WILLIAM DONALD SCHAEFER, Governor                   Ch. 635

5-715.

(A)  THE SECRETARY OF HUMAN RESOURCES SHALL ADOPT
REGULATIONS NECESSARY TO PROTECT THE RIGHTS OF PERSONS SUSPECTED
OF ABUSE OR NEGLECT.

(B)  BEFORE THE NAME OF A PERSON WHO IS SUSPECTED OF ABUSE
OR NEGLECT IS ENTERED IN THE CENTRAL REGISTRY, THE PERSON SHALL
BE GIVEN NOTICE.

(C)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION, ON REQUEST BY A PERSON SUSPECTED OF ABUSE OR NEGLECT,
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 ABUSE OR NEGLECT 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)  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)  ON REQUEST BY THE PERSON, THE DEPARTMENT SHALL REMOVE
THE NAME OF A PERSON SUSPECTED OF ABUSE OR NEGLECT FROM THE
CENTRAL REGISTRY IF NO ENTRY HAS BEEN MADE FOR THAT PERSON FOR 7
YEARS BEFORE THE DATE OF THE REQUEST.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July I, 1988.

Approved June 2, 1987.

- 2955 -