Child Abuse & Neglect

Maryland child abuse & neglect attorney

Maryland Penal § 3-601. Child abuse
(a) Definitions. –
(1) In this section the following words have the meanings indicated.

(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.

(3) “Family member” means a relative of a minor by blood, adoption, or marriage.

(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.

(5) “Severe physical injury” means:
(i) brain injury or bleeding within the skull;
(ii) starvation; or
(iii) physical injury that:
1. creates a substantial risk of death; or
2. causes permanent or protracted serious:
A. disfigurement;
B. loss of the function of any bodily member or organ; or
C. impairment of the function of any bodily member or organ.

(b) First-degree child abuse. –
(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor that:
(i) results in the death of the minor; or
(ii) causes severe physical injury to the minor.

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:
(i) imprisonment not exceeding 25 years; or
(ii) if the violation results in the death of the victim, imprisonment not exceeding 30 years.

(c) Repeated offense. — A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 25 years; or
(2) if the violation results in the death of the victim, imprisonment not exceeding 30 years.

(d) Second-degree child abuse. –
(1) (i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.
(ii) A household member or family member may not cause abuse to a minor.

(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.

(e) Sentencing. — A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

Maryland Penal § 3-602. Sexual abuse of a minor
(a) Definitions. –

(1) In this section the following words have the meanings indicated.

(2) “Family member” has the meaning stated in § 3-601 of this subtitle.

(3) “Household member” has the meaning stated in § 3-601 of this subtitle.

(4) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.

(ii) “Sexual abuse” includes:

1. incest;

2. rape;

3. sexual offense in any degree;

4. sodomy; and

5. unnatural or perverted sexual practices.

(b) Prohibited. –

(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.

(2) A household member or family member may not cause sexual abuse to a minor.

(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years.

(d) Sentencing. — A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for:

(1) any crime based on the act establishing the violation of this section; or

(2) a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.

Maryland Penal § 5-556. Child abuse [Subject to amendment effective January 1, 2012]
(a) Notice of report. — In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5-704 or § 5-705 of this title that concerns a family day care home shall notify the State Superintendent’s designee within 48 hours.

(b) Multidisciplinary team — Convention. — Upon receipt of the notification required under subsection (a) of this section, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5-706(e) of this title to be followed in investigating and otherwise responding to the report.

(c) Multidisciplinary team — Chairperson; composition. — The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:

(1) representatives of the local department and law enforcement agency that are investigating the report under § 5-706 of this title;

(2) representation from the office of the local State’s Attorney; and

(3) appropriate medical, including mental health, expertise.

(d) Multidisciplinary team — Sharing information generally. — Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.

(e) Multidisciplinary team — Confidentiality of shared information. — Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.

(f) Assistance of law enforcement agencies. — Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family day care home.

Maryland Penal § 5-556. Child abuse (Amendment effective January 1, 2012.)

(a) Notice of report. — In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5-704 or § 5-705 of this title that concerns a family child care home or large family child care home shall notify the State Superintendent’s designee within 48 hours.

(b) Multidisciplinary team — Convention. — Upon receipt of the notification required under subsection (a) of this section, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5-706(e) of this title to be followed in investigating and otherwise responding to the report.

(c) Multidisciplinary team — Chairperson; composition. — The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:

(1) representatives of the local department and law enforcement agency that are investigating the report under § 5-706 of this title;

(2) representation from the office of the local State’s Attorney; and

(3) appropriate medical, including mental health, expertise.

(d) Multidisciplinary team — Sharing information generally. — Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.

(e) Multidisciplinary team — Confidentiality of shared information. — Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.

(f) Assistance of law enforcement agencies. — Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family child care home or large family child care home.