MARYLAND

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WHO:        ANY person MUST report if s/he has reason to believe that a child has been subjected to abuse or neglect.  [Fam. Law §§ 5-705(a)(1); 5-704.1(a)]

These persons are mandatory (MUST report): • Health practitioners (including any [licensed] practitioner but NOT emergency medical dispatchers ) • Educators or human service workers (any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility, including any teacher, counselor, social worker, case worker, probation or parole officer) • Police officers (any State or local officer who is authorized to make arrests as part of the officer's official duty).  [Fam. Law §§ 5-701(a); 5-704(i),(g),(i),(t)]

ANY individual MAY report reason to believe a child is at risk from a registered sex offender  whom a parent, guardian, or caregiver allows to reside with of be around that child (see exception below).  [Fam. Law §  5-704.1]

·       NOTE: Mandates for profession-based reporters are for observations made while working and do not cover their other time. However, nearly the same reporting standard is mandated for everyone at all times, except there is privilege in some cases.

·       STANDARD:  Child means under age 18.  [Fam. Law § 5-701(e)]

                              (1)      Mandatory (profession-based) reporters: acting in a professional capacity in the state, have reason to believe a child has been subjected to abuse or neglect.  [Fam. Law § 5-704(a)(1)]

                              (2)      Health-care practitioners involved in delivery or care of a substance-exposed newborn have an extra standard: in a professional capacity they observe any of: (a) a positive toxicology screen in either the infant or mother by any appropriate test after birth; (b) medically determined effects or withdrawal symptoms in the infant, from prenatal maternal use of a controlled substance; or (c) effects of a fetal alcohol spectrum disorder. [Fam. Law § 5-704.2(b)]

                              (3)      Other persons, for required reports:  reason to believe that a child has been subjected to abuse or neglect.  Fam. Law § 5-705(a)(1)]

                              (4)      For optional reports on sex offenders: reason to believe that (a) a child’s parent, guardian, or caregiver (b) allows the child to reside with or be in the regular presence of an individual (other than a parent or guardian) who is (c) a registered sex offender due to an offense against any child AND (d) based on additional info, that believe offender poses a substantial risk of sexual abuse to this family’s child.  [Fam. Law § 5-704.1(a)]  The statute lists no exception for a live-in or regularly-visiting offender caregiver who is neither the parent nor guardian.

·       PRIVILEGE:  There is NO privilege for reporters in the named professions when they are acting in a professional capacity: they must report.  For other persons, only attorney-client privilege and clergy-penitent/confidant privilege (from an established church of any denomination) are permitted.    [Fam. Law §§ 5-704(a); 5-705(a)].    

WHEN:      Normally: (1) oral or direct report AS SOON AS POSSIBLE; then (2) written report within 48 HOURS after the contact, examination, attention, or treatment that led to the reporter’s belief of abuse or neglect.  [Fam. Law § 5-704(b)(1)]  Reports of risk of registered sex offenders may be orally or in writing; timing is not specified (these reports are permitted but not required).  [Fam. Law § 5-704.1(b)(1)] 

WHERE & HOW:  Make reports locally.  [Fam. Law §§ 5-704(b)(1); 5-704.1(a); Code Regs. §§ 07.02.07.05(A),(C)]

Oral or direct reports are made to either (1) the local Department of Social Services (DSS) office or (2) local law enforcement.  DSS has staff on call 24/7 (and police are 24/7).

Written (faxed) follow-on reports are made to the local DSS office, with a copy to (3) the local (county or Baltimore) state’s attorney.  Reports are on Form DHR/SSA 180.

Reports of risk from registered sex offenders who are tolerated to be in the home or in the child’s presence are made to either the local DSS office or local law enforcement. These reports may be either orally or in writing.

Health-care practitioners reporting a substance-exposed newborn must report orally to local DSS as soon as possible, and make a written report to local DSS within 48 hours after the observation that prompted the report.  [Fam. Law §§ 5-704.2(c)-(e)]

·       If the practitioner works in a hospital or birthing center, s/he must notify and provide the required information to the head of the institution or that person’s designee. The practitioner is NOT required to report if s/he: (1) knows that the head, designee, or someone else there already reported the case; (2) verifies that the mother’s substance use was under a current prescription by a licensed practitioner at the time of delivery; or (3) verifies that the presence of controlled substance in the newborn or mother was consistent with a prescribed medical or drug treatment administered to child or mother.

Adults who were abused or neglected as children: a report MUST be made as usual even if the incident does not come to light until the alleged victim is a living or deceased adult, or is an adult client. DSS then investigates only if there is an indication that a child at present could be in danger, such as from an alleged abuser still in proximity to children.     [https://www.marylandattorneygeneral.gov/Opinions%20Documents/1993/78oag189.pdf]

EMERGENCIES

·       For a child in imminent danger:         Dial 911; then report to the local DSS office

[https://dhs.maryland.gov/child-protective-services/contact-us/]

DIRECTORIES & RESOURCES       [https://dhs.maryland.gov/child-protective-services/contact-us/]

·       DSS local offices:                   See directory below

https://dhs.maryland.gov/child-protective-services/reporting-suspected-child-abuse-or-neglect/local-offices/

·       Local law enforcement:                      takes reports at 911 if DSS is called, also

o   See directory at                      https://www.usacops.com/md/    

o   See sex offender registry at      https://www.nsopw.gov/

·       Local state’s attorneys:        See directory below or ask a DSS intake rep:

o   https://msa.maryland.gov/msa/mdmanual/26excom/html/33statt.html 

·       Mandated reporters’ site, linked to fillable form DHR/SSA 180 for written report:

https://dhs.maryland.gov/child-protective-services/reporting-suspected-child-abuse-or-neglect/mandated-reporters/

·       Guide to Reporting Abuse in Maryland (5 pages, 11/2012, from the state chapter of the National Association of Social Workers):

https://cdn.ymaws.com/naswmd.site-ym.com/resource/resmgr/imported/child%20abuse%20reporting%20checklist.pdf

OTHER ASPECTS

·        INSTITUTIONAL REPORTS: A mandated reporter on staff at a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution MUST immediately notify and give all required info to its head or their designee.  [Fam. Law § 5-704(a)(2)]  (The staff member must still report to DSS or law enforcement.)

·       REPORT DETAILS: reports MUST include, insofar as reasonably possible: (a) the child’s name, approximate age, and home address; (b) the name and home address of parent &/or other individual responsible for care; (c) the child’s whereabouts; (d) the nature and extent of abuse or neglect (or risk of sexual abuse from an offender; or extent of a newborn’s alcohol or drug exposure, risk to the child, and mother’s ability to care for the child), including any available evidence or info for possible previous instances of abuse or neglect; and (d) any other info to help determine either the cause of injury (or risk) or neglect or the identity of individual(s) responsible for it, and for planning care.  [Fam. Law §§ 5-704(c); 5-704.1(c); 5-704.2(f)]  Additional information is requested on Form DHR/SSA 180: (e) (optional) the reporter’s name, address, title, and affiliation; (f) the child’s sex, race, school, and grade; (g) the age(s) of parent(s) and other person(s) responsible for care; (h) any risk to the child; (i) the name, age, address, phone number and relationship to child, of alleged perpetrator; (j) circumstances that led to suspicion; (k) how the reporter knows info; (l) any info on previous harm to the family’s other children, action taken, and how the reporter knows; (m) known info about family functioning, relationships between parents (and/or other caretakers or adults in the home) and the child(ren), the family’s likely response to disclosure, and how the reporter knows; (n) are there weapons in the home (if so, any known specifics); and (o) is there a history of violence, drugs, mental illness, or retaliation in the home (if so, any known specifics).

·       REPORTER PROTECTION: (1) The statutes do not specifically require a reporter to provide his/her name. (2) Disclosure of a report or record to a parent or other caregiver must protect the reporter’s identity.  [Hum. Servs. § 1-202(c)(1)(vi)]  (3) Any reporter is immune from civil liability or criminal penalty.  [Fam. Law § 5-708] 

WHY:        (1) For substantial belief that a mandatory reporter in a named profession knowingly failed to report, a complaint will be filed to their licensing board (if a health practitioner), law enforcement agency (if a police officer), county board of education (if an educator), or agency, institution, or licensing facility (if a human service worker). (2) Someone who intentionally prevents or interferes with a required report commits a misdemeanor with a penalty of < $10,000 fine &/or < 5 years imprisonment.  [Fam. Law §§ 5-705.2; 5-705.4]   

WHAT:      Maryland defines abuse as physical, mental or sexual abuse, and defines sexual abuse as sexual molestation or exploitation or sex trafficking. Maryland defines neglect by its harm or risk to the child’s health or welfare and mental injury or risk of it.  [Fam. Law § 5-701]   

Initial Screening Criteria: (1) a child who lives in the state, was in an (2) an incident that occurred in the state, of (3) suspected abuse or neglect, with resulting (4) risk to the child. For accepted reports, some low-risk cases may receive only a social-work assessment (“alternative response”); the rest are investigated.  [Fam. Law § 5-706(a)-(c),(n),(o)]

·        Risk levels depend on: (a) the type of alleged offense (the response is < 24 hours for physical or sexual abuse and < 5 days for neglect or mental injury); (b) the safety of the place where the child is, and of the household’s other children; and (c) the safety of other children in the alleged abuser’s care and custody (as to subsequent harm).  

Reportable: (1) any “responsible person” for physical injury (nonaccidental), mental injury, or sexual molestation or exploitation; (2) anyone for sex trafficking; (3) any (i) parent, (ii) person who has permanent or temporary care or custody, or (iii) person who has responsibility for supervision of the child, for neglectful harm or risk to the child’s health or welfare or neglectful mental injury or risk of it.  [See items below]

·     Responsible person as to a child, means any of: (a) a parent; (b) household or family member (by blood, adoption, or marriage); (c) person with permanent or temporary care or custody; (d) person responsible for supervision; or (e) person who, because of a position or occupation, exercises authority over the child.  [Fam. Law § 5-701] 

Abuse means any of:  [Fam. Law §§ 5-701(b),(y),(z); 4-501(b)]

(A)     Injury that is (a) a nonaccidental physical injury or a mental injury, (b) of a child under (c) circumstances that indicate the child's health or welfare is either harmed or at substantial risk of it, (d) by a “responsible person” (see definition above).

(1)     EXAMPLES of this abuse include: (a) an act causing serious bodily harm; (b) an act creating fear of imminent serious bodily harm; (c) assault in any degree; (d) false imprisonment, and (e) stalking.

(2)     CAVEAT: punishment is permitted by a child’s parent or stepparent, including corporal punishment, if it is reasonable in light of the child’s age and condition.

(B)     Sexual abuse of a child, whether physical injuries are sustained or not, such as by: (a) actual or attempted rape; or (b) engaging in a sexual act or sexual contact with a child under age 14 by someone at least 4 years older; or (ic) other sexual offenses.

(1)     CONTEXT: AGE OF CONSENT is 16. A child age 14 or 15 may consent to: (a) sex with a person not more than 4 years older; and (b) sexual contact with a person age <21. A child age <14 may consent to: (c) sexual acts with a person who is not more than 4 years older.  [Criminal Law, § 3-304; 3-307; 3-308; 3-314]

(a)      Terms: (a) vaginal sex / intercourse; (b) sexual acts (oral or anal); and (c) sexual contacts (intentionally touching either person’s genital, anal, or other private parts for gratification or abuse).  [Criminal Law, § 3-301]

(b)      Prohibited: sex with those in positions of authority over the child: correctional staff; school staff age 21 or more.  [Criminal Law, § 3-308; 3-314]

(2)     CONTEXT: INCEST is vaginal intercourse or marriage knowing the partner is one’s: (a) grandparent or grandparent’s spouse; (b) parent, stepparent, parent’s brother, or parent’s sister; (c) child, grandchild, child’s spouse, or grandchild’s spouse; (b) brother, sister, brother’s child, or sister’s child; or (d) spouse’s: parent, grandparent, child, or grandchild.  [Criminal Law, § 3-323(a); 2-202]

(3)     SEXUAL ABUSE is any act involving (a) sexual molestation or exploitation of a child by a “responsible person” (defined above) or (b) sex trafficking by anyone.

(4)     SEXUAL MOLESTATION or EXPLOITATION includes:

(a)      allowing or encouraging a child to engage in (i) obscene photos, films, poses, etc.; (ii) porn photos, films, poses, etc.; or (iii) prostitution; and

(b)      acts such as: (i) incest; (ii) rape; (iii) sexual offenses in any degree; (iv) sodomy; and (v) “unnatural or perverted sexual practices”.

(5)     SEX TRAFFICKING means to: recruit, harbor, transport, provide, obtain, patronize, or solicit a child for the purpose of a commercial sex act.

Neglect means that any (a) parent, or (b) person who has permanent or temporary care or custody, or (c) person who has responsibility for supervision of the child: either leaves a child unattended or otherwise fails to give proper care and attention to a child, under circumstances that indicate either of the following: [Fam. Law § 5-701(r),(s)]

(A)     The child's health or welfare is harmed or placed at substantial risk of harm; or

(B)     The child receives a mental injury or substantial risk of it: mental injury is an observable, identifiable, substantial impairment of mental or psychological function, caused by intentional act(s), regardless of whether there was intent to harm the child.