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Session Laws, 1984
Volume 759, Page 2024   View pdf image
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2024                                        LAWS OF MARYLAND                                    Ch. 296

IF A REPRESENTATIVE OF A LOCAL DEPARTMENT IS CONDUCTING AN
INVESTIGATION UNDER THIS SUBTITLE, THE REPRESENTATIVE MAY ENTER
THE HOUSEHOLD, IF THE REPRESENTATIVE:

(1)  PREVIOUSLY HAS BEEN DENIED THE RIGHT OF ENTRY;
AND

(2)  HAS PROBABLE CAUSE TO BELIEVE THAT A CHILD IS IN
SERIOUS PHYSICAL DANGER OR AND THAT AN EMERGENCY EXISTS.

(B)  POLICE OFFICER TO ACCOMPANY REPRESENTATIVE.

A POLICE OFFICER SHALL ACCOMPANY THE REPRESENTATIVE AND MAY
USE REASONABLE FORCE, IF NECESSARY, TO ENABLE THE REPRESENTATIVE
TO GAIN ENTRY.

(C)  REMOVAL OF CHILD.

IF THE DANGER PROVES TO BE GENUINE, THE REPRESENTATIVE MAY
REMOVE THE CHILD FROM THE HOUSEHOLD TEMPORARILY WITHOUT PRIOR
APPROVAL BY THE JUVENILE COURT.

(D)  EXAMINATION OF CHILD.

IF A CHILD IS REMOVED FROM A HOUSEHOLD UNDER THIS SECTION,
THE LOCAL DEPARTMENT SHALL HAVE THE CHILD THOROUGHLY EXAMINED BY
A PHYSICIAN AND A REPORT OF THIS EXAMINATION SHALL BE INCLUDED IN
THE REPORT MADE UNDER § 5-905 OF THIS SUBTITLE WITHIN THE TIME
SPECIFIED.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 27, §
35A(g).

In subsection (a)(2) of this section, "emergency" is
substituted for "emergency situation", for consistency
with § 5-706 of this title.

In subsection (d) of this section, a reference to "§
5-905 of this subtitle" is substituted for the former
reference to "subsection (e)" of former Article 27, §
35A. Although § 5-905 of this subtitle corresponds to
subsection (f) of former Article 27, § 35A, rather
than to subsection (e) of that former section, the
legislative history makes it clear that the former
reference was erroneous and that the revised reference
reflects legislative intent. See Chapters 656 and
835, Acts of 1973.

Defined terms: "Child" § 5-901

"Local department" § 5-901 "Police officer" § 5-901

5-907. ACTIONS BY LOCAL DEPARTMENT AND STATE'S ATTORNEY'S
OFFICE.

 

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Session Laws, 1984
Volume 759, Page 2024   View pdf image
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