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2351
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MARVIN MANDEL, Governor
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 35A(j) be and it is hereby
added to Article 27 - Crimes and Punishments, of the
Annotated Code of Maryland (1976 Replacement Volume and
1976 Supplement) to read as follows:
Article 27 - Crimes and Punishments
35A.
(J) THE SECRETARY OF THE DEPARTMENT OF HUMAN
RESOURCES SHALL ADOPT RULES AND REGULATIONS TO ENSURE THE
PROTECTION OF INDIVIDUAL RIGHTS. THESE SHALL INCLUDE THE
FOLLOWING:
(1) NOTICE BEING SENT TO A SUSPECTED CHILD
ABUSER.
(2) AN ADMINISTRATIVE HEARING FOR A
SUSPECTED CHILD ABUSER.
(3) EXPUNGEMENT OF ALL REFERENCES TO A
SUSPECTED CHILD ABUSER'S NAME IF HIS NAME WAS
INAPPROPRIATELY PLACED IN THE CENTRAL REGISTRY.
(J) THE SECRETARY OF THE DEPARTMENT OF HUMAN
RESOURCES SHALL ADOPT RULES AND REGULATIONS NECESSARY TO
PROTECT THE RIGHTS OF SUSPECTED CHILD ABUSERS. THE RULES
AND REGULATIONS SHALL INCLUDE THE FOLLOWING:
(1) NOTICE TO THE SUSPECTED CHILD ABUSER
PRIOR TO THE ENTRY OF HIS NAME TO THE CHILD ABUSE CENTRAL
REGISTRY.
(2) UPON REQUEST OF THE SUSPECTED CHILD
ABUSER, THE DEPARTMENT OF HUMAN RESOURCES SHALL CONVENE
AN ADMINISTRATIVE HEARING FOR THE PURPOSE OF ALLOWING THE
SUSPECTED CHILD ABUSER TO APPEAR THIS ENTRY. THIS
ADMINISTRATIVE HEARING SHALL BE CONVENED IN THE COUNTY OF
THE RESIDENCE OF THE SUSPECTED CHILD ABUSER. THIS
PARAGRAPH DOES NOT APPLY TO THOSE WHO HAVE BEEN
ADJUDICATED A CHILD ABUSER.
(3) THE DEPARTMENT OF HUMAN RESOURCES MAY
NOT ENTER INTO THE CHILD ABUSE CENTRAL REGISTRY THE NAME
OF ANY PERSON, UNLESS THAT PERSON HAS:
(A) BEEN ADJUDICATED A CHILD ABUSER;
OR
(3) UNSUCCESSFULLY APPEALED THE ENTRY
OF HIS NAME IN THE CHILD ABUSE CENTRAL REGISTRY THROUGH
PROCEDURES ESTABLISHED BY THE DEPARTMENT AND THIS ACT; OR
(C) FAILED TO RESPOND WITHIN 15 DAYS
TO NOTIFICATION BY THE DEPARTMENT OF HUMAN RESOURCES OF
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