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ROBERT L. EHRLICH, JR., Governor Ch. 279
hospital or birthing center under certain circumstances; requiring the
Department of Human Resources to submit certain reports to the General
Assembly on or before certain dates; and generally relating to the disclosure of
certain information concerning child abuse and neglect,
BY repealing and reenacting, with amendments,
Article 88A - Department of Human Resources
Section 6
Annotated Code of Maryland
(2003 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 88A - Department of Human Resources
6.
(a) Except in accordance with a court order or to an authorized officer or
employee of the State, another state or local government, or the United States, or a
fiduciary institution having a right thereto in an official capacity, and as necessary to
discharge responsibilities to administer public assistance, medical assistance, or
social services programs, it shall be unlawful for any person or persons to divulge or
make known in any manner any information concerning any applicant for or recipient
of social services, child welfare services, cash assistance, food stamps, or medical
assistance, directly or indirectly derived from the records, papers, files, investigations
or communications of the State, county or city, or subdivisions or agencies thereof, or
acquired in the course of the performance of official duties.
(b) Except as otherwise provided in Title 5, Subtitle 7 of the Family Law
Article, § 6A of this subtitle, and this section, all records and reports concerning child
abuse or neglect are confidential, and their unauthorized disclosure is a criminal
offense subject to the penalty set out in subsection (e) of this section. Reports or
records concerning child abuse or neglect:
(1) Shall be disclosed:
(i) Under a court order; or
(ii) Under an order of an administrative law judge, if the request for
disclosure concerns a case pending before the Office of Administrative Hearings and
provisions are made to comply with other State or federal confidentiality laws and to
protect the identity of the reporter or other person whose life or safety is likely to be
endangered by disclosure; and
(2) May be disclosed on request:
(i) To personnel of local or State departments of social services, law
enforcement personnel, and members of multidisciplinary case consultation teams,
who are investigating a report of known or suspected child abuse or neglect or who
are providing services to a child or family that is the subject of the report;
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