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VETOES
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H.B. 900
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My Administration believes the appropriate amount of information sharing necessary
to develop programs and a policy aimed at greater protection for our youth currently
exists. In its wisdom, the General Assembly, in keeping with the provisions contained
in the federal Child Abuse Prevention and Treatment Act, passed Citizen Review
Panels and Child Fatality Review Teams in 1999, thereby creating a system of citizen
review that addresses the very issue that House Bill 900 proposes to resolve. Each of
the citizen review entities, Citizen Review Board for Children, State Council on Child
Abuse and Neglect, and the State Child Fatality Review Team are required to review
and make recommendations for improving the State's child protection activities. This
statute requires a representative of the Department of Health and Mental Hygiene to
participate as a member on the State Council on Child Abuse and Neglect, the
Secretary of the Department of Health and Mental Hygiene to be a member of the
State Child Fatality Review Team, and the local health officer be a member of the
local child fatality review team. As members of the citizen review entities, local health
departments have access to local departments of social services child protective
services investigations - the department can see the actual records, but not retain
them. This access, however, stops short of an absolute requirement to provide all such
records to a local health department on demand, without regard to whether or not the
local health department is providing a service to a family.
My Administration has offered its cooperation to the Baltimore City Health
Department in developing new initiatives to prevent children from becoming victims
of crime. Further, we will continue to strive for a suitable balance between the
protection of our children, privacy rights of our families and the needs of our
localities. The issues presented in House Bill 900 would be more appropriately
addressed through a memorandum of understanding among the affected entities,
rather than through legislation.
For the above stated reasons, I have vetoed House Bill 900.
Very truly yours,
Robert L. Ehrlich, Jr.
Governor
House Bill No. 900
AN ACT concerning
Children - Records -Access by Local Health Departments the Baltimore City
Health Department
FOR the purpose of requiring the Department of Juvenile Services to disclose to a
local health department the Baltimore City Health Department certain records
concerning certain children under certain circumstances; requiring the
Baltimore City Health Department to submit certain reports under certain
circumstances; requiring that certain records and reports concerning child
abuse and neglect be disclosed to a local health department the Baltimore City
Health Department under certain circumstances; authorizing access to certain
court records and police records by a local health department the Baltimore City
Health Department under certain circumstances; requiring the Department of
- 4284 -
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