Md. Code Regs. 07.02.26.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 07.02.26.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administrative law judge (ALJ)" means an administrative law judge of the Office of Administrative Hearings.

(2) "Alleged maltreatment" means child abuse or neglect reported to a local department.

(3) "Alleged maltreator" means an individual reported to a local department as responsible for child abuse or neglect.

(4) "Alleged victim" means a child named in a report as having been abused or neglected.

(5) "Appellant" means an individual who has requested an appeal under this chapter.

(6) "Centralized confidential database" means the Department's confidential computerized data system that contains information regarding child abuse and neglect investigations and assessments and protects that information from disclosure.

(7) "Child abuse" has the meaning stated in COMAR 07.02.07.02B.

(8) "Child in need of assistance (CINA)" has the meaning stated in Courts and Judicial Proceedings Article, §3-801(f), Annotated Code of Maryland.

(9) "Child neglect" has the meaning stated in COMAR 07.02.07.0 2B.

(10) "Conference" means a meeting requested by an appellant to discuss a finding of unsubstantiated child abuse or neglect with a local department supervisor.

(11) "Contested case hearing" has the meaning stated in State Government Article, §10-202(d), Annotated Code of Maryland.

(12) "Department" means the Department of Human Resources.

(13) "Final determination" means a finding of the local department after all timely appeals.

(14) Hearing.

(a) "Hearing" means a contested case hearing pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(b) "Hearing" does not include a record review hearing under appeal procedures in place between 1993 and 1999.

(15) "Identify an individual as responsible for child abuse or neglect in a centralized confidential database" means entering a notation that a local department has determined that the individual is responsible for indicated child abuse or neglect under circumstances specified in Family Law Article, §5-714, Annotated Code of Maryland.

(16) "Identifying information" means the name of:

(a) The alleged victim;

(b) A household or family member of the alleged victim;

(c) A parent or legal guardian of the alleged victim; and

(d) The alleged maltreator.

(17) "Indicated" means a finding that there is credible evidence, which has not been satisfactorily refuted, that child abuse or neglect occurred.

(18) "Local department" means the department of social services, or the Montgomery County Department of Health and Human Services, that made the finding being appealed in accordance with this chapter.

(19) "Maltreator" means an individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect.

(20) "Office of Administrative Hearings (OAH)" means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland.

(21) "Party" means the appellant or the local department.

(22) "Record" means the original or a copy of any documentary material, in any form, concerning a Child Protective Services response to an allegation of child abuse or neglect.

(23) "Redacted record" means a copy of the record from which the local department has removed certain information in compliance with State and federal laws governing confidentiality, including but not limited to:

(a) Annotated Code of Maryland:

(i) Health-General Article, Title 4, Subtitle 3;

(ii) General Provisions Article, Title 4, Subtitle 3;

(iii) Human Services Article, §§1-201 - 1-203; and

(iv) Courts and Judicial Proceedings Article, §§3-827, 9-108, and 9-121;

(b) Code of Maryland Regulations (COMAR):

(i) 07.01.07; and

(ii) 07.02.07; and

(c) Code of Federal Regulations (CFR):

(i) 34 CFR 99 ;

(ii)42 CFR § 2.1 et seq.; and

(iii) 45 CFR 1340.20.

(24) "Report" means an allegation of child abuse or neglect made or received by any state, county, or municipal corporation, with sufficient information to screen the report for an appropriate CPS or other response.

(25) "Responsible for child abuse or neglect" means having an unexpunged finding of unsubstantiated or indicated child abuse or neglect.

(26) "Ruled out" means a finding that child abuse or neglect did not occur.

(27) "Unsubstantiated" means a finding that there is insufficient evidence to support a finding of indicated or ruled out.

Md. Code Regs. 07.02.26.02

Regulations .02 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)
Regulations .02 adopted effective October 1, 1994 (21:19 Md. R. 1633)
Regulations .02 amended as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233
Regulations .02 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)
Regulations .02 adopted effective March 20, 2000 (27:5 Md. R. 582); adopted effective 44:12 Md. R. 586, eff. 6/19/2017