	10		By: Delegates McComas and Grammer
14	11		Introduced and read first time: February 6, 2025
15	12		Assigned to: Judiciary
16		-	Committee Report: Favorable
17		-	House action: Adopted
18		-	Read second time: March 4, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Child Abuse and Neglect – Reports and Records – Disclosure 2
25	19
26	20		FOR the purpose of requiring a local director of a local department of social services or the 3
27	21		Secretary of Human Services to disclose certain reports and records of child abuse 4
28	22		and neglect within a certain period of time if certain conditions are met; requiring 5
29	23		the Secretary to notify the State’s Attorney’s office of a request to disclose certain 6
30	24		reports and records of child abuse and neglect; requiring the State’s Attorney’s office 7
31	25		to be given a certain period of time during which the office is authorized to redact 8
32	26		certain portions of the reports and records under certain circumstances; requiring 9
33	27		the State’s Attorney’s office, if the office redacts certain information, to notify the 10
34	28		local director or the Secretary within a certain period of time after the conclusion of 11
35	29		the related investigation or prosecution; and generally relating to the disclosure of 12
36	30		reports and records of child abuse and neglect. 13
37	31
38	32		BY repealing and reenacting, with amendments, 14
39	33		Article – Human Services 15
40	34		Section 1–203 16
41	35		Annotated Code of Maryland 17
42	36		(2019 Replacement Volume and 2024 Supplement) 18
43	37
44	38		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
45	39		That the Laws of Maryland read as follows: 20
46	40
47	41		Article – Human Services 21
48		-	2 HOUSE BILL 1209
49	42
	43	+	1–203. 22
50	44
51		-	1~~–203~~. 1
	45	+	(a) (1) In this section the following words have the meanings indicated. 23
52	46
53		-	(a) (1) In this section the following words have the meanings indicated. 2
54		-
55		-	(2) “Local department” means the department of social services that has 3
56		-	jurisdiction in the county: 4
57		-
58		-	(i) where the allegedly abused or neglected child lives; or 5
59		-
60		-	(ii) if different, where the abuse or neglect is alleged to have taken 6
61		-	place. 7
62		-
63		-	(3) “Local director” means the director of the local department. 8
64		-
65		-	(4) “Medical report” means a psychological, psychiatric, therapeutic, 9
66		-	clinical, or medical report or evaluation related to the allegedly abused or neglected child, 10
67		-	a sibling of the child, or another child in the household, family, or care of the alleged abuser 11
68		-	or neglector. 12
69		-
70		-	(5) “Secretary” means the Secretary of Human Services. 13
71		-
72		-	(b) (1) Notwithstanding any other provision of law AND SUBJECT TO 14
73		-	PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , the local director or the Secretary shall, 15
74		-	[on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information concerning child 16
75		-	abuse or neglect [in accordance with subsection (c) of this section] if THE CHILD: 17
76		-
77		-	[(i) the information is limited to actions or omissions of the local 18
78		-	department, the Department of Human Services, or an agent of the Department of Human 19
79		-	Services; 20
80		-
81		-	(ii) the child named in a report of abuse or neglect has suffered a 21
82		-	fatality or near fatality; and 22
83		-
84		-	(iii) 1. the local director or the Secretary has consulted the State’s 23
85		-	Attorney’s office; and 24
86		-
87		-	2. the State’s Attorney’s office has advised the local director 25
88		-	or the Secretary that disclosure of the information would not jeopardize or prejudice a 26
89		-	related investigation or prosecution.] 27
90		-
91		-	(I) WAS IN THE CUSTODY O F A LOCAL OR STATE DEPARTMENT 28
92		-	OR AGENCY, OR IN THE CARE OF A FOSTER PARENT ; 29
93		-
94		-	(II) IS THE SUBJECT OF AN INVESTIGATION , A REPORT, A 30
95		-	REFERRAL, OR A COMPLAINT RECEI VED BY A LOCAL OR STATE DEPARTMENT OR 31
96		-	AGENCY; AND 32 HOUSE BILL 1209 3
	47	+	(2) “Local department” means the department of social services that has 24
	48	+	jurisdiction in the county: 25 2 HOUSE BILL 1209
97	49
98	50
99	51
100		-	(~~III~~) ~~SUFFERED A FATALITY~~ OR ~~NEAR FATALITY .~~ 1
	52	+	(i) where the allegedly abused or neglected child lives; or 1
101	53
102		-	(2) INFORMATION DISCLOSED IN ACCORDANCE WITH P ARAGRAPH (1) 2
103		-	OF THIS SUBSECTION S HALL BE LIMITED TO A CTIONS OR OMISSIONS OF THE LOCAL 3
104		-	DEPARTMENT , THE DEPARTMENT OF HUMAN SERVICES, OR AN AGENT OF THE 4
105		-	DEPARTMENT OF HUMAN SERVICES. 5
	54	+	(ii) if different, where the abuse or neglect is alleged to have taken 2
	55	+	place. 3
106	56
107		-	(3) (I) ON RECEIVING A REQUEST TO DISCLOS E INFORMATION IN 6
108		-	ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION , THE SECRETARY 7
109		-	PROMPTLY SHALL NOTIF Y THE STATE’S ATTORNEY’S OFFICE OF THE REQU EST. 8
	57	+	(3) “Local director” means the director of the local department. 4
110	58
111		-	(II) THE STATE’S ATTORNEY’S OFFICE SHALL BE AL LOWED 30 9
112		-	DAYS AFTER RECEIPT O F THE NOTICE REQUIRED UNDER SUBPARAGRAPH (I) OF 10
113		-	THIS PARAGRAPH TO RE DACT FROM THE RECORD ANY PORTION OF THE R ECORD 11
114		-	THAT, IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 12
115		-	ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE AR ISING FROM THE 13
116		-	INCIDENT. 14
	59	+	(4) “Medical report” means a psychological, psychiatric, therapeutic, 5
	60	+	clinical, or medical report or evaluation related to the allegedly abused or neglected child, 6
	61	+	a sibling of the child, or another child in the household, family, or care of the alleged abuser 7
	62	+	or neglector. 8
117	63
118		-	[(2)] (4) (i) If the [local director or the Secretary does not disclose 15
119		-	information under paragraph (1) of this subsection because the State’s Attorney has 16
120		-	advised that disclosure of the information would jeopardize or prejudice a related 17
121		-	investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INF ORMATION IN 18
122		-	ACCORDANCE WITH PARA GRAPH (3)(II) OF THIS SUBSECTION , the State’s Attorney 19
123		-	shall notify the local director or the Secretary within 10 days after the conclusion of the 20
124		-	related investigation or prosecution. 21
	64	+	(5) “Secretary” means the Secretary of Human Services. 9
125	65
126		-	(ii) Within 30 days after notification from the State’s Attorney under 22
127		-	subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 23
128		-	information in accordance with this section. 24
	66	+	(b) (1) Notwithstanding any other provision of law AND SUBJECT TO 10
	67	+	PARAGRAPHS (2) AND (3) OF THIS SUBSECTION , the local director or the Secretary shall, 11
	68	+	[on] WITHIN 30 DAYS AFTER RECEIVING A request, disclose information concerning child 12
	69	+	abuse or neglect [in accordance with subsection (c) of this section] if THE CHILD: 13
129	70
130		-	(c) [Before disclosing the information: 25
	71	+	[(i) the information is limited to actions or omissions of the local 14
	72	+	department, the Department of Human Services, or an agent of the Department of Human 15
	73	+	Services; 16
131	74
132		-	(1) the ~~local director~~ or ~~the Secretary shall consult the State’s Attorney’s 26~~
133		-	~~office~~; and 27
	75	+	(ii) the child named in a report of abuse or neglect has suffered a 17
	76	+	fatality or near fatality; and 18
134	77
135		-	(2) the local director and the Secretary shall consult each other. 28
	78	+	(iii) 1. the local director or the Secretary has consulted the State’s 19
	79	+	Attorney’s office; and 20
136	80
137		-	(d)] Subject to subsection [(e)] (D) of this section, the local director or the Secretary 29
138		-	shall disclose: 30
	81	+	2. the State’s Attorney’s office has advised the local director 21
	82	+	or the Secretary that disclosure of the information would not jeopardize or prejudice a 22
	83	+	related investigation or prosecution.] 23
139	84
140		-	(1) the name of the allegedly abused or neglected child who has suffered a 31
141		-	fatality; 32
	85	+	(I) WAS IN THE CUSTODY O F A LOCAL OR STATE DEPARTMENT 24
	86	+	OR AGENCY, OR IN THE CARE OF A FOST ER PARENT; 25
	87	+
	88	+	(II) IS THE SUBJECT OF AN INVESTIGATION , A REPORT, A 26
	89	+	REFERRAL, OR A COMPLAINT RECEI VED BY A LOCAL OR STATE DEPARTMENT OR 27
	90	+	AGENCY; AND 28
	91	+
	92	+	(III) SUFFERED A FATALITY OR NEAR FATALITY . 29
	93	+
	94	+	(2) INFORMATION DISCLOSED IN ACCORDAN CE WITH PARAGRAPH (1) 30
	95	+	OF THIS SUBSECTION S HALL BE LIMITED TO A CTIONS OR OMISSIONS OF THE LOCAL 31 HOUSE BILL 1209 3
	96	+
	97	+
	98	+	DEPARTMENT , THE DEPARTMENT OF HUMAN SERVICES, OR AN AGENT OF THE 1
	99	+	DEPARTMENT OF HUMAN SERVICES. 2
	100	+
	101	+	(3) (I) ON RECEIVING A REQUES T TO DISCLOSE INFORM ATION IN 3
	102	+	ACCORDANCE WITH PARAGRAP H (1) OF THIS SUBSECTION , THE SECRETARY 4
	103	+	PROMPTLY SHALL NOTIF Y THE STATE’S ATTORNEY’S OFFICE OF THE REQU EST. 5
	104	+
	105	+	(II) THE STATE’S ATTORNEY’S OFFICE SHALL BE AL LOWED 30 6
	106	+	DAYS AFTER RECEIPT O F THE NOTICE REQUIRE D UNDER SUBPARAGRAPH (I) OF 7
	107	+	THIS PARAGRAPH TO RE DACT FROM THE RECORD ANY PORTION OF THE R ECORD 8
	108	+	THAT, IF MADE PUBLIC , WOULD SERIOUSLY HIND ER THE ABILITY OF TH E STATE’S 9
	109	+	ATTORNEY’S OFFICE TO PROSECUT E A CRIMINAL CASE AR ISING FROM THE 10
	110	+	INCIDENT. 11
	111	+
	112	+	[(2)] (4) (i) If the [local director or the Secretary does not disclose 12
	113	+	information under paragraph (1) of this subsection because the State’s Attorney has 13
	114	+	advised that disclosure of the information would jeopardize or prejudice a related 14
	115	+	investigation or prosecution] STATE’S ATTORNEY’S OFFICE REDACTS INFORMATION IN 15
	116	+	ACCORDANCE WITH PARA GRAPH (3)(II) OF THIS SUBSECTION , the State’s Attorney 16
	117	+	shall notify the local director or the Secretary within 10 days after the conclusion of the 17
	118	+	related investigation or prosecution. 18
	119	+
	120	+	(ii) Within 30 days after notification from the State’s Attorney under 19
	121	+	subparagraph (i) of this paragraph, the local director or the Secretary shall disclose 20
	122	+	information in accordance with this section. 21
	123	+
	124	+	(c) [Before disclosing the information: 22
	125	+
	126	+	(1) the local director or the Secretary shall consult the State’s Attorney’s 23
	127	+	office; and 24
	128	+
	129	+	(2) the local director and the Secretary shall consult each other. 25
	130	+
	131	+	(d)] Subject to subsection [(e)] (D) of this section, the local director or the Secretary 26
	132	+	shall disclose: 27
	133	+
	134	+	(1) the name of the allegedly abused or neglected child who has suffered a 28
	135	+	fatality; 29
	136	+
	137	+	(2) the date of the report of the alleged child abuse or neglect and of any 30
	138	+	prior or subsequent reports; 31
	139	+
	140	+	(3) the findings made by the local department at the conclusion of its 32
	141	+	investigation and the disposition made by the local department based on its findings; 33
142	142		4 HOUSE BILL 1209
143	143
144	144
145		-	(2) ~~the date of the report of~~ the alleged ~~child abuse~~ or ~~neglect and of any~~ 1
146		-	~~prior~~ or ~~subsequent reports~~; 2
	145	+	(4) any services provided to the alleged abuser or neglector, the allegedly 1
	146	+	abused or neglected child, and the household or family members; 2
147	147
148		-	(3) the ~~findings made by~~ the ~~local department at the conclusion of its~~ 3
149		-	~~investigation~~ and the ~~disposition made by the local department based on its findings~~; 4
	148	+	(5) the number of referrals for professional services for the alleged abuser 3
	149	+	or neglector, the allegedly abused or neglected child, and the household or family members; 4
150	150
151		-	(4) any services provided to the alleged abuser or neglector, the allegedly 5
152		-	abused or neglected child, and the household or family members; 6
	151	+	(6) any prior adjudication as a child in need of assistance of the allegedly 5
	152	+	abused or neglected child, a sibling of the child, or another child in the household, family, 6
	153	+	or care of the alleged abuser or neglector; 7
153	154
154		-	(5) the ~~number~~ of ~~referrals for professional services for~~ the ~~alleged abuser 7~~
155		-	~~or neglector,~~ the ~~allegedly abused~~ or ~~neglected child, and the household or family members~~; 8
	155	+	(7) the status of any case involving the child that was open at the time of 8
	156	+	the fatality or near fatality; 9
156	157
157		-	(6) ~~any prior adjudication as~~ a ~~child in need of assistance~~ of the ~~allegedly 9~~
158		-	~~abused or neglected child, a sibling~~ of the ~~child,~~ or ~~another child~~ in the ~~household~~, ~~family, 10~~
159		-	~~or care of~~ the ~~alleged abuser or neglector~~; 11
	158	+	(8) a summary of the facts of the fatality or near fatality, including the date 10
	159	+	of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 11
	160	+	the medical examiner; and 12
160	161
161		-	(7) the status of any case involving the child that was open at the time of 12
162		-	the fatality or near fatality; 13
	162	+	(9) any information concerning the circumstances of the alleged child 13
	163	+	abuse or neglect and the investigation of the circumstances, if the local director or the 14
	164	+	Secretary determines that the disclosure is consistent with the public interest. 15
163	165
164		-	(8) a summary of the facts of the fatality or near fatality, including the date 14
165		-	of the fatality or near fatality and, in the case of a fatality, the cause of death reported by 15
166		-	the medical examiner; and 16
	166	+	[(e)] (D) (1) The local director or the Secretary may not: 16
167	167
168		-	(9) any information concerning the circumstances of the alleged child 17
169		-	abuse or neglect and the investigation of the circumstances, if the local director or the 18
170		-	Secretary determines that the disclosure is consistent with the public interest. 19
	168	+	(i) disclose the identity of or provide an identifying description of 17
	169	+	the person who made the report; 18
171	170
172		-	[(e)] (D) (1) The local director or the Secretary may not: 20
	171	+	(ii) disclose the name of a child who has suffered a near fatality, a 19
	172	+	sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 20
	173	+	neglected child, an individual legally responsible for the child, the alleged abuser or 21
	174	+	neglector, or another household or family member; 22
173	175
174		-	(i) disclose ~~the identity of or provide an identifying description of 21~~
175		-	~~the person who made the~~ report; 22
	176	+	(iii) except as provided in paragraph (2) of this subsection, disclose a 23
	177	+	medical report; or 24
176	178
177		-	(ii) disclose the name of a child who has suffered a near fatality, a 23
178		-	sibling of the allegedly abused or neglected child, a parent of the allegedly abused or 24
179		-	neglected child, an individual legally responsible for the child, the alleged abuser or 25
180		-	neglector, or another household or family member; 26
	179	+	(iv) except for the information described in subsection [(d)] (C) of this 25
	180	+	section, disclose the file relating to the allegedly abused or neglected child. 26
181	181
182		-	(iii) except as provided in paragraph (2) of this subsection, disclose a 27
183		-	medical report; or 28
	182	+	(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 27
	183	+	local director or the Secretary may disclose a medical report related to the cause of the 28
	184	+	child’s injury or death as a result of the alleged abuse or neglect. 29
184	185
185		-	~~(iv) except for the information described in subsection~~ [(d)] (C) ~~of this 29~~
186		-	~~section, disclose~~ the ~~file relating to the allegedly abused or neglected child~~. 30
	186	+	[(f)] (E) In consultation with the local directors, the Secretary shall develop a 30
	187	+	form for disclosure of the information described in subsection [(d)] (C) of this section. 31
187	188
188		-	(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the 31
189		-	local director or the Secretary may disclose a medical report related to the cause of the 32
190		-	child’s injury or death as a result of the alleged abuse or neglect. 33
191		-	HOUSE BILL 1209 5
192		-
193		-
194		-	[(f)] (E) In consultation with the local directors, the Secretary shall develop a 1
195		-	form for disclosure of the information described in subsection [(d)] (C) of this section. 2
196		-
197		-	[(g)] (F) This section does not grant a right to any person to receive the 3
198		-	information described in subsection [(d)] (C) of this section. 4
199		-
200		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
201		-	October 1, 2025. 6
	189	+	[(g)] (F) This section does not grant a right to any person to receive the 32
	190	+	information described in subsection [(d)] (C) of this section. 33 HOUSE BILL 1209 5
202	191
203	192
204	193
	194	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	195	+	October 1, 2025. 2
205	196
206		-	Approved:
207		-	________________________________________________________________________________
208		-	Governor.
209		-	________________________________________________________________________________
210		-	Speaker of the House of Delegates.
211		-	________________________________________________________________________________
212		-	President of the Senate.