WILLIAM DONALD SCHAEFER, Governor Ch. 770

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-705.

(a) [Notwithstanding] (1) EXCEPT AS PROVIDED IN PARAGRAPH
(2) OF THIS SUBSECTION, NOTWITHSTANDING any other provision of
law, including any law on privileged communications, a person
other than a health practitioner, police officer, or educator or
human service worker who has reason to believe that a child has
been subjected to abuse or neglect shall:

[(1)] (i) if the person has reason to believe the
child has been subjected to abuse, notify the local department or
the appropriate law enforcement agency; or

(ii) if the person has reason to believe the
child has been subjected to neglect, notify the local department.

(2)  A PERSON IS NOT REQUIRED TO PROVIDE NOTICE UNDER
PARAGRAPH (1) OF THIS SUBSECTION:

(I) IN VIOLATION OF THE PRIVILEGE DESCRIBED
UNDER § 9-111 OF THE COURTS ARTICLE;

(II) IF THE NOTICE WOULD DISCLOSE MATTER IN
RELATION TO ANY CONFESSION OR COMMUNICATION DESCRIBED UNDER §
9-111 OF THE COURTS ARTICLE;

(III) (I) IN VIOLATION OF THE PRIVILEGE
DESCRIBED UNDER § 9-108 OF THE COURTS ARTICLE;

(IV) (II) IF THE NOTICE WOULD DISCLOSE MATTER
COMMUNICATED IN CONFIDENCE BY A CLIENT TO THE CLIENT'S ATTORNEY
OR OTHER INFORMATION RELATING TO THE REPRESENTATION OF THE
CLIENT; OR

(V) (III) IN VIOLATION OF ANY CONSTITUTIONAL
RIGHT TO ASSISTANCE OF COUNSEL.

(3) A MINISTER OF THE GOSPEL, CLERGYMAN, OR PRIEST OF
AN ESTABLISHED CHURCH OF ANY DENOMINATION IS NOT REQUIRED TO
PROVIDE NOTICE UNDER PARAGRAPH (1) OF THIS SUBSECTION IF THE
NOTICE WOULD DISCLOSE MATTER IN RELATION TO ANY COMMUNICATION
DESCRIBED IN § 9-111 OF THE COURTS ARTICLE AND:

(I) THE COMMUNICATION WAS MADE TO THE MINISTER,

CLERGYMAN, OR PRIEST IN A PROFESSIONAL CHARACTER IN THE COURSE OF

DISCIPLINE ENJOINED BY THE CHURCH TO WHICH THE MINISTER,

CLERGYMAN, OR PRIEST BELONGS; AND

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