Family Law - Child Abuse and Neglect - Reporting

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1350*

HOUSE BILL 1350
D4 6lr1685
CF SB 484
By: Delegates McComas, Adams, Baker, Beauchamp, Ciliberti, Hornberger,
Mangione, Miller, Nkongolo, Roberson, and Wivell
Introduced and read first time: February 12, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Family Law – Child Abuse and Neglect – Reporting 2

FOR the purpose of altering certain provisions of law relating to the reporting of child abuse 3
and neglect and the reporting of certain information regarding certain children at 4
risk of harm to require reporting to the Department of Human Services instead of to 5
the local dep artment of social services or the appropriate law enforcement agency ; 6
requiring the Department to establish a centralized intake system for reports, assess 7
reports for validity , and assign report s to the appropriate local department to 8
investigate; and generally relating to child abuse and neglect. 9

BY repealing and reenacting, without amendments, 10
Article – Family Law 11
Section 5–101(a) and (e) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2025 Supplement) 14

BY adding to 15
Article – Family Law 16
Section 5–703.1 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2025 Supplement) 19

BY repealing and reenacting, with amendments, 20
Article – Family Law 21
Section 5–704, 5–704.1(a), 5–704.2(c), (g), and (h), 5–704.3, 5–705, 5–705.3, 5–706(b), 22
(c), (h), (n), and (s), 5–706.2, 5–707, and 5–710(b)(1) 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2025 Supplement) 25

2 HOUSE BILL 1350

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – Family Law 3

5–101. 4

(a) In this title the following words have the meanings indicated. 5

(e) “Department” means the State Department of Human Services. 6

5–703.1. 7

(A) THE DEPARTMENT SHALL MAIN TAIN A CENTRALIZED I NTAKE SYSTEM 8
FOR REPORTS SUBMITTED UNDER THIS SUBTITLE. 9

(B) ON RECEIPT OF A REPORT OF CHILD ABUSE OR NE GLECT SUBMITTED 10
UNDER THIS SUBTITLE OR A REPORT SUBMITTED UNDER § 5–704.1, § 5–704.2, OR § 11
5–704.3 OF THIS SUBTITLE, THE DEPARTMENT SHALL: 12

(1) RECORD THE REPORT IN THE CENTRALIZED INTAKE SYSTEM; 13

(2) ASSESS THE REPORT FOR VALIDITY; AND 14

(3) ASSIGN THE REPORT TO THE APPROPRIATE LOCAL DEPARTMENT 15
FOR INVESTIGATION. 16

5–704. 17

(a) Notwithstanding any other provision of law, including any law on privileged 18
communications, each health practitioner, police officer, educator, or human service 19
worker, acting in a professional capacity in this State who has reason to believe that a child 20
has been subjected to abuse or neglect: 21

(1) shall notify the [local department or the appropriate law enforcement 22
agency] DEPARTMENT; and 23

(2) if acting as a staff member of a hospital, public health agency, child care 24
institution, juvenile detention center, school, or similar institution, shall immediately 25
notify and give all information required by this section to the head of the institution or the 26
designee of the head. 27

(b) [(1)] An individual who notifies the appropriate authorities under subsection 28
(a) of this section shall make: 29

HOUSE BILL 1350 3

[(i)] (1) an oral report, by telephone or direct communication, as 1
soon as possible to the [local department or appropriate law enforcement agency ] 2
DEPARTMENT; and 3

[(ii)] (2) a written report: 4

[1.] (I) to the [local department] DEPARTMENT not later 5
than 48 hours after the contact, examination, attention, or treatment that caused the 6
individual to believe that the child had been subjected to abuse or neglect; and 7

[2.] (II) with a copy to the local State’s Attorney. 8

[(2) (i) An agency to which an oral report of suspected abuse or neglect 9
is made under paragraph (1) of this subsection shall immediately notify the other agency. 10

(ii) This paragraph does not prohibit a local department and an 11
appropriate law enforcement agency from agreeing to cooperative arrangements.] 12

(c) Insofar as is reasonably possible, an individual who makes a report under this 13
section shall include in the report the following information: 14

(1) the name, age, and home address of the child; 15

(2) the name and home address of the child’s parent or other person who is 16
responsible for the child’s care; 17

(3) the whereabouts of the child; 18

(4) the nature and extent of the abuse or neglect of the child, including any 19
evidence or information available to the reporter concerning possible previous instances of 20
abuse or neglect; and 21

(5) any other information that would help to determine: 22

(i) the cause of the suspected abuse or neglect; and 23

(ii) the identity of any individual responsible for the abuse or neglect. 24

5–704.1. 25

(a) An individual may notify the [local department or the appropriate law 26
enforcement agency] DEPARTMENT if the individual has reason to believe that a parent, 27
guardian, or caregiver of a child allows the child to reside with or be in the regular presence 28
of an individual, other than the child’s parent or guardian, who: 29

4 HOUSE BILL 1350

(1) is registered under Title 11, Subtitle 7 of the Criminal Procedure Article 1
based on the commission of an offense against a child; and 2

(2) based on additional information, poses a substantial risk of sexual 3
abuse to the child. 4

5–704.2. 5

(c) Except as provided in subsection (e) of this section, a health care practitioner 6
involved in the delivery or care of a substance–exposed newborn shall: 7

(1) make an oral report to the [local department] DEPARTMENT as soon 8
as possible; and 9

(2) make a written report to the [local department ] DEPARTMENT not 10
later than 48 hours after the contact, examination, attention, treatment, or testing that 11
prompted the report. 12

(g) Within 48 hours after [receiving the notification pursuant to subsection (c) of 13
this section] A LOCAL DEPARTMENT IS ASSIGNED TO INVESTIGATE A REPO RT OF A 14
SUBSTANCE–EXPOSED NEWBORN UNDER § 5–703.1(B)(3) OF THIS SUBTITLE, the local 15
department shall: 16

(1) see the newborn in person; 17

(2) consult with a health care practitioner with knowledge of the newborn’s 18
condition and the effects of any prenatal alcohol or drug exposure; and 19

(3) attempt to interview the newborn’s mother and any other individual 20
responsible for care of the newborn. 21

(h) (1) Promptly after [receiving a report under subsection (c) of this section ] 22
A LOCAL DEPARTMENT IS ASSIGNED TO INVESTIG ATE A REPORT OF A 23
SUBSTANCE–EXPOSED NEWBORN UNDER § 5–703.1(B)(3) OF THIS SUBTITLE, the local 24
department shall assess the risk of harm to and the safety of the newborn to determine 25
whether any further intervention is necessary. 26

(2) If the local department determines that further intervention is 27
necessary, the local department shall: 28

(i) develop a plan of safe care for the newborn; 29

(ii) assess and refer the family for appropriate services, including 30
alcohol or drug treatment; and 31

HOUSE BILL 1350 5

(iii) as necessary, develop a plan to monitor the safety of the newborn 1
and the family’s participation in appropriate services. 2

5–704.3. 3

A local department that [receives] IS ASSIGNED TO INVES TIGATE a report of 4
suspected abuse or neglect under § 5–703.1(B)(3) OF this subtitle involving a child who is 5
a suspected victim of sex trafficking or labor trafficking shall refer the child to any 6
appropriate regional navigator, as defined in § 5–704.4 of this subtitle, for the jurisdiction 7
where the trafficking occurred or where the child is a resident for services. 8

5–705. 9

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, 10
notwithstanding any other provision of law, including a law on privileged communications, 11
a person in this State other than a health practitioner, police officer, or educator or human 12
service worker who has reason to believe that a child has been subjected to abuse or neglect 13
shall notify the [local department or the appropriate law enforcement agen cy] 14
DEPARTMENT. 15

(2) A person is not required to provide notice under paragraph (1) of this 16
subsection: 17

(i) in violation of the privilege described under § 9–108 of the Courts 18
Article; 19

(ii) if the notice would disclose matter communicated in confidence 20
by a client to the client’s attorney or other information relating to the representation of the 21
client; or 22

(iii) in violation of any constitutional right to assistance of counsel. 23

(3) A minister of the gospel, clergyman, or priest of an e stablished church 24
of any denomination is not required to provide notice under paragraph (1) of this subsection 25
if the notice would disclose matter in relation to any communication described in § 9 –111 26
of the Courts Article and: 27

(i) the communication wa s made to the minister, clergyman, or 28
priest in a professional character in the course of discipline enjoined by the church to which 29
the minister, clergyman, or priest belongs; and 30

(ii) the minister, clergyman, or priest is bound to maintain the 31
confidentiality of that communication under canon law, church doctrine, or practice. 32

(b) [(1) An agency to which a report of suspected abuse or neglect is made under 33
subsection (a) of this section shall immediately notify the other agency. 34

6 HOUSE BILL 1350

(2) This subsection does not prohibit a local department and an appropriate 1
law enforcement agency from agreeing to cooperative arrangements. 2

(c)] A report made under subsection (a) of this section may be oral or in writing. 3

[(d)] (C) (1) To the extent possible, a report made under subsection (a) of this 4
section shall include the information required by § 5–704(c) of this subtitle. 5

(2) A report made under subsection (a) of this section shall be regarded as 6
a report within the provisions of this subtitle, whether or not the report contains all of the 7
information required by § 5–704(c) of this subtitle. 8

5–705.3. 9

In addition to any other provision of law relating to child abuse and neglect, a local 10
department that [receives] IS ASSIGNED TO INVES TIGATE a report of suspected child 11
abuse under [§ 5–704 or § 5 –705] § 5–703.1(B)(3) of this subtitle shall notify the State 12
Superintendent of Schools’ designee within 48 hours if the report concerns: 13

(1) a family child care home or large family child care home; or 14

(2) a child care center. 15

5–706. 16

(b) Promptly after [receiving] A LOCAL DEPARTMENT IS ASSIGNED UNDER § 17
5–703.1(B)(3) OF THIS SUBTITLE TO INVESTIGATE a report of suspected abuse or 18
neglect of a child who lives in this State that is alleged to have occurred in this State, the 19
local department or the appropriate law enforcement agency, or both, if jointly agreed on, 20
shall make a thorough investigation of a report of suspected abuse or neglect to protect the 21
health, safety, and welfare of the child or children. 22

(c) Within 24 hours after [receiving] A LOCAL DEPARTMENT IS ASSIGNED 23
UNDER § 5–703.1(B)(3) OF THIS SUBTITLE TO INVESTIGATE a report of suspected 24
physical or sexual abuse of a child who lives in this State that is alleged to have occurred 25
in this State, and within 5 days after [receiving] A LOCAL DEPARTMENT IS ASSIGNED 26
UNDER § 5–703.1(B)(3) OF THIS SUBTITLE TO INVESTIGATE a report of suspected 27
neglect or suspected mental injury of a child who lives in this State that is alleged to have 28
occurred in this State, the local department or the appropriate law enforcement agency 29
shall: 30

(1) see the child; 31

(2) attempt to have an on–site interview with the child’s caretaker; 32

HOUSE BILL 1350 7

(3) decide on the safety of the child, wherever the child is, and of other 1
children in the household; and 2

(4) decide on the safety of other children in the care or custody of the 3
alleged abuser. 4

(h) (1) To the extent possible, an investigation under subsections (c) and (d) of 5
this section shall be completed BY THE LOCAL DEPARTMENT within 10 days after [receipt 6
of the first notice of ] THE LOCAL DEPARTMENT IS ASSIGNED TO INVESTIG ATE the 7
suspected abuse or neglect [by the local department or law enforcement agencies] UNDER 8
§ 5–703.1(B)(3) OF THIS SUBTITLE. 9

(2) An investigation under subsections (c) and (d) of this section that is not 10
completed within 30 days shall be completed within 60 days [of receipt of the first notice 11
of] AFTER THE LOCAL DEPARTMENT IS ASSIGNED TO INVESTIG ATE the suspected 12
abuse or neglect UNDER § 5–703.1(B)(3) OF THIS SUBTITLE. 13

(n) A report that is not assigned for an alternative response shall be assigned for 14
investigation in accordance with this [section] SUBTITLE. 15

(s) The DEPARTMENT AND THE local department: 16

(1) shall: 17

(i) maintain complete records related to an alternative response and 18
services for 3 years after the report was received if there is no subsequent child welfare 19
involvement; and 20

(ii) expunge complete records related to an alternative response and 21
services if there is no subsequent child welfare involvement after 3 years; 22

(2) may not use or disclose records related to an alternative response for 23
purposes of responding to a request for background information for employment or 24
voluntary services; and 25

(3) shall protect from disclosure records related to an alternative response 26
in accordance with § 1–202 of the Human Services Article. 27

5–706.2. 28

(a) [(1) A local department or a law enforcement agency may receive a report 29
under § 5–704.1 of this subtitle that a child is at substantial risk of sexual abuse. 30

(2) If a law enforcement agency receives the report, the law enforcement 31
agency shall immediately refer the report to the local department. 32

8 HOUSE BILL 1350

(3)] The Secretary of Human Services shall adopt regulations governing[: 1

(i) how staff in a local department should elicit information when 2
receiving a report under § 5–704.1 of this subtitle; and 3

(ii)] the definition of substantial risk of sexual abuse as used in this 4
subtitle. 5

(b) (1) Except as provided in paragraph (3) of this subsection, after 6
[confirming] A LOCAL DEPARTMENT I S ASSIGNED UNDER § 5–703.1(B)(3) OF THIS 7
SUBTITLE TO INVESTIGATE A REPORT AND HAS CONFIRMED that the allegations in the 8
report regarding the individual’s history are accurate and that there is specific information 9
that the child is at substantial risk of sexual abuse, the local department shall make a 10
thorough investigation to protect the health, safety, and welfare of any child or children 11
who may be at substantial risk of sexual abuse. 12

(2) The local department shall conduct the investigation jointly with an 13
appropriate law enforcement agency. 14

(3) If a subsequent report is [received] ASSIGNED TO THE LOCA L 15
DEPARTMENT UNDER § 5–703.1(B)(3) TO INVESTIGATE regarding an individual with a 16
history of sexual abuse that alleges substantially the same facts as a report that the local 17
department has previously investigated, the local department may decline to make an 18
investigation of the subsequent report. 19

(c) Within 5 days after [receiving] A LOCAL DEPARTMENT IS ASSIGNED UNDER 20
§ 5–703.1(B)(3) OF THIS SUBTITLE TO INVESTIGATE the report, the local department 21
and the appropriate law enforcement agency shall: 22

(1) see the child in person; 23

(2) attempt to have an on–site interview with the child’s caregiver and the 24
individual identified in the report as an individual registered under Title 11, Subtitle 7 of 25
the Criminal Procedure Article based on the commission of an offense against a child; 26

(3) decide on the safety and level of risk to the child, wherever the child is, 27
and of other children in the household; and 28

(4) decide on the safety and level of risk of other children in the care or 29
custody of the individual identified in the report as an individual registered under Title 11, 30
Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against 31
a child. 32

(d) To the extent possible, an investigation under this section shall be completed 33
as soon as practicable but not later than 30 days after receipt of the [report] ASSIGNMENT. 34

HOUSE BILL 1350 9

(e) As part of the investigation, the local department shall: 1

(1) determine whether the child is safe; 2

(2) determine whether sexual abuse of the child has occurred; 3

(3) if appropriate, offer services to the family; and 4

(4) immediately decide whether to file a petition alleging that the child is 5
in need of assistance. 6

5–707. 7

(a) Subject to federal and State law, the Administration shall provide by 8
regulation adopted in accordance with Title 10, Subtitle 1 of the State Government Article: 9

(1) procedures for protecting the confidentiality of reports and records 10
made in accordance with this subtitle; 11

(2) conditions under which information may be released; 12

(3) conditions for determining in cases whether abuse, neglect , or sexual 13
abuse is indicated, ruled out, or unsubstantiated; and 14

(4) procedures for the appeal processes provided in this subtitle. 15

(b) (1) The DEPARTMENT AND THE local department shall expunge a report 16
of suspected abuse or neglect and all assessments and investigative findings: 17

(i) within 5 years after the date of referral if the investigation under 18
§ 5–706 of this subtitle concludes that the report is unsubstantiated, and no further reports 19
of abuse or neglect are received during the 5 years; and 20

(ii) subject to paragraph (2) of this subsection, within 2 years after 21
the date of referral if the report is ruled out, and no further reports of abuse or neglect are 22
received during the 2 years. 23

(2) If a report is ruled out, the DEPARTMENT AND THE local department 24
may, on good cause shown, immediately expunge the report and all assessments and 25
investigative findings. 26

5–710. 27

(b) (1) Promptly after [receiving] A LOCAL DEPARTMENT IS ASSIGNED 28
UNDER § 5–703.1(B)(3) OF THIS SUBTITLE TO INVESTIGATE a report from a hospital or 29
health practitioner of suspected neglect related to drug abuse and conducting an 30
appropriate investigation, the local department may: 31
10 HOUSE BILL 1350

(i) file a petition alleging that the child is in need of assistance 1
under Title 3, Subtitle 8 of the Courts Article; and 2

(ii) offer the mother admission into a drug treatment program. 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2026. 5