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Ch. 279
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2002 LAWS OF MARYLAND
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(1) where the allegedly abused or neglected child lives; or
(2) if different, where the abuse or neglect is alleged to have taken place.
(0-1) "LOCAL DEPARTMENT CASE FILE" MEANS THAT COMPONENT OF THE
DEPARTMENT'S CONFIDENTIAL COMPUTERIZED DATABASE THAT CONTAINS
INFORMATION REGARDING CHILD ABUSE AND NEGLECT INVESTIGATIONS TO WHICH
ACCESS IS LIMITED TO THE LOCAL DEPARTMENT STAFF RESPONSIBLE FOR THE
INVESTIGATION.
5-714.
(b) (1) The respective local departments throughout this State shall provide
the information for a central registry.
(2) EXCEPT AS PROVIDED IN FOR IDENTIFYING INFORMATION
AUTHORIZED UNDER SUBSECTION (D) OF THIS SECTION, A CENTRAL REGISTRY MAY
NOT INCLUDE INFORMATION FROM A LOCAL DEPARTMENT CASE FILE UNTIL ANY
INDIVIDUAL FOUND RESPONSIBLE FOR INDICATED OR UNSUBSTANTIATED CHILD
ABUSE OR NEGLECT HAS:
(I) BEEN FOUND GUILTY OF ANY CRIMINAL CHARGE ARISING
FROM THE ALLEGED ABUSE OR NEGLECT;
(II) UNSUCCESSFULLY APPEALED THE FINDING IN ACCORDANCE
WITH THE PROCEDURES ESTABLISHED UNDER § 5-706.1 OF THIS SUBTITLE; OR
(III) FAILED TO EXERCISE THE APPEAL RIGHTS WITH 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.
(d) (1) Except as provided in paragraph (2) of this subsection, and subject to
subsection (e) of this section, a central registry may contain identifying information
related to an investigation of abuse or neglect.
(2) A central registry may not contain identifying information related to
an investigation of abuse or neglect if:
(i) abuse or neglect has been ruled out; or
(ii) the abuse or neglect finding has been expunged in accordance
with § 5-707(b)(1) of this subtitle.
(e) (1) The Department or a local department may identify an individual as
responsible for abuse or neglect in a central registry only if the individual:
(i) has been found guilty of any criminal charge arising out of the
alleged abuse or neglect; or
(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
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