§ 5-706. Investigation
West's Annotated Code of MarylandFamily LawEffective: October 1, 2022 to September 30, 2027
Effective: October 1, 2022 to September 30, 2027
MD Code, Family Law, § 5-706
§ 5-706. Investigation
<Section effective until Oct. 1, 2027. See, also, section 5-706 effective Oct. 1, 2027.>
(a)(1) In this section, “alternative response” means a component of the child protective services program that provides for a comprehensive assessment of:
(b) Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse or neglect to protect the health, safety, and welfare of the child or children.
(c) Within 24 hours after receiving a report of suspected physical or sexual abuse of a child who lives in this State that is alleged to have occurred in this State, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency shall:
(d) The investigation under subsection (c) of this section shall include:
(e) On request by the local department, the local State's Attorney shall assist in an investigation under subsections (c) and (d) of this section.
(f) The local department, the appropriate law enforcement agencies, the State's Attorney within each county and Baltimore City, the local department's office responsible for child care regulation, the local health officer, and the local child advocacy center shall enter into a written agreement that specifies standard operating procedures for the investigation under subsections (c) and (d) of this section and prosecution of reported cases of suspected abuse or neglect.
(g)(1) The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State's Attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse under subsections (c) and (d) of this section.
(h)(1) To the extent possible, an investigation under subsections (c) and (d) of this section shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies.
(i) Within 5 business days after completion of the investigation of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State's Attorney.
(j) Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred outside of this State, the local department shall:
(k) Notwithstanding the provisions of this section, the Secretary may implement an alternative response program for selected reports of abuse or neglect.
(l)(1) The Department shall convene a multidisciplinary alternative response advisory council.
(m) Only a low risk report of abuse or neglect may be considered for an alternative response.
(n) A report that is not assigned for an alternative response shall be assigned for investigation in accordance with this section.
(o) The following reports of suspected abuse or neglect may not be assigned for an alternative response:
(p) A report assigned for an alternative response may be reassigned at any time for an immediate investigation based on any of the following factors and circumstances:
(q) A report assigned for an investigation may be reassigned for an alternative response at any time based on:
(r) When a report is referred for an alternative response, the local department shall:
(s) The local department:
(t) The Department shall implement policies to ensure that if a local department or the appropriate law enforcement agency fails to see a child in accordance with the time frames established under subsection (c) of this section:
(u)(1) The Department shall prepare and issue a quarterly report identifying investigations or reports that are not completed within the time frames required by this section.
(3) On or before December 1, 2022, and each December 1 thereafter, the Department shall, subject to § 2-1257 of the State Government Article, report to the General Assembly on the progress of local departments in complying with the time frames for conducting investigations and completing reports under this section.
Credits
Added by Acts 1987, c. 635, § 2, eff. July 1, 1988. Amended by Acts 1988, c. 6, § 2, eff. July 1, 1988; Acts 1988, c. 247, § 1, eff. July 1, 1988; Acts 1994, c. 728, § 1, eff. Oct. 1, 1994; Acts 2003, c. 308, § 1, eff. Oct. 1, 2003; Acts 2005, c. 464, § 3, eff. Jan. 1, 2006; Acts 2011, c. 398, § 1, eff. Oct. 1, 2011; Acts 2011, c. 399, § 1, eff. Oct. 1, 2011; Acts 2012, c. 397, § 1, eff. July 1, 2012; Acts 2017, c. 62, § 6; Acts 2019, c. 50, § 1, eff. July 1, 2019; Acts 2019, c. 51, § 1, eff. July 1, 2019; Acts 2019, c. 559, § 1, eff. Oct. 1, 2019; Acts 2021, c. 129, § 1, eff. Oct. 1, 2021; Acts 2022, c. 135, § 5; Acts 2022, c. 200, §§ 1, 2, eff. Oct. 1, 2022.
MD Code, Family Law, § 5-706, MD FAMILY § 5-706
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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