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§ 5-705. Reports of suspected abuse or neglect; other persons

West's Annotated Code of MarylandFamily LawEffective: October 1, 2011

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 7. Child Abuse and Neglect (Refs & Annos)
Effective: October 1, 2011
MD Code, Family Law, § 5-705
§ 5-705. Reports of suspected abuse or neglect; other persons
Persons required to notify authorities and report suspected instances of abuse or neglect; exceptions
(a)(1) Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person in this State other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall notify the local department or the appropriate law enforcement agency.
(2) A person is not required to provide notice under paragraph (1) of this subsection:
(i) in violation of the privilege described under § 9-108 of the Courts Article;
(ii) if the notice would disclose matter communicated in confidence by a client to the client's attorney or other information relating to the representation of the client; or
(iii) in violation of any constitutional right to assistance of counsel.
(3) A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (1) of this subsection if the notice would disclose matter in relation to any communication described in § 9-111 of the Courts Article and:
(i) the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and
(ii) the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
Agency to notify the other agency
(b)(1) An agency to which a report of suspected abuse or neglect is made under subsection (a) of this section shall immediately notify the other agency.
(2) This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.
Oral or written report
(c) A report made under subsection (a) of this section may be oral or in writing.
Contents of report
(d)(1) To the extent possible, a report made under subsection (a) of this section shall include the information required by § 5-704(c) of this subtitle.
(2) A report made under subsection (a) of this section shall be regarded as a report within the provisions of this subtitle, whether or not the report contains all of the information required by § 5-704(c) of this subtitle.

Credits

Added by Acts 1987, c. 635, § 2, eff. July 1, 1988. Amended by Acts 1988, c. 769, § 1, eff. July 1, 1988; Acts 1988, c. 770, § 1, eff. July 1, 1988; Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1991, c. 55, § 1, eff. April 9, 1991; Acts 2003, c. 308, § 1, eff. Oct. 1, 2003; Acts 2011, c. 398, § 1, eff. Oct. 1, 2011; Acts 2011, c. 399, § 1, eff. Oct. 1, 2011.
MD Code, Family Law, § 5-705, MD FAMILY § 5-705
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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