EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets ] indicate matter deleted from existing law.*hb1197*

HOUSE BILL 1197

D4 7lr2676

CF SB 797

By: Delegates McComas, Clippinger, Cluster, Lierman, Moon, and Parrott

Introduced and read first time: February 9, 2017

Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Child Abuse and Neglect – Reporting – Definitions 2

FOR the purpose of altering the definitions of “educator or human service worker” and 3

“health practitioner” in provisions of law relating to the reporting of child abuse and 4

neglect; defining the terms “mandated reporter” and “youth–serving organization” 5

in provisions of law relating to the reporting of child abuse and neglect; making 6

certain conforming changes; and generally relating to child abuse and neglect. 7

BY repealing and reenacting, with amendments, 8

Article – Family Law 9

Section 5–701, 5–704(a), and 5–705(a) 10

Annotated Code of Maryland 11

(2012 Replacement Volume and 2016 Supplement) 12

SECTION 1.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13

That the Laws of Maryland read as follows: 14

Article – Family Law 15

5–701. 16

(a) Except as otherwise provided in § 5–705.1 of this subtitle, in this subtitle the 17

following words have the meanings indicated. 18

(b) “Abuse” means: 19

(1) the physical or mental injury of a child by any parent or other person 20

who has permanent or temporary care or custody or responsibility for supervision of a child, 21

or by any household or family member, under circumstances that indicate that the child’s 22

health or welfare is harmed or at substantial risk of being harmed; or 23

(2) sexual abuse of a child, whether physical injuries are sustained or not. 1

(c) “Administration” means the Social Services Administration of the 2

Department. 3

(d) “Centralized confidential database” means the Department’s confidential 4

computerized data system that contains information regarding child abuse and neglect 5

investigations and assessments. 6

(e) “Child” means any individual under the age of 18 years. 7

(g) (1) “Educator or human service worker” means any professional employee 8

of any correctional, public, parochial or private educational, health, juvenile service, social 9

or social service agency, institution, or licensed facility. 10

(2) “Educator or human service worker” includes: 11

(i) any teacher, TEACHER’S AIDE OR ASSISTANT, SCHOOL 12

COUNSELOR OR GUIDANCE COUNSELOR, OR SCHOOL OFFICIAL OR ADMINISTRATOR; 13

(ii) any LICENSED OR UNLICENSED MARRIAGE, FAMILY, OR 14

INDIVIDUAL counselor; 15

(iii) any social worker; 16

(iv) any caseworker; and 17

(v) any probation or parole officer. 18

(h) “Family member” means a relative by blood, adoption, or marriage of a child. 19

(i) [(1)] “Health practitioner” includes any person who is authorized to practice 20

healing under the Health Occupations Article or § 13–516 of the Education Article. 21

[(2) “Health practitioner” does not include an emergency medical 22

dispatcher.] 23

(j) “Household” means the location: 24

(1) in which the child resides; 25

(2) where the abuse or neglect is alleged to have taken place; or 26

(3) where the person suspected of abuse or neglect resides. 27

(k) “Household member” means a person who lives with, or is a regular presence 1

in, a home of a child at the time of the alleged abuse or neglect. 2

(m) “Indicated” means a finding that there is credible evidence, which has not been 3

satisfactorily refuted, that abuse, neglect, or sexual abuse did occur. 4

(n) (1) “Law enforcement agency” means a State, county, or municipal police 5

department, bureau, or agency. 6

(2) “Law enforcement agency” includes: 7

(i) a State, county, or municipal police department or agency; 8

(ii) a sheriff’s office; 9

(iii) a State’s Attorney’s office; and 10

(iv) the Attorney General’s office. 11

(o) Except as provided in §§ 5–705.1 and 5–714 of this subtitle, “local department” 12

means the local department that has jurisdiction in the county: 13

(1) where the allegedly abused or neglected child lives; or 14

(2) if different, where the abuse or neglect is alleged to have taken place. 15

(p) “Local department case file” means that component of the Department’s 16

confidential computerized database that contains information regarding child abuse and 17

neglect investigations to which access is limited to the local department staff responsible 18

for the investigation. 19

(q) “Local State’s Attorney” means the State’s Attorney for the county: 20

(1) where the allegedly abused or neglected child lives; or 21

(2) if different, where the abuse or neglect is alleged to have taken place. 22

(R) “MANDATED REPORTER” MEANS ANY OF THE FOLLOWING INDIVIDUALS, 23

ACTING IN A PROFESSIONAL CAPACITY, WHO ARE REQUIRED TO REPORT SUSPECTED 24

ABUSE OR NEGLECT UNDER § 5–704 OF THIS SUBTITLE: 25

(1) A HEALTH PRACTITIONER; 26

(2) A LAW ENFORCEMENT OFFICER; 27

(3) AN EDUCATOR OR A HUMAN SERVICE WORKER; 28

(4) A CHILD CARE WORKER OR AN ADMINISTRATOR; 1

(5) A FOSTER PARENT; OR 2

(6) AN INDIVIDUAL EMPLOYED BY A YOUTH–SERVING ORGANIZATION. 3

[(r)] (S) “Mental injury” means the observable, identifiable, and substantial 4

impairment of a child’s mental or psychological ability to function. 5

[(s)] (T) “Neglect” means the leaving of a child unattended or other failure to 6

give proper care and attention to a child by any parent or other person who has permanent 7

or temporary care or custody or responsibility for supervision of the child under 8

circumstances that indicate: 9

(1) that the child’s health or welfare is harmed or placed at substantial risk 10

of harm; or 11

(2) mental injury to the child or a substantial risk of mental injury. 12

[(t)] (U) “Police officer” means any State or local officer who is authorized to 13

make arrests as part of the officer’s official duty. 14

[(u)] (V) “Record” means the original or any copy of any documentary material, 15

in any form, including a report of suspected child abuse or neglect, that is made by, received 16

by, or received from the State, a county, or a municipal corporation in the State, or any 17

subdivision or agency concerning a case of alleged child abuse or neglect. 18

[(v)] (W) “Report” means an allegation of abuse or neglect, made or received 19

under this subtitle. 20

[(w)] (X) “Ruled out” means a finding that abuse, neglect, or sexual abuse did not 21

occur. 22

[(x)] (Y) (1) “Sexual abuse” means any act that involves sexual molestation 23

or exploitation of a child by a parent or other person who has permanent or temporary care 24

or custody or responsibility for supervision of a child, or by any household or family 25

member. 26

(2) “Sexual abuse” includes: 27

(i) allowing or encouraging a child to engage in: 28

1. obscene photography, films, poses, or similar activity; 29

2. pornographic photography, films, poses, or similar 1

activity; or 2

3. prostitution; 3

(ii) human trafficking; 4

(iii) incest; 5

(iv) rape; 6

(v) sexual offense in any degree; 7

(vi) sodomy; and 8

(vii) unnatural or perverted sexual practices. 9

[(y)] (Z) “Unsubstantiated” means a finding that there is an insufficient amount 10

of evidence to support a finding of indicated or ruled out. 11

(AA) “YOUTH–SERVING ORGANIZATION” MEANS AN ORGANIZATION WHOSE 12

GOAL IS TO EDUCATE, SERVE, OR ASSIST IN THE DEVELOPMENT OF CHILDREN OF 13

ANY AGE. 14

5–704. 15

(a) Notwithstanding any other provision of law, including any law on privileged 16

communications, each [health practitioner, police officer, educator, or human service 17

worker, acting in a professional capacity] MANDATED REPORTER in this State: 18

(1) who has reason to believe that a child has been subjected to abuse or 19

neglect, shall notify the local department or the appropriate law enforcement agency; and 20

(2) if acting as a staff member of a hospital, public health agency, child care 21

institution, juvenile detention center, school, or similar institution, shall immediately 22

notify and give all information required by this section to the head of the institution or the 23

designee of the head. 24

5–705. 25

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, 26

notwithstanding any other provision of law, including a law on privileged communications, 27

a person in this State other than a [health practitioner, police officer, or educator or human 28

service worker] MANDATED REPORTER who has reason to believe that a child has been 29

subjected to abuse or neglect shall notify the local department or the appropriate law 30

enforcement agency. 31

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18

October 1, 2017. 19

Rep. Joseph Cluster

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