Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0996*
SENATE BILL 996
D4, O4, P1 6lr3726
CF HB 980
By: Senator Zucker
Introduced and read first time: February 22, 2026
Assigned to: Rules
Re–referred to: Judicial Proceedings, March 18, 2026
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 21, 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 f or the review of certain 13
guardianships of certain children by the juvenile court under certain circumstances; 14
prohibiting the Social Services Administration from allowing the placement of 15
certain children in unlicensed settings; expanding the list of indiv iduals who are 16
required to obtain a certain criminal history records check to include adults living in 17
the home of a child’s guardian; establishing the Office of the Child Welfare 18
Ombudsman in the Office of the Attorney General; exempting from disclosure under 19
the Maryland Public Information Act records related to certain complaints; 20
prohibiting a person from certain willful interference and discriminatory and 21
retaliatory acts relating to complaints filed with the Office; and generally relating to 22
child protection and the Office of the Child Welfare Ombudsman the Guardianship 23
Assistance Program and the State Foster Youth Ombudsman. 24
2 SENATE BILL 996
BY adding to 1
Article – Family Law 2
Section 5–530.1 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2025 Supplement) 5
BY repealing and reenacting, without amendments, 6
Article – Human Services 7
Section 2–101 8
Annotated Code of Maryland 9
(2019 Replacement Volume and 2025 Supplement) 10
BY adding to 11
Article – Human Services 12
Section 2–304 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Courts and Judicial Proceedings 17
Section 3–819.2(c) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2025 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Family Law 22
Section 5–324(b)(1), 5–326(a)(10)(ii), 5–525(a) and (c), and 5–551(b), (g), and (h) 23
Annotated Code of Maryland 24
(2019 Replacement Volume and 2025 Supplement) 25
BY adding to 26
Article – Family Law 27
Section 5–328.1 and 5–551(g) 28
Annotated Code of Maryland 29
(2019 Replacement Volume and 2025 Supplement) 30
BY repealing and reenacting, without amendments, 31
Article – Family Law 32
Section 5–525(b)(1) 33
Annotated Code of Maryland 34
(2019 Replacement Volume and 2025 Supplement) 35
BY repealing and reenacting, with amendments, 36
Article – State Government 37
Section 6–101 38
Annotated Code of Maryland 39
SENATE BILL 996 3
(2021 Replacement Volume and 2025 Supplement) 1
BY adding to 2
Article – State Government 3
Section 6–5A–01 through 6–5A–11 to be under the new subtitle “Subtitle 5A. Office 4
of the Child Welfare Ombudsman” 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7
Preamble 8
WHEREAS, Child abuse and neglect is a serious and reprehensible problem in 9
society; and 10
WHEREAS, The protection of children from abuse and neglect by applying 11
prevention measures and observing best practices in treating children who are abused and 12
neglected must be one of Maryland’s highest public policy priorities; and 13
WHEREAS, The child welfare system must protect and serve Maryland’s children in 14
a manner that keeps them safe and healthy and promotes their well–being; and 15
WHEREAS, The children and families served by the child welfare system, as well as 16
the public, must have a high level of confidence that the system will act in a child’s best 17
interests and will respond to the child’s needs in a timely and professional manner; and 18
WHEREAS, To engender this high level of confidence in the child welfare system, it 19
is important that children and familie s who become involved in the system, mandatory 20
reporters, and the general public have a well–publicized, easily accessible, and transparent 21
complaint process for voicing concerns regarding the child welfare system along with the 22
expectation that those concerns, once voiced, will be heard and addressed in a timely and 23
appropriate manner; and 24
WHEREAS, To improve child welfare outcomes and to foster best practices, there 25
must be effective accountability mechanisms, including the review and evaluation of 26
concerns voiced by children and families, mandatory reporters, persons involved in the 27
child welfare system, and members of the general public, that provide policymakers with 28
the information necessary to formulate systemic changes, where appropriate; now, 29
therefore, 30
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 31
That the Laws of Maryland read as follows: 32
Article – Courts and Judicial Proceedings 33
3–819.2. 34
4 SENATE BILL 996
(c) An order granting custody and guardianship to an individual under this 1
section: 2
(1) Rescinds the child’s commitment to the local department; 3
(2) Achieves the child’s permanency plan; 4
(3) [Terminates] EXCEPT AS PROVIDED IN § 5–551 OF THE FAMILY 5
LAW ARTICLE WITH RESPECT TO CRIMINAL HISTORY RECORDS CHECKS OF ADULTS 6
RESIDING IN THE HOME OF THE GUARDIAN, TERMINATES the local department’s legal 7
obligations and responsibilities to the child; and 8
(4) Terminates the child’s case, unless the court finds good cause not to 9
terminate the child’s case. 10
Article – Family Law 11
5–530.1. 12
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(2) “GUARDIANSHIP ASSISTANCE” MEANS MONETARY AND MEDICAL 15
ASSISTANCE PROVIDED UNDER THE PROGRAM. 16
(3) “PROGRAM” MEANS THE GUARDIANSHIP ASSISTANCE PROGRAM. 17
(B) THE SECRETARY OF HUMAN SERVICES SHALL ESTABL ISH AND 18
MAINTAIN A GUARDIANSHIP ASSISTANCE PROGRAM TO PROMOTE THE PLACEMENT 19
AND MAINTENANCE OF C HILDREN IN PERMANENT GU ARDIANSHIP HOMES BY 20
PROVIDING GUARDIANSHIP ASSISTANCE TO GUARDIANS OF MINOR CHILDREN. 21
(C) A GUARDIAN OF A MINOR CHILD MAY BE ELIGIBLE FOR GUARDIANSHIP 22
ASSISTANCE IF: 23
(1) THE GUARDIAN IS APPOINTED UNDER § 5–326 OF THIS TITLE OR § 24
3–819.2 OF THE COURTS ARTICLE; 25
(2) THE MINOR CHILD IS P LACED IN FOSTER CARE IN THE 26
GUARDIAN’S FAMILY HOME AT LEA ST 6 CONSECUTIVE MONTHS I MMEDIATELY 27
PRECEDING THE APPOINTMENT AS GUARDIAN; AND 28
(3) THE GUARDIAN ENTERED INTO A WRITTEN VOLUN TARY 29
GUARDIANSHIP ASSISTANCE AGREEMENT WITH A LOCAL DEPARTMENT BEFORE THE 30
APPOINTMENT AS GUARDIAN. 31
SENATE BILL 996 5
(D) ONCE APPROVED, GUARDIANSHIP ASSISTANCE MAY CONTINUE AFT ER 1
AN INDIVIDUAL WITH AN APPOINTED GUARDIAN REACHES THE AGE OF 18 YEARS IF 2
THE INDIVIDUAL IS: 3
(1) ATTENDING SCHOOL; 4
(2) EMPLOYED ON AT LEAST A PART–TIME BASIS; 5
(3) PARTICIPATING IN A P ROGRAM DESIGNED TO P ROMOTE 6
EMPLOYMENT OPPORTUNITIES; OR 7
(4) INCAPABLE OF WORKING DUE TO A DISABILITY. 8
(E) GUARDIANSHIP ASSISTANCE SHALL TERMINATE NOT LATER THAN THE 9
DAY THAT THE INDIVIDUAL WITH THE APPOINTED GUARDIAN REACHES THE AGE OF 10
21 YEARS. 11
(F) (1) LOCAL DEPARTMENTS SHA LL ANNUALLY REVIEW T HE 12
GUARDIANSHIP ASSISTANCE PROVIDED UNDER THIS SECTION. 13
(2) A LOCAL DEPARTMENT MAY TERMINATE GUARDIANSH IP 14
ASSISTANCE IF THE L OCAL DEPARTMENT DETE RMINES, FOLLOWING AN ANNUAL 15
REVIEW, THAT AN ADULT LIVES IN THE GUARDIAN ’S HOME AND IS UNDER THE 16
SUPERVISION OF A CRI MINAL COURT FOLLOWIN G A CONVICTION FOR A CRIME OF 17
VIOLENCE INVOLVING A CHILD VICTIM OR REQU IRED TO REGISTER WIT H A 18
SUPERVISING AUTHORITY IN ACCORDANCE WITH § 11–704 OF THE CRIMINAL 19
PROCEDURE ARTICLE. 20
(G) THE SECRETARY OF HUMAN SERVICES SHALL ADOPT REGULATIONS TO 21
CARRY OUT THIS SECTION. 22
Article – Human Services 23
2–101. 24
(a) In this title the following words have the meanings indicated. 25
(b) “Department” means the Department of Human Services. 26
(c) “Secretary” means the Secretary of Human Services. 27
2–304. 28
6 SENATE BILL 996
(A) IN THIS SECTION , “OMBUDSMAN” MEANS THE STATE FOSTER YOUTH 1
OMBUDSMAN. 2
(B) THERE IS A STATE FOSTER YOUTH OMBUDSMAN IN THE DEPARTMENT. 3
(C) (1) THE OMBUDSMAN SHALL: 4
(I) BE AN ATTORNEY ADMIT TED TO PRACTICE LAW IN THE 5
STATE; 6
(II) HAVE EXPERIENCE IN CHILD WELFARE; 7
(III) BE APPOINTED BY THE SECRETARY; AND 8
(IV) BE A FULL–TIME EMPLOYEE IN THE MANAGEMENT SERVICE 9
OF THE STATE PERSONNEL MANAGEMENT SYSTEM. 10
(2) NOTWITHSTANDING § 11–305(B) OF THE STATE PERSONNEL AND 11
PENSIONS ARTICLE, THE OMBUDSMAN MAY BE REMO VED FROM OFFICE ONLY 12
AFTER A HEARING BEFO RE THE DEPARTMENT AND A FIND ING OF INCOMPETENCY 13
OR OTHER GOOD CAUSE. 14
(D) THE DEPARTMENT SHALL TAKE APPROPRIATE STEPS TO PROTECT THE 15
AUTONOMY AND INDEPENDENCE OF THE OMBUDSMAN. 16
(E) THE OMBUDSMAN IS ENTITLED TO AN ANNUAL SALARY AS PROVIDED 17
FOR IN THE STATE BUDGET. 18
(F) THE OMBUDSMAN SHALL: 19
(1) PROVIDE LEGAL EXPERTISE IN THE AREAS OF: 20
(I) CHILD WELFARE; 21
(II) CUSTODY AND GUARDIANSHIP MATTERS; AND 22
(III) APPEALS AND DUE PROCESS ISSUES; 23
(2) PROVIDE A NEUTRAL VOICE TO ADDRESS DIFFERENCES BETWEEN 24
YOUTH EXPERIENCING O UT–OF–HOME CARE , CAREGIVERS, GUARDIANS, AND 25
RESOURCE AND ADOPTIV E PARENTS INTERACTIN G WITH THE DEPARTMENT AND 26
WITH LOCAL DEPARTMENTS OF SOCIAL SERVICES; 27
(3) INVESTIGATE COMPLAIN TS FROM YOUTH EXPERI ENCING 28
OUT–OF–HOME CARE; 29
SENATE BILL 996 7
(4) ADDRESS CONCERNS , PROBLEMS, AREAS OF IMPROVEMENT IN 1
SERVICE DELIVERY , OR NEEDS ASSOCIATED WITH THE RIGHTS AND 2
RESPONSIBILITIES OF YOUTH EXPERIENCING OUT–OF–HOME CARE; AND 3
(5) ADVOCATE FOR YOUTH EXPERIENCING OUT–OF–HOME CARE. 4
5–324. 5
(b) (1) In a separate order accompanying an order granting guardianship of a 6
child, a juvenile court: 7
(i) shall include a directive terminating the child’s CINA case; 8
(ii) consistent with the child’s best interests: 9
1. may place the child: 10
A. subject to paragraph (2) of this subsection, in a specific 11
type of facility; or 12
B. with a specific individual; 13
2. may direct provision of services by a local department to: 14
A. the child; or 15
B. the child’s caregiver; 16
3. subject to a local department retaining legal guardianship, 17
may award to a caregiver limited authority to make an emergency or ordinary decision as 18
to the child’s care, education, mental or physical health, or welfare; 19
4. may allow access to a medical or other record of the child; 20
5. may allow visitation for the child with a specific 21
individual; 22
6. may appoint, or continue the appointment of, a 23
court–appointed special advocate for any purpose set forth under § 3 –830 of the Courts 24
Article; 25
7. shall direct the provision of any other service or tak ing of 26
any other action as to the child’s education, health, and welfare, including: 27
A. for a child who is at least 16 years old, services needed to 28
help the child’s transition from guardianship to independence; or 29
8 SENATE BILL 996
B. for a child with a developme ntal disability, services to 1
obtain ongoing care, if any, needed after the guardianship case ends; and 2
8. may co–commit the child to the custody of the Maryland 3
Department of Health and order the Maryland Department of Health to provide a plan for 4
the child of clinically appropriate services in the least restrictive setting, in accordance with 5
federal and State law; 6
(iii) FOR A CHILD PLACED WITH A SPECIFIC INDIVIDUAL, SHALL 7
DIRECT THE INDIVIDUA L TO IMMEDIATELY NOT IFY A LOCAL DEPARTME NT IF AN 8
ADULT BEGINS RESIDING IN T HE HOME OF THE INDIV IDUAL AND THE ADULT HAS 9
NOT COMPLETED A CRIM INAL HISTORY RECORDS CHECK UNDER § 5–551 OF THIS 10
TITLE. 11
(IV) if entered under § 5–322 of this subtitle, shall state each party’s 12
response to the petition; 13
[(iv)] (V) shall state a specific factual finding on whether reasonable 14
efforts have been made to finalize the child’s permanency plan; 15
[(v)] (VI) shall state whether the child’s parent has waived the right 16
to notice; and 17
[(vi)] (VII) shall set a date, no l ater than 180 days after the date of 18
the order, for the initial guardianship review hearing under § 5–326 of this subtitle. 19
5–326. 20
(a) (10) (ii) [Designation] EXCEPT AS PROVIDED IN § 5–551 OF THIS 21
TITLE WITH RESPECT T O CRIMINAL HISTORY R ECORDS CHECKS OF ADU LTS 22
RESIDING IN THE HOME OF THE GUARDIAN , DESIGNATION of a guardian under this 23
paragraph terminates the local department’s legal obligations and responsibili ties to the 24
child. 25
5–328.1. 26
(A) AFTER A JUVENILE COUR T GRANTS GUARDIANSHI P, IF A LOCAL 27
DEPARTMENT DETERMINES THAT REVIEW OF THE GUARDIANSHIP IS IN T HE BEST 28
INTERESTS OF THE CHI LD BASED ON INFORMAT ION RECEIVED FROM A CRIMINAL 29
HISTORY RECORDS CHEC K UNDER § 5–551 OF THIS TITLE REGARD ING AN ADULT 30
WHO RESIDES IN THE HOME OF THE GUARDIAN, THE LOCAL DEPARTMENT SHALL: 31
(1) FILE A PETITION FOR REVIEW OF THE GUARDIANSHIP WITH 32
THE JUVENILE COURT; AND 33
SENATE BILL 996 9
(2) GIVE NOTICE TO EACH PARTY. 1
(B) (1) THE JUVENILE COUR T SHALL SCHEDULE A H EARING TO OCCUR 2
WITHIN 30 DAYS AFTER THE FILING OF THE PETITION. 3
(2) IF THE JUVENILE COURT DETERMINES THAT IT I S IN THE BEST 4
INTERESTS OF THE CHILD, THE JUVENILE COURT SHALL: 5
(I) SET ASIDE THE GUARDIANSHIP ORDER; 6
(II) SCHEDULE A PROMPT TR IAL ON THE MERITS OF THE 7
GUARDIANSHIP PETITION; AND 8
(III) REOPEN THE CINA CASE FOR REVIEW AS REQUIRED UNDER 9
TITLE 3, SUBTITLE 8 OF THE COURTS ARTICLE. 10
5–525. 11
(a) (1) In this section [, “disability” ] THE FOLLOWING WORDS HAVE THE 12
MEANINGS INDICATED. 13
(2) (I) “DISABILITY” means: 14
[(i)] 1. a physical or mental impairment that substantially limits 15
one or more of an individual’s major life activities; 16
[(ii)] 2. a record of having a physical or mental impairment that 17
substantially limits one or more of an individual’s major life activities; or 18
[(iii)] 3. being regarded as having a physical or mental impairment 19
that substantially limits one or more of an individual’s major life activities. 20
[(2)] (II) “Disability” shall be construed in accordance with the ADA 21
Amendments Act of 2008, P.L. 110–325. 22
(3) (I) “UNLICENSED SETTING ” MEANS A SETTING FOR AN 23
OUT–OF–HOME PLACEMENT THAT IS NOT LICENSED. 24
(II) “UNLICENSED SETTING” INCLUDES: 25
1. A HOTEL, MOTEL, OR SHORT–TERM RENTAL; 26
10 SENATE BILL 996
2. A SHELTER DESIGNATED TO MEET THE NEEDS OF A 1
CHILD WHO HAS RUN AWAY OR WHO IS HOMELESS; AND 2
3. AN OFFICE BUILDING O R OTHER NONRESIDENTI AL 3
ENVIRONMENT. 4
(III) “UNLICENSED SETTING” DOES NOT INCLUDE: 5
1. THE VOLUNTARY PLACEM ENT OF A FORMER CINA; 6
OR 7
2. THE PLACEMENT OF A CHILD WITH: 8
A. AN INDIVIDUAL WHO IS A KINSHIP CAREGIVER OR 9
FOSTER PARENT OR WHO IS IN THE PROCESS OF APPLYING TO BE A KIN SHIP 10
CAREGIVER OR FOSTER PARENT; OR 11
B. A PARENT , INCLUDING IN A FAMIL Y–BASED 12
RESIDENTIAL TREATMENT SETTING. 13
(b) (1) The Administration shall establish a program of out –of–home 14
placement for minor children: 15
(i) who are placed in the custody of a local department, for a period 16
of not more than 180 days, by a parent or legal guardian under a voluntary placement 17
agreement; 18
(ii) who are abused, abandoned, neglected, or dependent, if a 19
juvenile court: 20
1. has determined that continued residence in the child’s 21
home is contrary to the child’s welfare; and 22
2. has committed the child to the custody or guardianship of 23
a local department; or 24
(iii) who, with the approval of the Administration, are placed in an 25
out–of–home placement by a local department under a voluntary placement agreement 26
subject to paragraph (2) of this subsection. 27
(c) In establishing the out–of–home placement program the Administration: 28
(1) shall: 29
SENATE BILL 996 11
[(1)] (I) provide time –limited family reunification services to a child 1
placed in an out –of–home placement and to the parents or guardian of the child, in order 2
to facilitate the child’s safe and appropriate reunification within a timely manner; 3
[(2)] (II) concurrently develop and implement a permanency plan that is 4
in the best interests of the child; and 5
[(3)] (III) provide training on an annual basis for the staff at each local 6
department who administer requests for voluntary placement agreements for children with 7
developmental disabilities or mental illnesses under subsection (b) of this section; AND 8
(2) MAY NO T ALLOW A CHILD TO B E PLACED IN AN UNLIC ENSED 9
SETTING. 10
5–551. 11
(b) The following individuals shall obtain a criminal history records check under 12
this Part V of this subtitle: 13
(1) an individual who is seeking to adopt a child through a child placement 14
agency; 15
(2) an individual who is seeking to become a guardian through a local 16
department; 17
(3) an individual whom the juvenile court appoints as a guardian of a child; 18
(4) an adult relative with whom a child, committed to a local department, 19
is placed by the local department; 20
(5) any adult known by a local department or the State Department of 21
Education to be residing in: 22
(i) a family child care home or large family child care home required 23
to be registered under this title; 24
(ii) a home where informal child care, as defined in child care subsidy 25
regulations adopted under Title 13A of the Code of Maryland Regulations, is being provided 26
or will be provided to a child who does not reside there; 27
(iii) a home of an adult relative of a ch ild with whom the child, 28
committed to a local department, is placed by the local department; 29
(iv) a foster care home or child care home required to be approved 30
under this title; 31
12 SENATE BILL 996
(v) a home of an individual seeking to adopt a child through a child 1
placement agency; [or] 2
(vi) a home of an individual seeking to become a guardian through a 3
local department; OR 4
(VII) SUBJECT TO SUBSECTION (G) OF THIS SECTION, AN ADULT 5
IN THE HOME OF AN IN DIVIDUAL WHOM THE JU VENILE COURT APPOINT S AS 6
GUARDIAN; 7
(6) an individual who agrees to provide, or to continue providing, informal 8
child care, as defined in child care subsidy regulations, adopted under Title 13A of the Code 9
of Maryland Regulations; and 10
(7) if requested by a local department: 11
(i) a pare nt or guardian of a child who is committed to the local 12
department and is or has been placed in an out –of–home placement within the past year; 13
and 14
(ii) any adult known by the local department to be residing in the 15
home of the parent or guardian. 16
(G) (1) TO CARRY OUT SUBSECTI ON (B)(5)(VII) OF THIS SECTION , AN 17
INDIVIDUAL WHO IS AP POINTED GUARDIAN BY THE JUVENILE COURT S HALL 18
PERIODICALLY PROVIDE TO THE LOCAL DEPARTM ENT IN THE FORM AND MANNER 19
REQUIRED BY THE LOCA L DEPARTMENT THE NAM E OF EACH ADULT RESI DING IN 20
THE GUARDIAN’S HOME. 21
(2) IF A LOCAL DEPARTMENT RECEIVES INFORMATION UNDER 22
PARAGRAPH (1) OF THIS SUBSECTION O R § 5–324(B)(1)(III) OF THIS TITLE 23
INDICATING THAT AN A DULT IS RESIDING IN THE GUARDIAN ’S HOME , AND THAT 24
ADULT HAS NOT OBTAIN ED A CRIMINAL H ISTORY RECORDS CHECK UNDER THIS 25
PART V OF THIS SUBTITLE, THE LOCAL DEPARTMENT SHALL IMMEDIATELY REFER 26
THE ADULT TO THE DEPARTMENT FOR COMPLE TION OF A CRIMINAL H ISTORY 27
RECORDS CHECK. 28
(3) ON COMPLETION OF A CR IMINAL HISTORY RECOR DS CHECK 29
UNDER PARAGRAPH (2) OF THIS SUBSECTION , IF THE LOCAL DEPARTM ENT 30
DETERMINES THAT IT I S IN THE BEST INTERE STS OF THE CHILD , THE LOCAL 31
DEPARTMENT SHALL FILE A PETITION WITH THE JUVENILE COURT IN ACCORDANCE 32
WITH § 5–328.1 OF THIS TITLE TO REVIEW THE GUARDIANSHIP. 33
(4) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT 34
THIS SUBSECTION. 35
SENATE BILL 996 13
[(g)] (H) (1) Except as provided in paragraph (2) of this subsection, a person 1
who is required to have a criminal history records check under this Part V of this subtitle 2
shall pay for: 3
(i) the mandatory processing fee required by the Federal Bureau of 4
Investigation for a national criminal history records check; 5
(ii) reasonable administrative costs to the Department, not to exceed 6
10% of the processing fee; and 7
(iii) the fee autho rized under § 10 –221(b)(7) of the Criminal 8
Procedure Article for access to Maryland criminal history records. 9
(2) A volunteer under subsection (c), (d), or (e) of this section who 10
volunteers for a program that is registered with the Maryland Mentoring P artnership is 11
required to pay only the mandatory processing fee required by the Federal Bureau of 12
Investigation for a national criminal history records check. 13
[(h)] (I) (1) An employer or other party may pay for the costs borne by the 14
employee or other individual under subsection [(g)] (H) of this section. 15
(2) The local department shall reimburse: 16
(i) an adult residing in a foster care home for the costs borne by the 17
individual under subsection [(g)] (H) of this section; and 18
(ii) an individual described in subsection (b)(7)(ii) of this section for 19
the costs borne by the individual under subsection [(g)] (H) of this section. 20
Article – State Government 21
6–101. 22
[In] EXCEPT AS PROVIDED IN SUBTITLE 5A OF THIS TITLE, IN this title, “Office” 23
means the Office of the Attorney General. 24
SUBTITLE 5A. OFFICE OF THE CHILD WELFARE OMBUDSMAN. 25
6–5A–01. 26
(A) IN THIS SUBTITLE THE FO LLOWING WORDS HAVE T HE MEANINGS 27
INDICATED. 28
(B) “CUSTODY” MEANS: 29
14 SENATE BILL 996
(1) PHYSICAL OR LEGAL CUSTODY OF A CHILD; OR 1
(2) THE RESPONSIBILITY CREATED BY LAW OR A C OURT ORDER FOR 2
THE CARE OF A CHILD. 3
(C) “DEPARTMENT” MEANS THE DEPARTMENT OF HUMAN SERVICES. 4
(D) “LOCAL DEPARTMENT” HAS THE MEANING STAT ED IN § 3–101 OF THE 5
HUMAN SERVICES ARTICLE. 6
(E) “OFFICE” MEANS THE OFFICE OF THE CHILD WELFARE OMBUDSMAN 7
IN THE OFFICE OF THE ATTORNEY GENERAL. 8
(F) “OMBUDSMAN” MEANS THE CHILD WELFARE OMBUDSMAN. 9
(G) “SECRETARY” MEANS THE SECRETARY OF HUMAN SERVICES. 10
6–5A–02. 11
(A) THERE IS AN OFFICE OF THE CHILD WELFARE OMBUDSMAN IN THE 12
OFFICE OF THE ATTORNEY GENERAL. 13
(B) THE PURPOSE OF THE OFFICE IS TO INVESTIG ATE AND DETERMINE 14
WHETHER: 15
(1) THE NEEDS OF CHILDRE N AND FAMILIES UNDER THE 16
JURISDICTION OF THE DEPARTMENT OR A LOCAL DEPARTMENT ARE BEING MET IN 17
COMPLIANCE WITH STATE LAW; 18
(2) THE RIGHTS OF CHILDR EN AND FAMILIES ARE BEING UPHELD ; 19
AND 20
(3) THE CHILDREN ARE NOT BEING ABUSED OR NEGLECTED. 21
6–5A–03. 22
(A) (1) WITH THE ADVICE AND C ONSENT OF THE SENATE AND INPUT 23
FROM CURRENT OR FORM ER FOSTER CHILDREN , SUBJECT TO PARAGRAPH (2) OF 24
THIS SUBSECTION, THE ATTORNEY GENERAL SHALL APPOINT THE CHILD WELFARE 25
OMBUDSMAN. 26
(2) THE OMBUDSMAN SHALL: 27
SENATE BILL 996 15
(I) HAVE BEEN ADMITTED T O PRACTICE LAW IN TH E STATE; 1
AND 2
(II) HAVE AT LEAST 5 YEARS OF EXPERIENCE IN CHILD 3
WELFARE. 4
(B) (1) THE TERM OF THE OMBUDSMAN IS 5 YEARS. 5
(2) AT THE END OF A TERM, THE OMBUDSMAN CONTINUES TO SERVE 6
UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES. 7
(3) AN OMBUDSMAN WHO IS APPO INTED AFTER A TERM B EGINS 8
SERVES FOR THE REMAINDER OF THE TERM UNTIL A SUCCESSOR IS APPOINTED AND 9
QUALIFIES. 10
(C) BEFORE TAKING OFFICE , THE OMBUDSMAN SHALL TAKE THE OATH 11
REQUIRED BY ARTICLE I, § 9 OF THE MARYLAND CONSTITUTION. 12
(D) THE OMBUDSMAN SHALL BE A FULL–TIME STATE EMPLOYEE. 13
(E) THE OMBUDSMAN IS ENTITLED TO AN ANNUAL SALARY AS PROVIDED 14
FOR IN THE STATE BUDGET. 15
(F) THE ATTORNEY GENERAL MAY REMOVE TH E CHILD WELFARE 16
OMBUDSMAN FOR GOOD CAUSE SHOWN AFTER NOTICE AND AN OPPORTUNITY TO BE 17
HEARD. 18
6–5A–04. 19
(A) THE OFFICE SHALL INCLUDE: 20
(1) A FULL–TIME OMBUDSMAN; AND 21
(2) STAFF, INCLUDING ASSISTANT OMBUDSMEN, AS ALLOWED FOR IN 22
THE STATE BUDGET. 23
(B) (1) THE OMBUDSMAN MAY APPOINT AND EMPLOY THE 24
PROFESSIONAL, INVESTIGATIVE, AND CLERICAL STAFF P ROVIDED FOR IN THE 25
STATE BUDGET. 26
(2) THE OMBUDSMAN, AS NECESSARY, MAY HIRE OR CONTRACT WITH 27
EXPERTS IN THE FIELD OF CHILD WELFARE. 28
16 SENATE BILL 996
(C) (1) TO THE EXTENT PRACTICABLE, THE OMBUDSMAN SHALL USE THE 1
SERVICES AND PERSONNEL OF: 2
(I) THE OFFICE OF THE ATTORNEY GENERAL; 3
(II) THE DEPARTMENT OF STATE POLICE; AND 4
(III) OTHER STATE AND LAW ENFORCEMENT UNITS. 5
(2) THE UNITS LISTED IN P ARAGRAPH (1) OF THIS SUBSECTION 6
SHALL COOPERATE, TO THE EXTE NT PRACTICABLE, WITH THE OMBUDSMAN AND 7
THE OMBUDSMAN’S STAFF. 8
(D) IN COOPERATION WITH T HE SECRETARY OF BUDGET AND 9
MANAGEMENT, THE ATTORNEY GENERAL SHALL SET MIN IMUM SALARIES , 10
QUALIFICATIONS, AND STANDARDS OF TRAINING AND EXPERIENCE FOR POSITIONS 11
IN THE OFFICE. 12
6–5A–05. 13
(A) THE BUDGET OF THE OMBUDSMAN AND THE OFFICE SHALL BE A PART 14
OF THE BUDGET OF THE OFFICE OF THE ATTORNEY GENERAL. 15
(B) SALARIES OF THE OMBUDSMAN AND ASSISTA NT OMBUDSMEN AND 16
EXPENSES FOR RENT, EQUIPMENT, SUPPLIES, AND GENERAL OPERATING EXPENSES 17
NECESSARY FOR THE WORK OF THE OFFICE SHALL BE AS PROVIDED IN THE STATE 18
BUDGET. 19
(C) THE GOVERNOR SHALL PROVID E IN THE STATE BUDGET SUFFICIE NT 20
MONEY FOR THE OFFICE TO HIRE NECESSARY STAFF. 21
(D) IF THE BUDGET FOR THE OFFICE IS INSUFFICIEN T TO A LLOW THE 22
OFFICE TO PERFORM THE DUTIES OF THE OFFICE, THE OMBUDSMAN MAY APPLY TO 23
THE BOARD OF PUBLIC WORKS FOR ADDITIONAL MONEY FROM THE GENERAL 24
EMERGENCY FUND. 25
6–5A–06. 26
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION , OR AS 27
OTHERWISE PROVIDED BY LAW, ALL PERSONNEL OF THE OFFICE ARE SUBJECT TO 28
THE PROVISIONS OF THE STATE PERSONNEL AND PENSIONS ARTICLE. 29
SENATE BILL 996 17
(B) THE COMPENSATION OF T HE FOLLOWING PERSONN EL SHALL BE 1
DETERMINED BY THE OMBUDSMAN AND, IF POSSIBLE, IN ACCORDANCE WITH T HE 2
STATE PAY PLAN: 3
(1) ASSISTANT OMBUDSMEN; 4
(2) ATTORNEYS THAT ARE S PECIAL APPOINTEES OR IN THE 5
MANAGEMENT SERVICE; AND 6
(3) ALL POSITIONS IN MAN AGEMENT, PROFESSIONAL, AND SKILLED 7
SERVICE CLASSIFICATIONS UNIQUE TO THE OFFICE. 8
(C) (1) AT LEAST 45 DAYS BEFORE THE EFFECTIVE DATE OF A CHANGE IN 9
SALARY PLAN, THE OMBUDSMAN SHALL SUBMI T TO THE SECRETARY OF BUDGET 10
AND MANAGEMENT EACH CHANGE THAT INVOLVES AN INCREASE OR A DECREASE IN 11
SALARY RANGES OTHER THAN THOSE ASSOCIATED WITH ROUTINE CLASSIFICATIONS 12
AND PROMOTIONS OR GE NERAL SALARY INCREASES APPROVED BY THE GENERAL 13
ASSEMBLY. 14
(2) THE SECRETARY OF BUDGET AND MANAGEMENT SHALL: 15
(I) REVIEW THE PROPOSED CHANGES; AND 16
(II) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE 17
PROPOSED CHANGES, ADVISE THE OMBUDSMAN WHETHER THE CHANGES WOULD 18
HAVE AN ADVERSE EFFECT ON COMPARABLE STATE JOBS. 19
(3) FAILURE OF THE SECRETARY TO RESPOND IN A TIMELY MANNER 20
MAY NOT BE CONSIDERED A STATEMENT OF ADV ERSE EFFECT UNDER PARAGRAPH 21
(2)(II) OF THIS SUBSECTION. 22
(D) ON OR BEFORE JANUARY 31 EACH YEAR , BEGINNING IN 2028, THE 23
OMBUDSMAN SHALL REPORT TO THE SECRETARY OF BUDGET AND MANAGEMENT 24
AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE , TO THE GENERAL 25
ASSEMBLY ALL PERSONNE L POSITIONS, CLASSIFICATIONS, AND SALARIES IN THE 26
OFFICE AS OF THE END OF THE IMMEDIATELY PRECEDING CALENDAR YEAR. 27
6–5A–07. 28
THE OFFICE SHALL: 29
(1) IDENTIFY, RECEIVE, INVESTIGATE, AND SEEK THE RESOLUT ION 30
OR REFERRAL OF COMPL AINTS MADE BY OR ON BEHALF OF A CHILD IN VOLVED IN 31
18 SENATE BILL 996
CHILD IN NEED OF ASSISTANCE CASES CONCERNING ANY ACT, OMISSION, PRACTICE, 1
POLICY, OR PROCEDURE OF A STATE OR LOCAL AGENCY OR ANY PERSON WORKING 2
ON BEHALF OF THE AGE NCY THAT MAY ADVERSELY AFFECT THE HEALTH, SAFETY, 3
OR WELFARE OF THE CHILD; 4
(2) INSPECT AND REVIEW T HE O PERATION, POLICIES, AND 5
PROCEDURES OF FOSTER CARE HOMES , GROUP HOMES , KINSHIP CARE HOMES , 6
RESIDENTIAL TREATMENT FACILITIES , SHELTERS FOR THE CAR E OF ABUSED OR 7
NEGLECTED CHILDREN , AND INDEPENDENT LIVI NG ARRANGEMENTS OPER ATED, 8
LICENSED, OR APPROVED FOR PAYM ENT BY THE DEPARTMENT OR A LOCAL 9
DEPARTMENT OR USED BY THE DEPARTMENT OR BY A LOCAL DEPARTMENT FOR THE 10
CARE OF CHILDREN IN ITS CUSTODY; 11
(3) REVIEW, EVALUATE, REPORT, AND MAKE RECOMMENDATIONS TO 12
A STATE OR LOCAL AGENCY CONCERNING PROCEDURE S ESTABLISHED BY THE 13
AGENCY TO PROVIDE SERVICES TO CHILDREN AND FAMILIES THAT ARE AT RISK OF 14
ABUSE OR NEGLECT , CHILDREN IN STATE OR INSTITUTIONA L CUSTODY , OR 15
CHILDREN AND FAMILIE S WHO RECEIVE CHILD PROTECTIVE KINSHIP C ARE OR 16
FOSTER CARE SERVICES; 17
(4) RECEIVE, INVESTIGATE, AND MAKE REFERRALS TO OTHER STATE 18
OR LOCAL AGENCIES, OR TAKE OTHER APPROPRIATE ACTIONS WITH RESPECT TO A 19
COMPLAINT RECEIVED B Y THE OFFICE REGARDING THE ACTIONS OF THE 20
DEPARTMENT OR A LOCAL DEPARTMENT OR A STATE–FUNDED PRIVATE ENTIT Y 21
THAT PROVIDES SERVICES TO CHILDREN AND FAMILIES WHO ARE AT RISK OF ABUSE 22
OR NEGLECT, CHILDREN IN STATE OR INSTITUTIONAL CUSTODY, OR CHILDREN AND 23
FAMILIES WHO RECEIVE CHILD PROTECTIVE , KINSHIP CARE , OR FOSTER CARE 24
SERVICES; 25
(5) ESTABLISH AND MAINTA IN A 24–HOUR TOLL –FREE TELEPHONE 26
HELPLINE AND WEBSITE TO RECEIVE AND RESPOND TO CALLS FROM IND IVIDUALS 27
REGARDING THE WELFAR E OF CHILDREN UNDER THE JURISDICTION OF THE 28
DEPARTMENT OR A LOCAL DEPARTMENT; 29
(6) CONDUCT UNANNOUNCED SITE VISITS AT REASO NABLE TIMES 30
AND IN A REASONABLE MANNER TO ANY INSTIT UTION OR FACILITY TO WHICH 31
CHILDREN ARE COMMITTED OR PLACED, IF: 32
(I) THE OMBUDSMAN, BEFORE CONDUCTING AN 33
UNANNOUNCED SITE VISIT, HAS INITIATED AN INVESTIGATION INTO THE RESPONSE 34
OR DISPOSITION OF AN ALLEGATION OF ABUSE OR NEGLECT A T THE INSTITUTION 35
OR FACILITY; AND 36
SENATE BILL 996 19
(II) THERE IS A REASONABL E BASIS TO BELIEVE T HAT AN 1
UNANNOUNCED SITE VIS IT IS NECESSARY TO C ARRY OUT THE OMBUDSMAN’S 2
RESPONSIBILITIES UNDER THIS SUBTITLE; 3
(7) CONSULT WITH ANY APPROPRIATE STATE OR COUNTY AGENCY OR 4
STATE–FUNDED PRIVATE ENTIT Y PROVIDING CHILD WE LFARE SERVICES TO 5
CHILDREN, AND MAY REQUEST FROM ANY SUCH ENTITY , WHICH IS HEREBY 6
AUTHORIZED AND DIRECTED TO PROVIDE, SUCH COOPERATION AND ASSISTANCE AS 7
WILL ENABLE THE CHILD ADVOCATE TO PROPERLY PERFORM ITS RESPONSIBILITIES 8
UNDER THIS SECTION; AND 9
(8) ESTABLISH AND IMPLEM ENT PROCEDURES FOR R ECEIVING, 10
PROCESSING, RESPONDING TO , AND RESOLVING COMPLA INTS MADE BY OR ON 11
BEHALF OF CHILDREN W HO ARE RECIPIENTS OF THE SERVICES OF THE LOCAL 12
DEPARTMENTS, AS PROVIDED FOR IN § 6–5A–09 OF THIS SUBTITLE. 13
6–5A–08. 14
(A) THE OMBUDSMAN MAY: 15
(1) REVIEW AND COPY RELE VANT LAWS , POLICIES, PROCEDURES, 16
AND DEPARTMENT AND LOCAL DEPARTMENT RECORDS AND REPORTS, INCLUDING 17
RECORDS RELATING TO AN INDIVIDUAL CHILD; 18
(2) CONDUCT INTERVIEWS WITH STAFF, CHILDREN, AND OTHERS; 19
(3) ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE AND TESTIMONY 20
OF WITNESSES OR THE PRODUCTION OF BOOKS, PAPERS, AND OTHER DOCUMENTS; 21
(4) ADMINISTER OATHS TO WITNESSES IN ANY MAT TER UNDER 22
INVESTIGATION IN THE OFFICE; AND 23
(5) IF THE OMBUDSMAN CONSIDERS T HAT LEGISLATION WOUL D 24
AFFECT THE INTERESTS OF PERSONS UNDER ITS JURISDICTION, RECOMMEND THE 25
LEGISLATION TO THE GENERAL ASSEMBLY. 26
(B) (1) IF A PERSON TO WHOM A SUBPOENA IS ISSUED U NDER 27
SUBSECTION (A)(3) OF THIS SECTION FAIL S TO APPEAR OR , HAVING APPEARED , 28
REFUSES TO GIVE TEST IMONY, OR FAILS TO PRODUCE THE BOOKS , PAPERS, OR 29
OTHER DOCUMENTS REQU IRED, THE OMBUDSMAN MAY APPLY T O THE 30
APPROPRIATE CIRCUIT COURT FOR RELIEF. 31
20 SENATE BILL 996
(2) THE APPROPRIATE COURT MAY ORDER THE PERSON TO APPEAR 1
AND GIVE TESTIMONY O R PRODUCE THE BOOKS , PAPERS, OR OTHER DOCUMENTS, 2
AS APPLICABLE. 3
6–5A–09. 4
(A) A CHILD WHO IS A RECIP IENT OF THE SERVICES OF THE DEPARTMENT 5
OR A LOC AL DEPARTMENT OR A C HILD IDENTIFIED AS A CHILD IN NEED OF 6
ASSISTANCE UNDER TITLE 3, SUBTITLE 8 OF THE COURTS ARTICLE MAY FILE A 7
COMPLAINT WITH THE OMBUDSMAN: 8
(1) BY CALLING THE OMBUDSMAN’S 24–HOUR TOLL–FREE HELPLINE; 9
(2) BY FILING THE COMPLAINT ELECTRONICALLY WITH THE OFFICE; 10
(3) BY MEETING IN PERSON WITH STAFF FROM THE OFFICE; 11
(4) THROUGH AN ADULT REPRESENTING THE CHILD’S INTERESTS; OR 12
(5) BY ANY OTHER REASONA BLE MEANS ESTABLISHE D BY THE 13
OMBUDSMAN. 14
(B) THE COMPLAINT PROCESS SHALL BE CONFIDENTIAL, EXPEDIENT, AND 15
RESPONSIVE TO THE CH ILD’S PERCEPTION OF SAFE TY ISSUES AND THE CH ILD’S 16
EMOTIONAL NEEDS. 17
(C) THE OMBUDSMAN SHALL ESTAB LISH AND IMPLEMENT A PPROPRIATE 18
RESPONSE TIMES AND SAFETY MEASURES FOR DIFFERENT TYPES OF COMPLAINTS. 19
(D) FOR A CHILD WITH SAFE TY CONCERNS ABOUT TH E CHILD ’S 20
OUT–OF–HOME PLACEMENT, THE CHILD’S SAFETY MUST BE PAR AMOUNT SO THAT 21
THE CHILD FEELS COMF ORTABLE REPORTING CO MPLAINTS AND FEELS S AFE 22
PENDING THE OUTCOME OF ANY INVESTIGATION. 23
(E) (1) SUBJECT TO PARAGRAP H (2) OF THIS SUBSECTION , THE LOCAL 24
DEPARTMENT SHALL INC LUDE, IN DEVELOPMENTALLY A PPROPRIATE LANGUAGE, 25
INFORMATION IN EACH CHILD’S RECORD ABOUT THE COMPLAINT PROCEDURE. 26
(2) THE INFORMATION SHALL INCLUDE: 27
(I) THE DEFINITION OF A COMPLAINT, INCLUDING EXAMPLES 28
OF SITUATIONS WHERE IT IS APPROPRIATE TO FILE A COMPLAINT; 29
SENATE BILL 996 21
(II) HOW TO FILE A FORMAL COMPLAINT WITH THE OFFICE; 1
(III) AN EXPLANATION OF THE PURPOSES OF THE OFFICE; 2
(IV) THE RESPONSE TIMES E STABLISHED UNDER SUB SECTION 3
(C) OF THIS SECTION; 4
(V) POTENTIAL RESOLUTION S BASED ON THE TYPE OF 5
COMPLAINTS; 6
(VI) HOW THE CHILD ’S SAFETY WILL BE PRO TECTED DURING 7
THE INVESTIGATION OF THE COMPLAINT; 8
(VII) AN EXPLANATION OF THE CHILD’S RIGHTS AS OUTLINED IN 9
ANY DEPARTMENT HANDBOOK FOR CHILDREN IN FOSTER CARE; AND 10
(VIII) ANY OTHER INFORMATION THE OFFICE REQUIRES. 11
(3) A CHILD SHALL BE GIVEN THE INFORMATION: 12
(I) AT THE CHILD’S INITIAL COURT HEARING; 13
(II) BEFORE ANY SUBSEQUENT COURT HEARINGS; AND 14
(III) BEFORE EVERY NEW PLACEMENT. 15
(F) THE OFFICE SHALL PROVIDE TRAINING ON COMPLAINT POLICIES AND 16
PROCEDURES TO ALL LO CAL DEPARTMENT CASEW ORKERS, ATTORNEYS FOR 17
CHILDREN, OUT–OF–HOME PLACEMENT PROVI DERS, COURT–APPOINTED SPECIAL 18
ADVOCATES, JUDICIAL OFFICERS , AND OTHER PROFESSION ALS WORKING WITH 19
CHILDREN THROUGH THE IR CHILD IN NEED OF ASSISTANCE CASES AS PART OF 20
THEIR EMPLOYMENT ORI ENTATION AND CONTINU ING PROFESSIONAL 21
DEVELOPMENT. 22
(G) (1) ON CONCLUSION OF AN I NVESTIGATION UNDER T HIS SECTION , 23
THE OFFICE SHALL INFORM T HE CHILD , IN A DEVELOPMENTALLY AP PROPRIATE 24
MANNER, OF THE OUTCOME OF THE INVESTIGATION. 25
(2) IF THE OUTCOME OF THE INVESTIGATION ENTAILS SITE VISITS 26
WITH THE CHILD FOR A SPECIFIED PERIOD OF TIME, THE CHILD SHALL BE 27
INFORMED OF THE SCOPE AND INTENT OF THIS FOLLOW–UP PROCESS. 28
22 SENATE BILL 996
(H) (1) EXCEPT AS PROVIDED UN DER PARAGRAPH (2) OF THIS 1
SUBSECTION, THE OMBUDSMAN SHALL TREAT ALL COMPLAINTS RECEIVED UNDER 2
SUBSECTION (A) OF THIS SECTION AS C ONFIDENTIAL, INCLUDING THE IDENTITIES 3
OF COMPLAINANTS AND INDIVIDUALS FROM WHOM INFORMATION IS ACQUIRED. 4
(2) THE OMBUDSMAN MAY DISCLOS E INFORMATION AS NEC ESSARY 5
TO ENABLE THE OMBUDSMAN TO PERFORM THE OMBUDSMAN’S DUTIES AND TO 6
SUPPORT ANY RECOMMENDATIONS RESULTING FROM AN INVESTIGATION. 7
(I) RECORDS RELATING TO C OMPLAINTS RECEIVED B Y THE OFFICE AND 8
THE INVESTIGATION OF COMPLAINTS ARE EXEMPT FROM DISCLOSURE UNDER THE 9
PUBLIC INFORMATION ACT. 10
6–5A–10. 11
(A) THE OFFICE SHALL REPORT IN A TIMELY MANNER TO THE SECRETARY 12
AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY: 13
(1) KNOWLEDGE OF ANY SYS TEMIC OR LIFE –THREATENING 14
PROBLEMS AND ANY FIN DINGS, ACTIONS, AND RECOMMENDATIONS RELATING TO 15
INVESTIGATIONS REGARDING THE CARE, SUPERVISION, AND TREATMENT OF: 16
(I) CHILDREN AND FAMILIE S WHO ARE AT RISK OF ABUSE OR 17
NEGLECT; 18
(II) CHILDREN IN DEPARTMENT OR LOCAL D EPARTMENT 19
CUSTODY; OR 20
(III) CHILDREN AND FAMILIE S WHO RECEIVE CHILD 21
PROTECTIVE KINSHIP CARE OR FOSTER CARE SERVICES; AND 22
(2) ALL OTHER FINDINGS , ACTIONS, AND RECOMMENDATIONS 23
RELATED TO THE ACTIVITIES REQUIRED UNDER THIS SUBTITLE. 24
(B) (1) THE OFFICE SHALL REPORT QUARTERLY TO THE SECRETARY. 25
(2) A COPY OF THE REPORT S HALL BE PROVIDED TO THE CITIZENS 26
REVIEW BOARD FOR CHILDREN, THE STATE COUNCIL ON CHILD ABUSE AND 27
NEGLECT, AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL 28
ASSEMBLY. 29
(3) THE REPORT SHALL INCLUDE: 30
SENATE BILL 996 23
(I) ALL ACTIVITIES OF THE OFFICE; 1
(II) ALL COMPLAINTS MADE TO THE OFFICE INCLUDING: 2
1. THE JURISDICTION WHE RE THE INCIDENT 3
OCCURRED; 4
2. THE JURISDICTION THAT HAS CARE AND CUSTODY OF 5
THE CHILD IN NEED OF ASSISTANCE WHOSE CASE IS BEING REVIEWED; 6
3. THE NATURE OF THE COMPLAINT; 7
4. THE DISPOSITION OF THE COMPLAINT; 8
5. WHAT, IF ANY, FOLLOW–UP ACTION THE OFFICE TOOK 9
AND WHY; 10
6. THE CHILD’S PLACEMENT; AND 11
7. DEMOGRAPHIC INFORMAT ION ABOUT THE CHILD 12
INCLUDING AGE, GENDER IDENTITY, RACE, AND ETHNICITY; 13
(III) ACTIONS TAKEN BY THE DEPARTMENT OR A LOCAL 14
DEPARTMENT RESULTING FROM THE FINDINGS AN D RECOMMENDATIONS OF THE 15
OFFICE, INCLUDING THE RESPONSE BY THE DEPARTMENT OR LOCAL DEPARTMENT; 16
AND 17
(IV) A SUMMARY OF ANY VIO LATIONS OF THE STAND ARDS AND 18
REGULATIONS OF THE DEPARTMENT THAT REMAINED UNABATED FOR 30 DAYS OR 19
MORE DURING THE REPORTING PERIOD. 20
(C) ON OR BEFORE NOVEMBER 30 EACH YEAR , BEGINNING IN 2028, THE 21
OFFICE SHALL REPORT T O THE SECRETARY, THE CITIZENS REVIEW BOARD FOR 22
CHILDREN, THE STATE COUNCIL ON CHILD ABUSE AND NEGLECT, THE GOVERNOR, 23
AND, IN ACCORDANCE WITH § 2–1257 OF THIS ARTICLE, THE GENERAL ASSEMBLY 24
ON ALL THE ACTIVITIE S OF THE OFFICE AND THE A CTIONS TAKEN BY THE 25
DEPARTMENT IN RESPONSE TO FINDINGS AND RECOMMENDATIONS OF THE OFFICE. 26
(D) BEFORE SUBMITTING A REPORT UNDER SUBSECTION (B) OR (C) OF THIS 27
SECTION, THE OFFICE SHALL REMOVE A NY IDENTIFYING INFOR MATION AS 28
NECESSARY TO PROTECT THE PRIVACY OF THE CHILD AND THE CHILD’S FAMILY. 29
6–5A–11. 30
24 SENATE BILL 996
(A) A PERSON MAY NOT: 1
(1) DISCRIMINATE OR RETA LIATE IN ANY MANNER AGAINST ANY 2
PERSON FOR: 3
(I) FILING A COMPLAINT UNDER THIS SUBTITLE; OR 4
(II) PROVIDING INFORMATION TO AN ADVOCATE OF A CHILD IN 5
GOOD FAITH; OR 6
(2) WILLFULLY INTERFERE WITH AN ADVOCATE OF A CHILD IN THE 7
PERFORMANCE OF THE ADVOCATE’S OFFICIAL DUTIES. 8
(B) A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS GUILTY 9
OF A MISDEMEANOR AND ON CONVICTION IS SUB JECT TO A FINE NOT E XCEEDING 10
$5,000 OR IMPRISONMENT NOT EXCEEDING 5 YEARS OR BOTH. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2026 2027. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.