2028

LAWS OF MARYLAND

Ch. 296

Defined terms: "Abuse" § 5-901

"Child" § 5-901 "Local department" § 5-901

5-912. SAME -- PROTECTION OF RIGHTS OF SUSPECTED CHILD ABUSERS.

(A)  RULES AND REGULATIONS.

THE SECRETARY OF HUMAN RESOURCES SHALL ADOPT RULES AND
REGULATIONS NECESSARY TO PROTECT THE RIGHTS OF PERSONS SUSPECTED
OF CHILD ABUSE. THE RULES AND REGULATIONS SHALL INCLUDE THE
PROVISIONS OF THIS SECTION.

(B)  NOTICE.

BEFORE THE NAME OF A PERSON WHO IS SUSPECTED OF CHILD ABUSE
IS ENTERED IN THE CHILD ABUSE CENTRAL REGISTRY, THE PERSON SHALL
BE GIVEN NOTICE.

(C)  HEARING REQUIRED; EXCEPTION.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION, ON REQUEST BY A PERSON SUSPECTED OF CHILD ABUSE, THE
DEPARTMENT SHALL HOLD AN ADMINISTRATIVE HEARING FOR THE PURPOSE
OF ALLOWING THE PERSON TO APPEAL THE ENTRY OF THE PERSON'S NAME
IN THE CENTRAL REGISTRY.

(2)  THE HEARING SHALL BE HELD IN THE COUNTY IN WHICH
THE PERSON SUSPECTED OF CHILD ABUSE RESIDES.

(3)  THE NAME OF A PERSON ADJUDICATED A CHILD ABUSER
MAY BE ENTERED IN THE CENTRAL REGISTRY WITHOUT AN OPPORTUNITY FOR
A HEARING UNDER THIS SUBSECTION.

(D)  REQUIREMENTS FOR ENTRY OF NAME IN CENTRAL REGISTRY.

THE DEPARTMENT MAY NOT ENTER THE NAME OF A PERSON IN THE
CENTRAL REGISTRY UNLESS THE PERSON HAS:

(1)  BEEN ADJUDICATED A CHILD ABUSER;

(2)  UNSUCCESSFULLY APPEALED THE ENTRY OF THE PERSON'S
NAME IN THE CENTRAL REGISTRY UNDER PROCEDURES ESTABLISHED BY THE
DEPARTMENT AND THIS SECTION; OR

(3)  FAILED TO RESPOND WITHIN 15 DAYS TO NOTICE BY THE
DEPARTMENT OF THE DEPARTMENT'S INTENT TO ENTER THE PERSON'S NAME
IN THE CENTRAL REGISTRY.

(E)  REMOVAL OF NAME FROM CENTRAL REGISTRY.

ON REQUEST BY THE PERSON, THE DEPARTMENT SHALL REMOVE THE
NAME OF A PERSON SUSPECTED OF CHILD ABUSE FROM THE CENTRAL
REGISTRY IF NO ENTRY HAS BEEN MADE FOR THAT PERSON FOR 7 YEARS
BEFORE THE DATE OF THE REQUEST.