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Session Laws, 2003
Volume 799, Page 2309   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 308

(5) any other information that would help to determine:

(i) the cause of the suspected abuse or neglect; and

(ii) the identity of any individual responsible for the abuse or
neglect.

5-705.

(a)     (1) Except as provided in paragraphs (2) and (3) of this subsection,
notwithstanding any other provision of law, including a law on privileged
communications, a person IN THIS STATE 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:

(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 § 9-108 of the
Courts Article;

(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

(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

(ii) the minister, clergyman, or priest is bound to maintain the
confidentiality of that communication under canon law, church doctrine, or practice.

(b)     (1) An agency to which a report of suspected abuse is made under
subsection (a) of this section shall immediately notify the other agency.

(2) This subsection does not prohibit a local department and an
appropriate law enforcement agency from agreeing to cooperative arrangements.

(c)     A report made under subsection (a) of this section may be oral or in
writing.

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Session Laws, 2003
Volume 799, Page 2309   View pdf image
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