Md. Code Regs. 07.02.07.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.07.05 - Receiving Reports of Child Abuse or Neglect

A. A local department shall accept reports of suspected child abuse or neglect from any source including local department staff.

B. A local department shall establish a process for ensuring that a report of suspected child abuse or neglect is immediately directed to CPS for an appropriate response.

C. On-Call Staff.

(1) A local department shall have trained staff on-call 24 hours a day, 7 days a week, to receive and take appropriate action on reports of suspected child abuse and child neglect.

(2) A local department shall ensure that the public has a means of making reports outside of normal office hours.

D. If a local department receives a report of suspected child abuse or neglect alleged to have occurred in Maryland, it shall:

(1) Promptly acknowledge receipt of the report in writing to each reporter stating that the local department will take appropriate action; and

(2) Immediately notify the local law enforcement agency orally or in writing of any report accepted for a CPS response; and

(3) By the end of the next business day following the day of the report, notify law enforcement in writing of the report if the initial notification was communicated orally.

E. If a local department where the alleged maltreatment occurred accepts a report for alternative response and the alleged victim resides in another Maryland jurisdiction, the local department shall immediately forward the report to the local department in the jurisdiction where the child resides to complete the alternative response.

F. Child Abuse or Neglect Alleged to Have Occurred Outside of the State. Promptly after receiving a report of suspected child abuse or neglect pursuant to Regulation . 04C of this chapter:

(1) The local department shall forward the report to the appropriate agency in the state where the suspected abuse or neglect occurred; and

(2) If the child resides in Maryland, notify the local department in the jurisdiction where the child resides.

G. If a reported incident of suspected child abuse or neglect does not meet the definition of child abuse or neglect in Regulation .02B of this chapter, the local department may:

(1) Decline to initiate a CPS response;

(2) Make referrals to other services or agencies; and

(3) Maintain a record of non-identifying information including:

(a) A summary of the allegation; and

(b) The reason for not accepting the report for a CPS response.

H. If a report of suspected child abuse or neglect arises from the failure of a voluntary placement involving a child with disabilities and diagnostic evidence, family history, and current circumstances do not support a reasonable fear for the safety of the child or family members, a local department shall initiate an appropriate CPS response.

I. If the local department receives a report of suspected child abuse or neglect based on information that the reporter knew to be false at the time of the report, the local department shall, upon completion of the CPS response, refer the reporter to the local State's Attorney's office for possible prosecution under Criminal Law Article, §9-503, Annotated Code of Maryland.

J. Failure to Report.

(1) If, during a CPS response, the local department has substantial grounds to believe that a mandated reporter knowingly failed to report suspected child abuse or neglect as required by Family Law Article, §5-704, Annotated Code of Maryland, the local department shall:

(a) If the person is employed as a health practitioner, notify the appropriate licensing board in accordance with the provisions of the Health Occupations Article;

(b) If the person is employed as a law enforcement officer, notify the law enforcement agency with which the person is employed; or

(c) If the person is employed as an educator or human service worker, notify the county board of education or the appropriate agency, institution, or licensed facility with which the person is employed.

(2) For purposes of this section, a mandated reporter may be found to have knowingly failed to report if the mandated reporter:

(a) Had reason to believe child abuse or neglect occurred and did not make a report; and

(b) Had no basis to conclude that another individual had made the mandated report.

Md. Code Regs. 07.02.07.05

Regulations .05B amended effective November 2, 1979 (6:22 Md. R. 1776)
Regulation .05B amended effective December 17, 1984 (11:25 Md. R. 2129)
Regulations .05 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .05G adopted effective July 1, 1996 (23:13 Md. R. 940)
Regulation .05 amended effective April 11, 2005 (32:7 Md. R. 676); November 19, 2007 (34:23 Md. R. 2025)
Regulation .05D amended effective February 20, 2012 (39:3 Md. R. 258); adopted effective 44:12 Md. R. 586, eff. 6/19/2017