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*hb1326*
HOUSE BILL 1326
D4, O4 (6lr2628)
ENROLLED BILL
— Judiciary/Judicial Proceedings —
Introduced by Delegate Wilson Delegates Wilson, Cardin, Phillips, Nkongolo,
Simmons, McComas, Moreno, Simpson, Mangione, Conaway, Woods, and
Williams
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Grea t Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Child Abuse and Neglect – Disclosure of Reports and Records 2
FOR the purpose of expanding the circumstances under which a report or record concerning 3
child abuse or neglect may be disclosed by the Department of Human Services to 4
certain individuals; and generally relati ng to disclosure of reports and records of 5
child abuse and neglect. 6
BY repealing and reenacting, without amendments, 7
Article – Human Services 8
Section 1–202(a) 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2025 Supplement) 11
2 HOUSE BILL 1326
BY repealing and reenacting, with amendments, 1
Article – Human Services 2
Section 1–202(c) 1–202(c) through (e) 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2025 Supplement) 5
BY adding to 6
Article – Human Services 7
Section 1–202(d) 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Human Services 13
1–202. 14
(a) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family Law 15
Article, § 1 –203 of this subtitle, and this section, a person may not disclose a report or 16
record concerning child abuse or neglect. 17
(c) A report or record concerning child abuse or neglect: 18
(1) may be disclosed on request to: 19
(i) personnel of the Social Services Administration or a local 20
department of social services, law enforcement personnel, and members of 21
multidisciplinary case consultation teams, including an addiction specialist as defined in 22
Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating 23
a report of known or suspected child abuse or neglect or providing services to or assessing 24
a child or family that is the subject of the report; 25
(ii) local or State officials responsible for the administration of child 26
protective services, juvenile services, or child care, foster care, or adoption licensing, 27
approval, or regulations, as necessary to carry out their official functions; 28
(iii) the State Council on Child Abuse and Neglect or its designee, the 29
State Citizens Review Board for Children or its designee, or a child fatality review team, 30
as necessary to carry out their official functions; 31
(iv) a person who is the alleged abuser or neglector, if that person is 32
responsible for the child’s welfare and provisions are made for the protection of the identity 33
of the reporter or any other person whose life or safety is likely to be endangered by 34
disclosing the information; 35
HOUSE BILL 1326 3
(v) a licensed practitioner who, or an agency, institution, or program 1
that, is providing treatment or care to a child who is the subject of a report of child abuse 2
or neglect for a purpose relevant to the treatment or care; 3
(vi) a parent or other person who has permanent or temporary care 4
and custody of the c hild, if provisions are made for the protection of the identity of the 5
reporter or any other person whose life or safety is likely to be endangered by disclosing the 6
information; 7
(vii) 1. the appropriate public school superintendent or the 8
principal or equivalent employee of a nonpublic school that holds a certificate of approval 9
from the State or is registered with the State Department of Education to carry out 10
appropriate personnel or administrative actions following a report of suspected child abuse 11
involving a student committed by: 12
A. a public school employee in that school system; 13
B. an employee of that nonpublic school; 14
C. an independent contractor who supervises or works 15
directly with students in that school system or that nonpublic school; or 16
D. an employee of an independent contractor, including a bus 17
driver or bus assistant, who supervises or works directly with students in that school 18
system or that nonpublic school; and 19
2. if the report concerns suspected child abuse i nvolving a 20
student committed by an employee, independent contractor, or employee of an independent 21
contractor described in item 1 of this item and employed by a nonpublic school under the 22
jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the 23
Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate 24
superintendent of schools; 25
(viii) the director of a licensed child care facility or licensed child 26
placement agency to carry out appropriate personnel actions following a report of suspected 27
child abuse or neglect alleged to have been committed by an employee of the facility or 28
agency and involving a child who is currently or was previously under the care of that 29
facility or agency; 30
(ix) the Juvenile Ju stice Monitoring Unit of the Office of the 31
[Attorney General] CORRECTIONAL OMBUDSMAN established under [Title 6, Subtitle 4] 32
TITLE 9, SUBTITLE 4 of the State Government Article; 33
(x) subject to subsection (d) of this section, a licensed practitioner of 34
a hospital or birthing center to make discharge decisions concerning a child, when the 35
practitioner suspects that the child may be in danger after discharge based on the 36
4 HOUSE BILL 1326
practitioner’s observation of the behavior of the child’s parents or immediate family 1
members; or 2
(xi) the president of a Maryland public institution of higher 3
education, as defined in § 10 –101 of the Education Article, or the Chancellor of the 4
University System of Maryland, to carry out appropriate personnel or administrative 5
actions following a report of child abuse committed: 6
1. by an employee of the institution who has on –campus 7
contact with children; or 8
2. by a contractor, an employee of a contractor, or a volunteer 9
of the institution who has on–campus contact with children; and 10
(2) may be disclosed by the Department of Human Services to: 11
(I) the operator of a child care center that is required to be licensed 12
or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article or to a 13
family child care provider who is required to be registered under Title 9.5, Subtitle 3 of the 14
Education Article, to determine the suitability of an individual for employment in the child 15
care center or family child care home;. 16
(D) A REPORT OR RECORD CONCERNING CHILD ABUSE OR NEGLECT MAY BE 17
DISCLOSED BY THE DEPARTMENT OF HUMAN SERVICES TO THE FOLLO WING 18
INDIVIDUALS ONLY AFT ER A FINALIZED FINDI NG OF INDICATED CHIL D ABUSE OR 19
NEGLECT: 20
(II) (1) THE ADMINISTRATOR OF A CHILD CARE CENTER 21
OPERATED BY OR ON BEHALF OF A UNIT OF STATE OR LOCAL GOVERNMENT OR IN A 22
STATE–OCCUPIED BUILDING UN DER TITLE 9.5, SUBTITLE 5 OF THE EDUCATION 23
ARTICLE, TO DETERMINE THE SUI TABILITY OF AN INDIV IDUAL FOR EMPLOYMENT 24
IN THE CHILD CARE CENTER; 25
(III) (2) THE COACH, TEAM ADMINISTRATOR, OR MANAGER OF 26
A YOUTH SPORTS PROGR AM FOR RECREATIONAL ATHLETIC COMPETITION OR 27
INSTRUCTION FOR PART ICIPANTS WHO ARE MIN ORS, TO DETERMINE THE 28
SUITABILITY OF AN INDIVIDUAL FOR EMPLOYMENT OR VOLUNTARY SERVICE IN THE 29
YOUTH SPORTS PROGRAM; AND 30
(IV) (3) THE A DMINISTRATOR OR OTHE R APPROPRIATE 31
PERSONNEL OF ANY ORGANIZATION THAT PROVIDES ADULT SUPERVISION OR CARE 32
AND CONTROL OF CHILD REN HAS TEMPORARY CARE O R CUSTODY OF A CHILD OR 33
RESPONSIBILITY FOR T HE SUPERVISION OF A CHILD, TO DETERMINE THE 34
HOUSE BILL 1326 5
SUITABILITY OF AN IN DIVIDUAL FOR EMPLOYMENT OR VOLUNTARY SER VICE WITH 1
THE ORGANIZATION. 2
[(d)] (E) Only the following information concerning child abuse and neglect may 3
be disclosed to a practitioner of a hospital or birthing center under subsection (c)(1)(x) of this 4
section: 5
(1) whether there is a prior finding of indicated child abuse or neglect by 6
either parent; and 7
(2) whether there is an open investigation of child abuse or neglect pending 8
against either parent. 9
[(e)] (F) A person who violates this section is guilty of a misdemeanor and on 10
conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or 11
both. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.