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995
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HARRY HUGHES, Governor
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Article 27 - Crimes and Punishments
Section 35A(i)
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
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BY adding to
Article 27 - Crimes and Punishments
Section 35A(i)
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Articles 21 - Crimes and Punishments
35A.
The General Assembly hereby declares as its legislative
intent and purpose the protection of children who have been the
subject of abuse by mandating the reporting of suspected abuse,
by extending immunity to those who report in good faith, by
requiring prompt investigations of such reports and by causing
immediate, cooperative efforts by the responsible agencies on
behalf of such children.
[(i) (1) Based on their findings, the local department of
social services shall render the appropriate service in the best
interests of the child, including, when indicated, petitioning
the juvenile court in behalf of the child for the added
protection to the child which either commitment or custody would
provide. [ The local State's attorney and other appropriate law
enforcement agencies having jurisdiction shall take such lawful
action as may be appropriate in the circumstances.]
(I) (1) IF A REPRESENTATIVE OF THE LOCAL DEPARTMENT OF
SOCIAL SERVICES IS CONDUCTING AN INVESTIGATION UNDER THIS
SUBTITLE, AND HAS PROBABLE CAUSE TO BELIEVE THAT A CHILD IS IN
SERIOUS PHYSICAL DANGER OR THAT AN EMERGENCY EXISTS, THE LOCAL
DEPARTMENT SHALL SEEK A COURT ORDER THAT PERMITS A REPRESENTATIVE
OF THE LOCAL DEPARTMENT.
(I) TO ENTER THE HOUSEHOLD TO DETERMINE THE
CONDITION OF THE CHILD; AND
(II) TO REMOVE THE CHILD, IF CONDITIONS
WARRANT.
(2) (I) A POLICE OFFICER SHALL ACCOMPANY THE
REPRESENTATIVE IN CARRYING OUT THE ORDER AND MAY USE REASONABLE
FORCE TO ENABLE THE REPRESENTATIVE TO GAIN ENTRY.
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