WILLIAM DONALD SCHAEFER, Governor                            Ch. 318

5-706.2.

(A)     WHEN THERE HAS BEEN A FINDING OF INDICATED OR
UNSUBSTANTIATED CHILD ABUSE OR NEGLECT UNDER § 5-706 OF THIS SUBTITLE,
AND AN ADMINISTRATIVE HEARING TO APPEAL HAS BEEN REQUESTED BEFORE AN
ADMINISTRATIVE LAW JUDGE UNDER § 5-706.1 OF THIS SUBTITLE, THE PERSON WHO
IS THE ALLEGED ABUSER OR THE PERSON WHO IS SUSPECTED OF CHILD NEGLECT
MAY REQUEST AN IN CAMERA REVIEW BY THE ADMINISTRATIVE LAW JUDGE OF
THE FULL REPORT OR RECORD TO DETERMINE THE ACCURACY AND SUFFICIENCY
OF THE REPORT OR RECORD.

(B)      ON NOTICE TO THE DEPARTMENT BY THE OFFICE OF ADMINISTRATIVE
HEARINGS THAT THERE HAS BEEN A REQUEST UNDER THIS SECTION OR § 5-706.1 OF
THIS SUBTITLE, THE DEPARTMENT SHALL FORWARD ALL REPORTS AND RECORDS
CONCERNING THE CASE TO THE OFFICE OF ADMINISTRATIVE HEARINGS.

(C)      AFTER THE ADMINISTRATIVE LAW JUDGE DETERMINES THAT THE
INFORMATION CONTAINED IN THE REPORT OR RECORD IS SUFFICIENT AND
ACCURATE FOR PURPOSES OF DETERMINING AN ISSUE IN A PROCEEDING, THE
ADMINISTRATIVE LAW JUDGE MAY PROVIDE THE FULL REPORT OR RECORD TO
THE PERSON WHO IS THE SUBJECT OF THE REPORT OR RECORD, PROVIDED THAT
PROVISIONS ARE MADE FOR THE PROTECTION OF THE IDENTITY OF THE PERSON
WHO PROVIDED THE INFORMATION IN THE REPORT OR RECORD OR ANY OTHER
PERSON WHOSE LIFE OR SAFETY IS LIKELY TO BE ENDANGERED BY THE PROVISION
OF THE FULL REPORT OR RECORD.

(D)     (1) IF A PERSON CONTESTS THE FINDING OF THE DEPARTMENT, AFTER
REVIEW OF THE REPORTS AND RECORDS AND ANY ADDITIONAL WRITTEN
INFORMATION SUBMITTED BY THE PERSON, THE ADMINISTRATIVE LAW JUDGE
SHALL MAKE A DETERMINATION AS TO THE CORRECTNESS OF THE FINDING.

(2) IF THE ADMINISTRATIVE LAW JUDGE DETERMINES THAT THE
FINDING IS INCORRECT, THE ADMINISTRATIVE LAW JUDGE SHALL ORDER THE
DEPARTMENT TO AMEND, MODIFY, OR EXPUNGE THE FINDING. AS APPROPRIATE.

5-707.

(a) Subject to federal and State law, the Administration shall provide by
regulation ADOPTED IN ACCORDANCE WITH TITLE 10, SUBTITLE 1 OF THE STATE
GOVERNMENT ARTICLE:

(1)      procedures for protecting the confidentiality of reports and records
made in accordance with this subtitle: [and]

(2)      conditions under which information may be released: AND

(3)      CONDITIONS FOR DETERMINING IN CASES WHETHER ABUSE,
NEGLECT, OR SEXUAL ABUSE IS INDICATED, RULED OUT, OR UNSUBSTANTIATED.

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