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*hb0980*
HOUSE BILL 980
D4, O4, P1 6lr1090
CF SB 996
By: Delegates Griffith, Acevero, Adams, Addison, Anderson, Arentz, Arikan,
Baker, Beauchamp, Boyce, Buckel, Chisholm, Ciliberti, Coley, Ebersole,
Edelson, Embry, Fair, Feldmark, Ghrist, Hartman, Hinebaugh, Hornberger,
Hutchinson, Ivey, Jacobs, Kipke, R. Long, Mangione, McComas, Metzgar,
Miller, Mireku –North, T. Morgan, Nkongolo, Palakovich Carr, Pasteur,
Patterson, Pippy, Reilly, Roberson, Rogers, Rose, Ruff, Schmidt, Stinnett,
Stonko, Tomlinson, Valentine, Vogel, White Holland, Wilkins, Wilson, and
Wivell Wivell, Cardin, Phillips, Simmons, Moreno, Taylor, Simpson,
Conaway, and Woods
Introduced and read first time: February 6, 2026
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2026
CHAPTER ______
AN ACT concerning 1
Family Law and State Government Human Services – Child Protection and the 2
Office of the Child Welfare Ombudsman Guardianship Assistance Program and 3
State Foster Youth Ombudsman – Establishment 4
(Kanaiyah’s Law) 5
FOR the purpose of requiring the Secretary of Human Services to establish and maintain 6
a Guardianship Assistance Program to promote the placement and maintenance of 7
children in permanent guardianship homes by providing guardianship assistance to 8
guardians of minor children; establishing the State Foster Youth Ombudsman in the 9
Department of Human Services; requiring that a juvenile court include in an order 10
granting guardianship of a child to a specific individual a requirement that the 11
individual provide certain information to a local department of social services under 12
certain circumstances; establishing procedures for the review of certain 13
guardianships of certain children by the juvenile court under certain circumstances; 14
prohibiting the Social Services A dministration from allowing the placement of 15
certain children in unlicensed settings; expanding the list of individuals who are 16
required to obtain a certain criminal history records check to include adults living in 17
2 HOUSE BILL 980
the home of a child’s guardian; establis hing the Office of the Child Welfare 1
Ombudsman in the Office of the Attorney General; exempting from disclosure under 2
the Maryland Public Information Act records related to certain complaints; 3
prohibiting a person from certain willful interference and disc riminatory and 4
retaliatory acts relating to complaints filed with the Office; and generally relating to 5
child protection and the Office of the Child Welfare Ombudsman the Guardianship 6
Assistance Program and the State Foster Youth Ombudsman. 7
BY adding to 8
Article – Family Law 9
Section 5–530.1 10
Annotated Code of Maryland 11
(2019 Replacement Volume and 2025 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Human Services 14
Section 2–101 15
Annotated Code of Maryland 16
(2019 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Human Services 19
Section 2–304 20
Annotated Code of Maryland 21
(2019 Replacement Volume and 2025 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Courts and Judicial Proceedings 24
Section 3–819.2(c) 25
Annotated Code of Maryland 26
(2020 Replacement Volume and 2025 Supplement) 27
BY repealing and reenacting, with amendments, 28
Article – Family Law 29
Section 5–324(b)(1), 5–326(a)(10)(ii), 5–525(a) and (c), and 5–551(b), (g), and (h) 30
Annotated Code of Maryland 31
(2019 Replacement Volume and 2025 Supplement) 32
BY adding to 33
Article – Family Law 34
Section 5–328.1 and 5–551(g) 35
Annotated Code of Maryland 36
(2019 Replacement Volume and 2025 Supplement) 37
BY repealing and reenacting, without amendments, 38
Article – Family Law 39
Section 5–525(b)(1) 40
HOUSE BILL 980 3
Annotated Code of Maryland 1
(2019 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, with amendments, 3
Article – State Government 4
Section 6–101 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7
BY adding to 8
Article – State Government 9
Section 6–5A–01 through 6–5A–11 to be under the new subtitle “Subtitle 5A. Office 10
of the Child Welfare Ombudsman” 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2025 Supplement) 13
Preamble 14
WHEREAS, Child abuse and neglect is a serious and reprehensible problem in 15
society; and 16
WHEREAS, The protection of children from abuse and neglect by applying 17
prevention measures and observing best practices in treating children who are abused and 18
neglected must be one of Maryland’s highest public policy priorities; and 19
WHEREAS, The child welfare system must protect and serve Maryland’s children in 20
a manner that keeps them safe and healthy and promotes their well–being; and 21
WHEREAS, The children and families served by the child welfare system, as well as 22
the public, must have a high level of confidence that the system will act in a child’s best 23
interests and will respond to the child’s needs in a timely and professional manner; and 24
WHEREAS, To engender this high level of confidence in the child welfare system, it 25
is important that children and families who become involved in the system, mandatory 26
reporters, and the general public have a well–publicized, easily accessible, and transparent 27
complaint process for voicing concerns regarding the child welfare system along with the 28
expectation that those concerns, once voiced, will be heard and addressed in a timely and 29
appropriate manner; and 30
WHEREAS, To improve child welfare outcomes and to foster b est practices, there 31
must be effective accountability mechanisms, including the review and evaluation of 32
concerns voiced by children and families, mandatory reporters, persons involved in the 33
child welfare system, and members of the general public, that pr ovide policymakers with 34
the information necessary to formulate systemic changes, where appropriate; now, 35
therefore, 36
4 HOUSE BILL 980
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
3–819.2. 4
(c) An order granting custody and guardianship to an individual under this 5
section: 6
(1) Rescinds the child’s commitment to the local department; 7
(2) Achieves the child’s permanency plan; 8
(3) [Terminates] EXCEPT AS PROVIDED IN § 5–551 OF THE FAMILY 9
LAW ARTICLE WITH RESPECT TO CRIMINAL HISTORY RECORDS CHECKS OF ADULTS 10
RESIDING IN THE HOME OF THE GUARDIAN, TERMINATES the local department’s legal 11
obligations and responsibilities to the child; and 12
(4) Terminates the child’s case, unless the court finds good cause not to 13
terminate the child’s case. 14
Article – Family Law 15
5–530.1. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “GUARDIANSHIP ASSISTANCE” MEANS MONETARY AND MEDICAL 19
ASSISTANCE PROVIDED UNDER THE PROGRAM. 20
(3) “PROGRAM” MEANS THE GUARDIANSHIP ASSISTANCE PROGRAM. 21
(B) THE SECRETARY OF HUMAN SERVICES SHALL ESTABL ISH AND 22
MAINTAIN A GUARDIANSHIP ASSISTANCE PROGRAM TO PROMOTE THE PLACEMENT 23
AND MAINTENANCE OF C HILDREN IN PERMANENT G UARDIANSHIP HOMES BY 24
PROVIDING GUARDIANSHIP ASSISTANCE TO GUARDIANS OF MINOR CHILDREN. 25
(C) A GUARDIAN OF A MINOR CHILD MAY BE ELIGIBLE FOR GUARDIANSHIP 26
ASSISTANCE IF: 27
(1) THE GUARDIAN IS APPOINTED UNDER § 5–326 OF THIS TITLE OR § 28
3–819.2 OF THE COURTS ARTICLE; 29
HOUSE BILL 980 5
(2) THE MINOR CHILD IS P LACED IN FOSTER CARE IN THE 1
GUARDIAN’S FAMILY HOME AT LEA ST 6 CONSECUTIVE MONTHS I MMEDIATELY 2
PRECEDING THE APPOINTMENT AS GUARDIAN; AND 3
(3) THE GUARDIAN ENTERED INTO A WRITTEN VOLUN TARY 4
GUARDIANSHIP ASSISTANCE AGREEMENT WITH A LOCAL DEPARTMENT BEFORE THE 5
APPOINTMENT AS GUARDIAN. 6
(D) ONCE APPROVED, GUARDIANSHIP ASSISTANCE MAY CONTINUE AFT ER 7
AN INDIVIDUAL WITH AN APPOINTED GUARDIAN REACHES THE AGE OF 18 YEARS IF 8
THE INDIVIDUAL IS: 9
(1) ATTENDING SCHOOL; 10
(2) EMPLOYED ON AT LEAST A PART–TIME BASIS; 11
(3) PARTICIPATING IN A P ROGRAM DESIGNED TO P ROMOTE 12
EMPLOYMENT OPPORTUNITIES; OR 13
(4) INCAPABLE OF WORKING DUE TO A DISABILITY. 14
(E) GUARDIANSHIP ASSISTANCE SHALL TERMINATE NOT LATER THAN THE 15
DAY THAT THE INDIVIDUAL WITH THE APPOINTED GUARDIAN REACHES THE AGE OF 16
21 YEARS. 17
(F) (1) LOCAL DEPARTMENTS SHA LL ANNUALLY REVIEW T HE 18
GUARDIANSHIP ASSISTANCE PROVIDED UNDER THIS SECTION. 19
(2) A LOCAL DEPARTMENT MAY TERMINATE GUARDIANSH IP 20
ASSISTANCE IF THE L OCAL DEPARTMENT DETE RMINES, FOLLOWING AN ANNUAL 21
REVIEW, THAT AN ADULT LIVES IN THE GUARDIAN ’S HOME AND IS UNDER THE 22
SUPERVISION OF A CRI MINAL COURT FOLLOWIN G A CONVICTION FOR A CRIME OF 23
VIOLENCE INVOLVING A CHILD VICTIM OR REQU IRED TO REGISTER WIT H A 24
SUPERVISING AUTHORITY IN ACCORDANCE WITH § 11–704 OF THE CRIMINAL 25
PROCEDURE ARTICLE. 26
(G) THE SECRETARY OF HUMAN SERVICES SHALL ADOPT REGULATIONS TO 27
CARRY OUT THIS SECTION. 28
Article – Human Services 29
2–101. 30
(a) In this title the following words have the meanings indicated. 31
6 HOUSE BILL 980
(b) “Department” means the Department of Human Services. 1
(c) “Secretary” means the Secretary of Human Services. 2
2–304. 3
(A) IN THIS SECTION , “OMBUDSMAN” MEANS THE STATE FOSTER YOUTH 4
OMBUDSMAN. 5
(B) THERE IS A STATE FOSTER YOUTH OMBUDSMAN IN THE DEPARTMENT. 6
(C) (1) THE OMBUDSMAN SHALL: 7
(I) BE AN ATTORNEY ADMIT TED TO PRACTICE LAW IN THE 8
STATE; 9
(II) HAVE EXPERIENCE IN CHILD WELFARE; 10
(III) BE APPOINTED BY THE SECRETARY; AND 11
(IV) BE A FULL–TIME EMPLOYEE IN THE MANAGEMENT SERVICE 12
OF THE STATE PERSONNEL MANAGEMENT SYSTEM. 13
(2) NOTWITHSTANDING § 11–305(B) OF THE STATE PERSONNEL AND 14
PENSIONS ARTICLE, THE OMBUDSMAN MAY BE REMO VED FROM OFFICE ONLY 15
AFTER A HEARING BEFO RE THE DEPARTMENT AND A FIND ING OF INCOMPETENCY 16
OR OTHER GOOD CAUSE. 17
(D) THE DEPARTMENT SHALL TAKE APPROPRIATE STEPS TO PROTECT THE 18
AUTONOMY AND INDEPENDENCE OF THE OMBUDSMAN. 19
(E) THE OMBUDSMAN IS ENTITLED TO AN ANNUAL SALARY AS PROVIDED 20
FOR IN THE STATE BUDGET. 21
(F) THE OMBUDSMAN SHALL: 22
(1) PROVIDE LEGAL EXPERTISE IN THE AREAS OF: 23
(I) CHILD WELFARE; 24
(II) CUSTODY AND GUARDIANSHIP MATTERS; AND 25
(III) APPEALS AND DUE PROCESS ISSUES; 26
HOUSE BILL 980 7
(2) PROVIDE A NEUTRAL VOICE TO ADDRESS DIFFERENCES BETWEEN 1
YOUTH EXPERIENCING O UT–OF–HOME CARE , CAREGIVERS, GUARDIANS, AND 2
RESOURCE AND ADOPTIV E PARENTS INTERACTIN G WITH THE DEPARTMENT AND 3
WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; 4
(3) INVESTIGATE COMPLAIN TS FROM YOUTH EXPERI ENCING 5
OUT–OF–HOME CARE; 6
(4) ADDRESS CONCERNS , PROBLEMS, AREAS OF IMPROVEMENT IN 7
SERVICE DELIVERY , OR NEEDS ASSOCIATED WITH THE RIGHTS AND 8
RESPONSIBILITIES OF YOUTH EXPERIENCING OUT–OF–HOME CARE; AND 9
(5) ADVOCATE FOR YOUTH EXPERIENCING OUT–OF–HOME CARE. 10
5–324. 11
(b) (1) In a separate order accompanying an order granting guardianship of a 12
child, a juvenile court: 13
(i) shall include a directive terminating the child’s CINA case; 14
(ii) consistent with the child’s best interests: 15
1. may place the child: 16
A. subject to p aragraph (2) of this subsection, in a specific 17
type of facility; or 18
B. with a specific individual; 19
2. may direct provision of services by a local department to: 20
A. the child; or 21
B. the child’s caregiver; 22
3. subject to a local department retaining legal guardianship, 23
may award to a caregiver limited authority to make an emergency or ordinary decision as 24
to the child’s care, education, mental or physical health, or welfare; 25
4. may allow access to a medical or other record of the child; 26
5. may allow visitation for the child with a specific 27
individual; 28
8 HOUSE BILL 980
6. may appoint, or continue the appointment of, a 1
court–appointed special advocate for any purpose set forth under § 3 –830 of the Courts 2
Article; 3
7. shall direct the provision of any other service or taking of 4
any other action as to the child’s education, health, and welfare, including: 5
A. for a child who is at least 16 years old, services needed to 6
help the child’s transition from guardianship to independence; or 7
B. for a child with a developmental disability, services to 8
obtain ongoing care, if any, needed after the guardianship case ends; and 9
8. may co–commit the child to the custody of the Maryland 10
Department of Health and order the Maryland Department of Health to provide a plan for 11
the child of clinically appropriate services in the least restrictive setting, in accordance with 12
federal and State law; 13
(iii) FOR A CHILD PLACED WITH A SPECIFIC INDIVIDUAL, SHALL 14
DIRECT THE INDIVIDUA L TO IMMEDIATE LY NOTIFY A LOCAL DE PARTMENT IF AN 15
ADULT BEGINS RESIDIN G IN THE HOME OF THE INDIVIDUAL AND THE A DULT HAS 16
NOT COMPLETED A CRIM INAL HISTORY RECORDS CHECK UNDER § 5–551 OF THIS 17
TITLE. 18
(IV) if entered under § 5–322 of this subtitle, shall state each party’s 19
response to the petition; 20
[(iv)] (V) shall state a specific factual finding on whether reasonable 21
efforts have been made to finalize the child’s permanency plan; 22
[(v)] (VI) shall state whether the child’s parent has waived the right 23
to notice; and 24
[(vi)] (VII) shall set a date, no later than 180 days after the date of 25
the order, for the initial guardianship review hearing under § 5–326 of this subtitle. 26
5–326. 27
(a) (10) (ii) [Designation] EXCEPT AS PROVIDED IN § 5–551 OF THIS 28
TITLE WITH RESPECT TO CRIM INAL HISTORY RECORDS CHECKS OF ADULTS 29
RESIDING IN THE HOME OF THE GUARDIAN , DESIGNATION of a guardian under this 30
paragraph terminates the local department’s legal obligations and responsibilities to the 31
child. 32
5–328.1. 33
HOUSE BILL 980 9
(A) AFTER A J UVENILE COURT GRANTS GUARDIANSHIP, IF A LOCAL 1
DEPARTMENT DETERMINES THAT REVIEW OF THE GUARDIANSHIP IS IN T HE BEST 2
INTERESTS OF THE CHI LD BASED ON INFORMAT ION RECEIVED FROM A CRIMINAL 3
HISTORY RECORDS CHEC K UNDER § 5–551 OF THIS TITLE REGARD ING AN ADULT 4
WHO RESIDES IN THE HOME OF THE GUARDIAN, THE LOCAL DEPARTMENT SHALL: 5
(1) FILE A PETITION FOR REVIEW OF THE GUARDIANSHIP WITH 6
THE JUVENILE COURT; AND 7
(2) GIVE NOTICE TO EACH PARTY. 8
(B) (1) THE JUVENILE COURT SH ALL SCHEDULE A HEARI NG TO OCCUR 9
WITHIN 30 DAYS AFTER THE FILING OF THE PETITION. 10
(2) IF THE JUVENILE COURT DETERMINES THAT IT I S IN THE BEST 11
INTERESTS OF THE CHILD, THE JUVENILE COURT SHALL: 12
(I) SET ASIDE THE GUARDIANSHIP ORDER; 13
(II) SCHEDULE A PROMPT TR IAL ON THE MERITS OF THE 14
GUARDIANSHIP PETITION; AND 15
(III) REOPEN THE CINA CASE FOR REVIEW AS REQUIRED UNDER 16
TITLE 3, SUBTITLE 8 OF THE COURTS ARTICLE. 17
5–525. 18
(a) (1) In this section [, “disability” ] THE FOLLOWING WORDS HAVE THE 19
MEANINGS INDICATED. 20
(2) (I) “DISABILITY” means: 21
[(i)] 1. a physical or mental impairment that substantially limits 22
one or more of an individual’s major life activities; 23
[(ii)] 2. a record of having a physical or mental impairment that 24
substantially limits one or more of an individual’s major life activities; or 25
[(iii)] 3. being regarded as having a physical or mental impairment 26
that substantially limits one or more of an individual’s major life activities. 27
[(2)] (II) “Disability” shall be construed in accordance with the ADA 28
Amendments Act of 2008, P.L. 110–325. 29
10 HOUSE BILL 980
(3) (I) “UNLICENSED SETTING ” MEANS A SETTING FOR AN 1
OUT–OF–HOME PLACEMENT THAT IS NOT LICENSED. 2
(II) “UNLICENSED SETTING” INCLUDES: 3
1. A HOTEL, MOTEL, OR SHORT–TERM RENTAL; 4
2. A SHELTER DESIGNATED TO MEET THE NEEDS OF A 5
CHILD WHO HAS RUN AWAY OR WHO IS HOMELESS; AND 6
3. AN OFFICE BUILDING O R OTHER NONRESIDENTI AL 7
ENVIRONMENT. 8
(III) “UNLICENSED SETTING” DOES NOT INCLUDE: 9
1. THE VOLUNTARY PLACEM ENT OF A FORMER CINA; 10
OR 11
2. THE PLACEMENT OF A CHILD WITH: 12
A. AN INDIVIDUAL WHO IS A KINSHIP CAREGIVER OR 13
FOSTER PARENT OR WHO IS IN THE PROCESS OF APPLYING TO BE A KIN SHIP 14
CAREGIVER OR FOSTER PARENT; OR 15
B. A PARENT , INCLUDING IN A FAMIL Y–BASED 16
RESIDENTIAL TREATMENT SETTING. 17
(b) (1) The Administration shall establish a program of out –of–home 18
placement for minor children: 19
(i) who are placed in the custody of a local department, for a period 20
of not more than 180 days, by a parent or legal guardian under a voluntary placement 21
agreement; 22
(ii) who are abused, abandoned, neglected, or dependent, if a 23
juvenile court: 24
1. has determined that continued residence in the child’s 25
home is contrary to the child’s welfare; and 26
2. has committed the child to the custody or guardianship of 27
a local department; or 28
HOUSE BILL 980 11
(iii) who, with the approval of the Administration, are placed in an 1
out–of–home placement by a local department under a voluntary placement agreement 2
subject to paragraph (2) of this subsection. 3
(c) In establishing the out–of–home placement program the Administration: 4
(1) shall: 5
[(1)] (I) provide time –limited family reunification services to a child 6
placed in an out –of–home placement and to the parents or guardian of the child, in order 7
to facilitate the child’s safe and appropriate reunification within a timely manner; 8
[(2)] (II) concurrently develop and implement a permanency plan that is 9
in the best interests of the child; and 10
[(3)] (III) provide training on an annual basis for the staff at each local 11
department who administer requests for voluntary placement agreements for children with 12
developmental disabilities or mental illnesses under subsection (b) of this section; AND 13
(2) MAY NOT ALLOW A CHIL D TO BE PLACED IN AN UNLICENSED 14
SETTING. 15
5–551. 16
(b) The following individuals shall obtain a criminal history records check under 17
this Part V of this subtitle: 18
(1) an individual who is seeking to adopt a child through a child placement 19
agency; 20
(2) an individual who is seeking to become a guardian through a local 21
department; 22
(3) an individual whom the juvenile court appoints as a guardian of a child; 23
(4) an adult relative with whom a child, committed to a local department, 24
is placed by the local department; 25
(5) any adult known by a local department or the State Department of 26
Education to be residing in: 27
(i) a family child care home or large family child care home required 28
to be registered under this title; 29
12 HOUSE BILL 980
(ii) a home where informal child care, as defined in child care subsidy 1
regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided 2
or will be provided to a child who does not reside there; 3
(iii) a home of an adult relative of a child with whom the child, 4
committed to a local department, is placed by the local department; 5
(iv) a foster care home or child care home required to be approved 6
under this title; 7
(v) a home of an individual seeking to adopt a child through a child 8
placement agency; [or] 9
(vi) a home of an individual seeking to become a guardian through a 10
local department; OR 11
(VII) SUBJECT TO SUBSECTION (G) OF THIS SECTION, AN ADULT 12
IN THE HOME OF AN IN DIVIDUAL WHOM THE JU VENILE COURT APPOINT S AS 13
GUARDIAN; 14
(6) an individual who agrees to provide, or to continue providing, informal 15
child care, as defined in child care subsidy regulations, adopted under Title 13A of the Code 16
of Maryland Regulations; and 17
(7) if requested by a local department: 18
(i) a parent or guardian of a child who is committed to the local 19
department and is or has been placed in an out –of–home placement within the past year; 20
and 21
(ii) any adult known by the local department to be residing in the 22
home of the parent or guardian. 23
(G) (1) TO CARRY OUT SUBSECTI ON (B)(5)(VII) OF THIS SECTION , AN 24
INDIVIDUAL WHO IS AP POINTED GUARDIAN BY THE JUVENILE COURT S HALL 25
PERIODICALLY PROVIDE TO THE LOCAL DEPARTM ENT IN THE FORM AND MANNER 26
REQUIRED BY THE LOCA L DEPARTMENT THE NAM E OF EACH ADULT RESI DING IN 27
THE GUARDIAN’S HOME. 28
(2) IF A LOCAL DEPARTMENT RECEIVES INFORMATION UNDER 29
PARAGRAPH (1) OF THIS SUBSECTION O R § 5–324(B)(1)(III) OF THIS TITLE 30
INDICATING THAT AN A DULT IS RESIDING IN THE GUARDIAN ’S HOME , AND THAT 31
ADULT HAS NOT OBTAIN ED A CRIMINAL HISTOR Y RECORDS CHECK UNDE R THIS 32
PART V OF THIS SUBTITLE, THE LOCAL DEPARTMENT SHALL IMMEDIATELY REFER 33
HOUSE BILL 980 13
THE ADULT TO THE DEPARTMENT FOR COMPLE TION OF A CRIMINAL H ISTORY 1
RECORDS CHECK. 2
(3) ON COMPLETION OF A CR IMINAL HISTORY RECOR DS CHECK 3
UNDER PARAGRAPH (2) OF THIS SUBSECTION , IF THE LO CAL DEPARTMENT 4
DETERMINES THAT IT I S IN THE BEST INTERE STS OF THE CHILD , THE LOCAL 5
DEPARTMENT SHALL FILE A PETITION WITH THE JUVENILE COURT IN ACCORDANCE 6
WITH § 5–328.1 OF THIS TITLE TO REVIEW THE GUARDIANSHIP. 7
(4) THE DEPARTMENT SHALL ADOP T REGULATIONS TO CARRY OUT 8
THIS SUBSECTION. 9
[(g)] (H) (1) Except as provided in paragraph (2) of this subsection, a person 10
who is required to have a criminal history records check under this Part V of this subtitle 11
shall pay for: 12
(i) the mandatory processing fee required by the Federal Bureau of 13
Investigation for a national criminal history records check; 14
(ii) reasonable administrative costs to the Department, not to exceed 15
10% of the processing fee; and 16
(iii) the fee authorized under § 10 –221(b)(7) of the Criminal 17
Procedure Article for access to Maryland criminal history records. 18
(2) A volunteer under subsection (c), (d), or (e) of this section who 19
volunteers for a program that is registered with the Maryland Mentoring Partnership is 20
required to pay only the mandatory processing fee required by the Federal Bureau of 21
Investigation for a national criminal history records check. 22
[(h)] (I) (1) An employer or other party may pay for the costs borne by the 23
employee or other individual under subsection [(g)] (H) of this section. 24
(2) The local department shall reimburse: 25
(i) an adult residing in a foster care home for the costs borne by the 26
individual under subsection [(g)] (H) of this section; and 27
(ii) an individual described in subsection (b)(7)(ii) of this section for 28
the costs borne by the individual under subsection [(g)] (H) of this section. 29
Article – State Government 30
6–101. 31
14 HOUSE BILL 980
[In] EXCEPT AS PROVIDED IN SUBTITLE 5A OF THIS TITLE, IN this title, “Office” 1
means the Office of the Attorney General. 2
SUBTITLE 5A. OFFICE OF THE CHILD WELFARE OMBUDSMAN. 3
6–5A–01. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(B) “CUSTODY” MEANS: 7
(1) PHYSICAL OR LEGAL CUSTODY OF A CHILD; OR 8
(2) THE RESPONSIBILITY CREATED BY LAW OR A C OURT ORDER FOR 9
THE CARE OF A CHILD. 10
(C) “DEPARTMENT” MEANS THE DEPARTMENT OF HUMAN SERVICES. 11
(D) “LOCAL DEPARTMENT” HAS THE MEANING STAT ED IN § 3–101 OF THE 12
HUMAN SERVICES ARTICLE. 13
(E) “OFFICE” MEANS THE OFFICE OF THE CHILD WELFARE OMBUDSMAN 14
IN THE OFFICE OF THE ATTORNEY GENERAL. 15
(F) “OMBUDSMAN” MEANS THE CHILD WELFARE OMBUDSMAN. 16
(G) “SECRETARY” MEANS THE SECRETARY OF HUMAN SERVICES. 17
6–5A–02. 18
(A) THERE IS AN OFFICE OF THE CHILD WELFARE OMBUDSMAN IN THE 19
OFFICE OF THE ATTORNEY GENERAL. 20
(B) THE PURPOSE OF THE OFFICE IS TO INVESTIG ATE AND DETERMINE 21
WHETHER: 22
(1) THE NEEDS OF CHILDRE N AND FAMILIES UNDER THE 23
JURISDICTION OF THE DEPARTMENT OR A LOCAL DEPARTMENT ARE BEING MET IN 24
COMPLIANCE WITH STATE LAW; 25
(2) THE RIGHTS OF CHILDR EN AND FAMILIES ARE BEING UPHELD ; 26
AND 27
HOUSE BILL 980 15
(3) THE CHILDREN ARE NOT BEING ABUSED OR NEGLECTED. 1
6–5A–03. 2
(A) (1) WITH THE ADVICE AND C ONSENT OF THE SENATE AND INPUT 3
FROM CURRENT OR FORM ER FOSTER CHILDREN , SUBJECT TO PARAGRAPH (2) OF 4
THIS SUBSECTION, THE ATTORNEY GENERAL SHALL APPOINT THE CHILD WELFARE 5
OMBUDSMAN. 6
(2) THE OMBUDSMAN SHALL: 7
(I) HAVE BEEN ADMITTED T O PRACTICE LAW IN TH E STATE; 8
AND 9
(II) HAVE AT LEAST 5 YEARS OF EXPERIENCE IN CHILD 10
WELFARE. 11
(B) (1) THE TERM OF THE OMBUDSMAN IS 5 YEARS. 12
(2) AT THE END OF A TERM, THE OMBUDSMAN CONTINUES TO SERVE 13
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES. 14
(3) AN OMBUDSMAN WHO IS APPO INTED AFTER A TERM B EGINS 15
SERVES FOR THE REMAINDER OF THE TERM UNTIL A SUCCESSOR IS APPOINTED AND 16
QUALIFIES. 17
(C) BEFORE TAKING OFFICE , THE OMBUDSMAN SHALL TAKE THE OATH 18
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 19
(D) THE OMBUDSMAN SHALL BE A FULL–TIME STATE EMPLOYEE. 20
(E) THE OMBUDSMAN IS ENTITLED TO AN ANNUAL SALARY AS PROVIDED 21
FOR IN THE STATE BUDGET. 22
(F) THE ATTORNEY GENERAL MAY REMOVE TH E CHILD WELFARE 23
OMBUDSMAN FOR GOOD CAUSE SHOWN AFTER NOTICE AND AN OPPORTUNITY TO BE 24
HEARD. 25
6–5A–04. 26
(A) THE OFFICE SHALL INCLUDE: 27
16 HOUSE BILL 980
(1) A FULL–TIME OMBUDSMAN; AND 1
(2) STAFF, INCLUDING ASSISTANT OMBUDSMEN, AS ALLOWED FOR IN 2
THE STATE BUDGET. 3
(B) (1) THE OMBUDSMAN MAY APPOINT AND EMPLOY THE 4
PROFESSIONAL, INVESTIGATIVE, AND CLERICAL STAFF P ROVIDED FOR IN THE 5
STATE BUDGET. 6
(2) THE OMBUDSMAN, AS NECESSARY, MAY HIRE OR CONTRACT WITH 7
EXPERTS IN THE FIELD OF CHILD WELFARE. 8
(C) (1) TO THE EXTENT PRACTICABLE, THE OMBUDSMAN SHALL USE THE 9
SERVICES AND PERSONNEL OF: 10
(I) THE OFFICE OF THE ATTORNEY GENERAL; 11
(II) THE DEPARTMENT OF STATE POLICE; AND 12
(III) OTHER STATE AND LAW ENFORCEMENT UNITS. 13
(2) THE UNITS LISTED IN P ARAGRAPH (1) OF THIS SUBSECTION 14
SHALL COOPERATE, TO THE EXTENT PRACTI CABLE, WITH THE OMBUDSMAN AND 15
THE OMBUDSMAN’S STAFF. 16
(D) IN COOPERATION WITH T HE SECRETARY OF BUDGET AND 17
MANAGEMENT, THE ATTORNEY GENERAL SHALL SET MINIMUM SA LARIES, 18
QUALIFICATIONS, AND STANDARDS OF TRAINING AND EXPERIENCE FOR POSITIONS 19
IN THE OFFICE. 20
6–5A–05. 21
(A) THE BUDGET OF THE OMBUDSMAN AND THE OFFICE SHALL BE A PART 22
OF THE BUDGET OF THE OFFICE OF THE ATTORNEY GENERAL. 23
(B) SALARIES OF THE OMBUDSMAN AND ASSISTA NT OMBUDSMEN AND 24
EXPENSES FOR RENT, EQUIPMENT, SUPPLIES, AND GENERAL OPERATING EXPENSES 25
NECESSARY FOR THE WORK OF THE OFFICE SHALL BE AS PROVIDED IN THE STATE 26
BUDGET. 27
(C) THE GOVERNOR SHALL PROVID E IN THE STATE BUDGET SUFFICI ENT 28
MONEY FOR THE OFFICE TO HIRE NECESSARY STAFF. 29
HOUSE BILL 980 17
(D) IF THE BUDGET FOR THE OFFICE IS INSUFFICIEN T TO ALLOW THE 1
OFFICE TO PERFORM THE DUTIES OF THE OFFICE, THE OMBUDSMAN MAY APPLY TO 2
THE BOARD OF PUBLIC WORKS FOR ADDITIONAL MONEY FROM THE GENERAL 3
EMERGENCY FUND. 4
6–5A–06. 5
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , OR AS 6
OTHERWISE PROVIDED BY LAW, ALL PERSONNEL OF THE OFFICE ARE SUBJECT TO 7
THE PROVISIONS OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 8
(B) THE COMPENSATION OF T HE FOLL OWING PERSONNEL SHAL L BE 9
DETERMINED BY THE OMBUDSMAN AND, IF POSSIBLE, IN ACCORDANCE WITH T HE 10
STATE PAY PLAN: 11
(1) ASSISTANT OMBUDSMEN; 12
(2) ATTORNEYS THAT ARE S PECIAL APPOINTEES OR IN THE 13
MANAGEMENT SERVICE; AND 14
(3) ALL POSITIONS IN MAN AGEMENT, PROFESSIONAL, AND SKILLED 15
SERVICE CLASSIFICATIONS UNIQUE TO THE OFFICE. 16
(C) (1) AT LEAST 45 DAYS BEFORE THE EFFECTIVE DATE OF A CHANGE IN 17
SALARY PLAN, THE OMBUDSMAN SHALL SUBMI T TO THE SECRETARY OF BUDGET 18
AND MANAGEMENT EACH CHANGE THAT INVOLVES AN INCREASE OR A DECREASE IN 19
SALARY RANGES OTHER THAN THOSE ASSOCIATED WITH ROUTINE CLASSIFICATIONS 20
AND PROMOTIONS OR GE NERAL SALARY INCREASES APPROVED BY THE GENERAL 21
ASSEMBLY. 22
(2) THE SECRETARY OF BUDGET AND MANAGEMENT SHALL: 23
(I) REVIEW THE PROPOSED CHANGES; AND 24
(II) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE 25
PROPOSED CHANGES, ADVISE THE OMBUDSMAN WHETHER THE CHANGES WOULD 26
HAVE AN ADVERSE EFFECT ON COMPARABLE STATE JOBS. 27
(3) FAILURE OF THE SECRETARY TO RESPOND IN A TIMELY MANNER 28
MAY NOT BE CONSIDERED A STATEMENT OF ADVERSE EFFECT UNDER PARAGRAPH 29
(2)(II) OF THIS SUBSECTION. 30
18 HOUSE BILL 980
(D) ON OR BEFORE JANUARY 31 EACH YEAR , BEGINNING IN 2028, THE 1
OMBUDSMAN SHALL REPORT TO THE SECRETARY OF BUDGET AND MANAGEMENT 2
AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTI CLE, TO THE GENERAL 3
ASSEMBLY ALL PERSONNE L POSITIONS, CLASSIFICATIONS, AND SALARIES IN THE 4
OFFICE AS OF THE END OF THE IMMEDIATELY PRECEDING CALENDAR YEAR. 5
6–5A–07. 6
THE OFFICE SHALL: 7
(1) IDENTIFY, RECEIVE, INVESTIGATE, AND SEEK THE RESOLUT ION 8
OR REFERRAL OF COMPLAINTS MADE BY OR ON BEH ALF OF A CHILD INVOL VED IN 9
CHILD IN NEED OF ASSISTANCE CASES CONCERNING ANY ACT, OMISSION, PRACTICE, 10
POLICY, OR PROCEDURE OF A STATE OR LOCAL AGENCY OR ANY PERSON WORKING 11
ON BEHALF OF THE AGE NCY THAT MAY ADVERSELY AFFECT THE HEALTH, SAFETY, 12
OR WELFARE OF THE CHILD; 13
(2) INSPECT AND REVIEW T HE OPERATION , POLICIES, AND 14
PROCEDURES OF FOSTER CARE HOMES , GROUP HOMES , KINSHIP CARE HOMES , 15
RESIDENTIAL TREATMENT FACILITIES , SHELTERS FOR THE CAR E OF ABUSED OR 16
NEGLECTED CHILDR EN, AND INDEPENDENT LIVI NG ARRANGEMENTS OPER ATED, 17
LICENSED, OR APPROVED FOR PAYM ENT BY THE DEPARTMENT OR A LOCAL 18
DEPARTMENT OR USED BY THE DEPARTMENT OR BY A LOCAL DEPARTMENT FOR THE 19
CARE OF CHILDREN IN ITS CUSTODY; 20
(3) REVIEW, EVALUATE, REPORT, AND MAKE RECOMMENDATIONS TO 21
A STATE OR LOCAL AGENCY CONCERNING PROCEDURE S ESTABLISHED BY THE 22
AGENCY TO PROVIDE SERVICES TO CHILDREN AND FAMILIES THAT ARE AT RISK OF 23
ABUSE OR NEGLECT , CHILDREN IN STATE OR INSTITUTIONA L CUSTODY , OR 24
CHILDREN AND FAMILIE S WHO RECEIVE CHILD PROTECTIVE KIN SHIP CARE OR 25
FOSTER CARE SERVICES; 26
(4) RECEIVE, INVESTIGATE, AND MAKE REFERRALS TO OTHER STATE 27
OR LOCAL AGENCIES, OR TAKE OTHER APPROPRIATE ACTIONS WITH RESPECT TO A 28
COMPLAINT RECEIVED B Y THE OFFICE REGARDING THE ACTIONS OF THE 29
DEPARTMENT OR A LOCAL DE PARTMENT OR A STATE–FUNDED PRIVATE ENTIT Y 30
THAT PROVIDES SERVICES TO CHILDREN AND FAMILIES WHO ARE AT RISK OF ABUSE 31
OR NEGLECT, CHILDREN IN STATE OR INSTITUTIONAL CUSTODY, OR CHILDREN AND 32
FAMILIES WHO RECEIVE CHILD PROTECTIVE , KINSHIP CA RE, OR FOSTER CARE 33
SERVICES; 34
(5) ESTABLISH AND MAINTA IN A 24–HOUR TOLL –FREE TELEPHONE 35
HELPLINE AND WEBSITE TO RECEIVE AND RESPOND TO CALLS FROM IND IVIDUALS 36
HOUSE BILL 980 19
REGARDING THE WELFAR E OF CHILDREN UNDER THE JURISDICTION OF THE 1
DEPARTMENT OR A LOCAL DEPARTMENT; 2
(6) CONDUCT UNANNOUNCED SITE VISITS AT REASO NABLE TIMES 3
AND IN A REASONABLE MANNER TO ANY INSTIT UTION OR FACILITY TO WHICH 4
CHILDREN ARE COMMITTED OR PLACED, IF: 5
(I) THE OMBUDSMAN, BEFORE CONDUCTING AN 6
UNANNOUNCED SITE VISIT, HAS INITIATED AN INVESTIGATION INTO THE RESPONSE 7
OR DISPOSITION OF AN ALLEGATION OF ABUSE OR NEGLECT AT THE IN STITUTION 8
OR FACILITY; AND 9
(II) THERE IS A REASONABL E BASIS TO BELIEVE T HAT AN 10
UNANNOUNCED SITE VIS IT IS NECESSARY TO C ARRY OUT THE OMBUDSMAN’S 11
RESPONSIBILITIES UNDER THIS SUBTITLE; 12
(7) CONSULT WITH ANY APPROPRIATE STATE OR COUNTY AGENCY OR 13
STATE–FUNDED PRIVATE ENTIT Y PROVIDING CHILD WE LFARE SERVICES TO 14
CHILDREN, AND MAY REQUEST FROM ANY SUCH ENTITY , WHICH IS HEREBY 15
AUTHORIZED AND DIRECTED TO PROVIDE, SUCH COOPERATION AND ASSISTANCE AS 16
WILL ENABLE THE CHILD ADVOCATE TO PROPERLY PERFORM ITS RESPONSIBILITIES 17
UNDER THIS SECTION; AND 18
(8) ESTABLISH AND IMPLEM ENT PROCEDURES FOR R ECEIVING, 19
PROCESSING, RESPONDING TO , AND RESOLVING COMPLA INTS MADE BY OR ON 20
BEHALF OF CHIL DREN WHO ARE RECIPIE NTS OF THE SERVICES OF THE LOCAL 21
DEPARTMENTS, AS PROVIDED FOR IN § 6–5A–09 OF THIS SUBTITLE. 22
6–5A–08. 23
(A) THE OMBUDSMAN MAY: 24
(1) REVIEW AND COPY RELE VANT LAWS , POLICIES, PROCEDURES, 25
AND DEPARTMENT AND LOCAL DEPARTMENT RECORDS AND REPORTS, INCLUDING 26
RECORDS RELATING TO AN INDIVIDUAL CHILD; 27
(2) CONDUCT INTERVIEWS WITH STAFF, CHILDREN, AND OTHERS; 28
(3) ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE AND TESTIMONY 29
OF WITNESSES OR THE PRODUCTION OF BOOKS, PAPERS, AND OTHER DOCUMENTS; 30
(4) ADMINISTER OATHS TO WITNESSES IN ANY MAT TER UNDER 31
INVESTIGATION IN THE OFFICE; AND 32
20 HOUSE BILL 980
(5) IF THE OMBUDSMAN CONSIDERS T HAT LEGISLATION WOUL D 1
AFFECT THE INTERESTS OF PERSONS UNDER ITS JURISDICTION, RECOMMEND THE 2
LEGISLATION TO THE GENERAL ASSEMBLY. 3
(B) (1) IF A PERSON TO WHOM A SUBPOENA IS ISSUED U NDER 4
SUBSECTION (A)(3) OF THIS SECTION FAIL S TO APPEAR OR , HAVING APPEARED , 5
REFUSES TO GIVE TEST IMONY, OR FAILS TO PRODUCE THE BOOKS , PAPERS, OR 6
OTHER DOCUMENTS REQU IRED, THE OMBUDSMAN MAY APPLY T O THE 7
APPROPRIATE CIRCUIT COURT FOR RELIEF. 8
(2) THE APPROPRIATE COURT MAY ORDER THE PERSON TO APPEAR 9
AND GIVE TESTIMONY O R PRODUCE THE BOOKS , PAPERS, OR OTHER DOCUMENTS, 10
AS APPLICABLE. 11
6–5A–09. 12
(A) A CHILD WHO IS A RECIP IENT OF THE SERVICES OF THE DEPARTMENT 13
OR A LOCAL DEPARTMENT O R A CHILD IDENTIFIED AS A CHILD IN NEED O F 14
ASSISTANCE UNDER TITLE 3, SUBTITLE 8 OF THE COURTS ARTICLE MAY FILE A 15
COMPLAINT WITH THE OMBUDSMAN: 16
(1) BY CALLING THE OMBUDSMAN’S 24–HOUR TOLL–FREE HELPLINE; 17
(2) BY FILING THE COMPLAINT ELECTRONICALLY WITH THE OFFICE; 18
(3) BY MEETING IN PERSON WITH STAFF FROM THE OFFICE; 19
(4) THROUGH AN ADULT REPRESENTING THE CHILD’S INTERESTS; OR 20
(5) BY ANY OTHER REASONA BLE MEANS ESTABLISHE D BY THE 21
OMBUDSMAN. 22
(B) THE COMPLAINT PROCESS SHALL BE CONFIDENTIAL, EXPEDIENT, AND 23
RESPONSIVE TO THE CH ILD’S PERCEPTION OF SAFE TY ISSUES AND THE CH ILD’S 24
EMOTIONAL NEEDS. 25
(C) THE OMBUDSMAN SHALL ESTAB LISH AND IMPLEMENT A PPROPRIATE 26
RESPONSE TIMES AND SAFETY MEASURES FOR DIFFERENT TYPES OF COMPLAINTS. 27
(D) FOR A CHILD WITH SAFET Y CONCERNS ABOUT THE CHILD’S 28
OUT–OF–HOME PLACEMENT, THE CHILD’S SAFETY MUST BE PAR AMOUNT SO THAT 29
HOUSE BILL 980 21
THE CHILD FEELS COMF ORTABLE REPORTING CO MPLAINTS AND FEELS S AFE 1
PENDING THE OUTCOME OF ANY INVESTIGATION. 2
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE LOCAL 3
DEPARTMENT SHALL INC LUDE, IN DEVELOPMENTALLY A PPROPRIATE LANGUAGE, 4
INFORMATION IN EACH CHILD’S RECORD ABOUT THE COMPLAINT PROCEDURE. 5
(2) THE INFORMATION SHALL INCLUDE: 6
(I) THE DEFINITION OF A COMPLAINT, INCLUDING EXAMPLES 7
OF SITUATIONS WHERE IT IS APPROPRIATE TO FILE A COMPLAINT; 8
(II) HOW TO FILE A FORMAL COMPLAINT WITH THE OFFICE; 9
(III) AN EXPLANATION OF THE PURPOSES OF THE OFFICE; 10
(IV) THE RESPONSE TIMES E STABLISHED UNDER SUB SECTION 11
(C) OF THIS SECTION; 12
(V) POTENTIAL RESOLUTION S BASED ON THE TYPE OF 13
COMPLAINTS; 14
(VI) HOW THE CHILD ’S SAFETY WILL BE PRO TECTED DURING 15
THE INVESTIGATION OF THE COMPLAINT; 16
(VII) AN EXPLANATION OF THE CHILD’S RIGHTS AS OUTLINED IN 17
ANY DEPARTMENT HANDBOOK FOR CHILDREN IN FOSTER CARE; AND 18
(VIII) ANY OTHER INFORMATION THE OFFICE REQUIRES. 19
(3) A CHILD SHALL BE GIVEN THE INFORMATION: 20
(I) AT THE CHILD’S INITIAL COURT HEARING; 21
(II) BEFORE ANY SUBSEQUENT COURT HEARINGS; AND 22
(III) BEFORE EVERY NEW PLACEMENT. 23
(F) THE OFFICE SHALL PROVIDE TRAINING ON COMPLAINT POLICIES AND 24
PROCEDURES TO ALL LO CAL DEPARTMENT CASEW ORKERS, ATTORNEYS FOR 25
CHILDREN, OUT–OF–HOME PLACEMENT PROVI DERS, COURT–APPOINTED SPECIAL 26
ADVOCATES, JUDICIAL OFFICERS , AND OTHER PROFESSION ALS WORKIN G WITH 27
CHILDREN THROUGH THE IR CHILD IN NEED OF ASSISTANCE CASES AS PART OF 28
22 HOUSE BILL 980
THEIR EMPLOYMENT ORI ENTATION AND CONTINU ING PROFESSIONAL 1
DEVELOPMENT. 2
(G) (1) ON CONCLUSION OF AN I NVESTIGATION UNDER T HIS SECTION , 3
THE OFFICE SHALL INFORM T HE CHILD , IN A DEVELOP MENTALLY APPROPRIATE 4
MANNER, OF THE OUTCOME OF THE INVESTIGATION. 5
(2) IF THE OUTCOME OF THE INVESTIGATION ENTAILS SITE VISITS 6
WITH THE CHILD FOR A SPECIFIED PERIOD OF TIME, THE CHILD SHALL BE 7
INFORMED OF THE SCOPE AND INTENT OF THIS FOLLOW–UP PROCESS. 8
(H) (1) EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 9
SUBSECTION, THE OMBUDSMAN SHALL TREAT ALL COMPLAINTS RECEIVED UNDER 10
SUBSECTION (A) OF THIS SECTION AS C ONFIDENTIAL, INCLUDING THE IDENTITIES 11
OF COMPLAINANTS AND INDIVIDUALS FROM WHOM INFORMATION IS ACQUIRED. 12
(2) THE OMBUDSMAN MAY DISCLOS E INFORMATION AS NEC ESSARY 13
TO ENABLE THE OMBUDSMAN TO PERFORM THE OMBUDSMAN’S DUTIES AND TO 14
SUPPORT ANY RECOMMENDATIONS RESULTING FROM AN INVESTIGATION. 15
(I) RECORDS RELATING TO C OMPLAINTS RECEIVED B Y THE OFFICE AND 16
THE INVESTIGATION OF COMPLAINTS ARE EXEMPT FROM DISCLOSURE UNDER THE 17
PUBLIC INFORMATION ACT. 18
6–5A–10. 19
(A) THE OFFICE SHALL REPORT IN A TIMELY MANNER TO THE SECRETARY 20
AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY: 21
(1) KNOWLEDGE OF ANY SYS TEMIC OR LIFE –THREATENING 22
PROBLEMS AND ANY FIN DINGS, ACTIONS, AND RECOMMENDATIONS RELATING TO 23
INVESTIGATIONS REGARDING THE CARE, SUPERVISION, AND TREATMENT OF: 24
(I) CHILDREN AND FAMILIE S WHO ARE AT RISK OF ABUSE OR 25
NEGLECT; 26
(II) CHILDREN IN DEPARTMENT OR LOCAL D EPARTMENT 27
CUSTODY; OR 28
(III) CHILDREN AND FAMILIE S WHO RECEIVE CHILD 29
PROTECTIVE KINSHIP CARE OR FOSTER CARE SERVICES; AND 30
HOUSE BILL 980 23
(2) ALL OTHER FINDINGS , ACTIONS, AND RECOMMENDATIONS 1
RELATED TO THE ACTIVITIES REQUIRED UNDER THIS SUBTITLE. 2
(B) (1) THE OFFICE SHALL REPORT QUARTERLY TO THE SECRETARY. 3
(2) A COPY OF THE REPORT S HALL BE PROVIDED TO THE CITIZENS 4
REVIEW BOARD FOR CHILDREN, THE STATE COUNCIL ON CHILD ABUSE AND 5
NEGLECT, AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTI CLE, THE GENERAL 6
ASSEMBLY. 7
(3) THE REPORT SHALL INCLUDE: 8
(I) ALL ACTIVITIES OF THE OFFICE; 9
(II) ALL COMPLAINTS MADE TO THE OFFICE INCLUDING: 10
1. THE JURISDICTION WHE RE THE INCIDENT 11
OCCURRED; 12
2. THE JURISDICTION THAT HAS CARE AND CUSTODY OF 13
THE CHILD IN NEED OF ASSISTANCE WHOSE CASE IS BEING REVIEWED; 14
3. THE NATURE OF THE COMPLAINT; 15
4. THE DISPOSITION OF THE COMPLAINT; 16
5. WHAT, IF ANY, FOLLOW–UP ACTION THE OFFICE TOOK 17
AND WHY; 18
6. THE CHILD’S PLACEMENT; AND 19
7. DEMOGRAPHIC INFORMAT ION ABOUT THE CHILD 20
INCLUDING AGE, GENDER IDENTITY, RACE, AND ETHNICITY; 21
(III) ACTIONS TAKEN BY THE DEPARTMENT OR A LOCAL 22
DEPARTMENT RESULTING FROM THE FINDINGS AN D RECOMMENDATIONS OF THE 23
OFFICE, INCLUDING THE RESPONSE BY THE DEPARTMENT OR LOCAL DEPARTMENT; 24
AND 25
(IV) A SUMMARY OF ANY VIO LATIONS OF THE STAND ARDS AND 26
REGULATIONS OF THE DEPARTMENT THAT REMAINED UNABATED FOR 30 DAYS OR 27
MORE DURING THE REPORTING PERIOD. 28
24 HOUSE BILL 980
(C) ON OR BEFORE NOVEMBER 30 EACH YEAR , BEGINNING IN 2028, THE 1
OFFICE SHALL REPORT T O THE SECRETARY, THE CITIZENS REVIEW BOARD FOR 2
CHILDREN, THE STATE COUNCIL ON CHILD ABUSE AND NEGLECT, THE GOVERNOR, 3
AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY 4
ON ALL THE ACTIVITIE S OF THE OFFICE AND THE ACTI ONS TAKEN BY THE 5
DEPARTMENT IN RESPONSE TO FINDINGS AND RECOMMENDATIONS OF THE OFFICE. 6
(D) BEFORE SUBMITTING A REPORT UNDER SUBSECTION (B) OR (C) OF THIS 7
SECTION, THE OFFICE SHALL REMOVE A NY IDENTIFYING INFOR MATION AS 8
NECESSARY TO PROTECT THE PRIVACY OF THE CHILD AND THE CHILD’S FAMILY. 9
6–5A–11. 10
(A) A PERSON MAY NOT: 11
(1) DISCRIMINATE OR RETA LIATE IN ANY MANNER AGAINST ANY 12
PERSON FOR: 13
(I) FILING A COMPLAINT UNDER THIS SUBTITLE; OR 14
(II) PROVIDING INFORMATION TO AN ADVOCATE OF A CHILD IN 15
GOOD FAITH; OR 16
(2) WILLFULLY INTERFERE WITH AN ADVOCATE OF A CHILD IN THE 17
PERFORMANCE OF THE ADVOCATE’S OFFICIAL DUTIES. 18
(B) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS GUILTY 19
OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE NOT E XCEEDING 20
$5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026 2027. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.