Ch. 163                                    2003 LAWS OF MARYLAND

(ii) has been found responsible for indicated abuse or neglect and
has:

1.       unsuccessfully appealed the finding in accordance with
the procedures established under § 5-706.1 of this subtitle; or

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) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CENTRAL
REGISTRY MAY NOT INCLUDE THE IDENTITY OF AN INDIVIDUAL RELATED TO AN
INVESTIGATION OF NEGLECT OR FOUND RESPONSIBLE FOR NEGLECT WHEN:

(1)      A CHILD HAS BEEN RELEASED FROM A HOSPITAL OR OTHER
FACILITY;

(2)      THE CHILD HAS BEEN DIAGNOSED WITH A MENTAL DISORDER OR
DEVELOPMENTAL DISABILITY; AND

(3)      THE INDIVIDUAL HAS FAILED TO TAKE THE CHILD HOME DUE TO A
REASONABLE FEAR FOR THE SAFETY OF THE CHILD OR CHILD'S FAMILY.

[(g)] (H) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

Approved April 22, 2003.

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