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Session Laws, 1999
Volume 796, Page 1896   View pdf image
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2. FAILED TO EXERCISE THE INDIVIDUAL'S APPEAL RIGHTS
WITHIN THE TIME FRAMES SPECIFIED IN § 5-706.1 OF THIS SUBTITLE, TITLE 10,
SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE, OR THE MARYLAND RULES.

(2) THE DEPARTMENT WITHOUT THE NECESSITY OF A REQUEST SHALL
REMOVE FROM THE NAME OF AN INDIVIDUAL DESCRIBED IN PARAGRAPH (1) OF THIS
SUBSECTION THE IDENTIFICATION OF THAT INDIVIDUAL AS RESPONSIBLE FOR
ABUSE OR NEGLECT IF NO ENTRY HAS BEEN MADE FOR THAT INDIVIDUAL FOR 7
YEARS AFTER THE ENTRY OF THE INDIVIDUAL'S NAME IN A REGISTRY.

(F) (1) EXCEPT FOR INFORMATION ENTERED IN ACCORDANCE WITH
SUBSECTION (E) OF THIS SECTION, INFORMATION IN A CENTRAL REGISTRY MAY NOT
BE USED AS A SOLE BASIS FOR RESPONDING TO ANY REQUEST FOR BACKGROUND
INFORMATION FOR EMPLOYMENT OR VOLUNTARY SERVICE.

(2) AN OFFICIAL OR EMPLOYEE OF THE DEPARTMENT OR A LOCAL
DEPARTMENT WHO RELEASES INFORMATION FROM A CENTRAL REGISTRY IN
VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION IS SUBJECT TO THE PENALTY
PROVIDED IN ARTICLE 88A, § 6(E) OF THE CODE.

(G) THE SECRETARY OF HUMAN RESOURCES:

(1) SHALL ADOPT REGULATIONS NECESSARY TO PROTECT THE RIGHTS
OF INDIVIDUALS SUSPECTED OF ABUSE OR NEGLECT; AND

(2) MAY ADOPT REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS

SECTION.
5-714.

(A) THE LOCAL DEPARTMENT OF SOCIAL SERVICES SHALL PROVIDE AN
INDIVIDUAL WITH AN OPPORTUNITY TO APPEAL
AN UNEXPUNGED FINDING OF
INDICATED OR UNSUB
STANTIATED ABUSE OR NEGLECT IN ACCORDANCE WITH §
5-70
6.1 OF THIS SUBTITLE IF THE INDIVIDUAL:

(1) REQUESTS SUCH AN APPEAL;

(2) HAS NOT BEEN OFFERED AN OPPORTUNITY TO REQUEST A
CONTESTED CASE HEARING
; AND

(3) HAS NOT BEEN FOUND GUILTY OF ANY CRIMINAL CHARGE ARISING
OUT OF THE ALLEGED ABUSE OR NEGLECT.

(B) THE ADMINISTRATION SHALL ADOPT REGULATIONS TO CARRY OUT THE
PROVISIONS OF THIS SECTION.

[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 a central registry, the person shall be given notice.


 

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Session Laws, 1999
Volume 796, Page 1896   View pdf image
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