Md. Code Regs. 07.02.07.02

Current through Register Vol. 51, No. 10, May 17, 2024

Section 07.02.07.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Accidental means" means an action in which injury is unintended and could not be reasonably expected.

(2) "Administration" means the Social Services Administration of the Department of Human Resources.

(3) "Alleged maltreatment" means child abuse or neglect reported to a local department.

(4) "Alleged maltreator" means an individual named in a report as having abused or neglected a child.

(5) "Alleged victim" means a child named in a report as having been abused or neglected.

(6) "Alternative response" means a component of Child Protective Services that provides for comprehensive assessment of:

(a) Risk of harm to a child;

(b) Risk of subsequent child abuse or neglect;

(c) Family strengths and needs; and

(d) The provision of necessary services or referrals for service.

(7) "Authority figure" means a person who, because of the person's position or occupation, exercises authority over a child.

(8) Caregiver.

(a) "Caregiver" means an individual who has permanent or temporary care, custody, or responsibility for supervision of a child.

(b) "Caregiver" includes but is not limited to a stepparent, foster parent, guardian, custodian, employee, or volunteer in a facility or program caring for a child, a person who has responsibility for supervision of the child, or any individual engaged in sex trafficking a child or otherwise controlling a child who is involved in sex trafficking.

(9) "Centralized confidential database" means the Department's internal computerized data system that contains information regarding child abuse and neglect investigations and assessments and protects that information from disclosure.

(10) "Child" means an individual younger than 18 years old.

(11) "Child abuse" means:

(a) The physical or mental injury of a child under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed by:

(i) A parent;

(ii) A household or family member;

(iii) A caregiver; or

(iv) An authority figure; or

(b) Sexual abuse, whether physical injuries are sustained or not.

(12) "Child advocacy center" means a child-focused facility or program that evaluates, diagnoses, or treats alleged victims.

(13) "Child in need of assistance (CINA)" has the meaning stated in Courts and Judicial Proceedings Article, § 3-801(f), Annotated Code of Maryland.

(14) "Child neglect" means one or more of the following by a parent or caregiver:

(a) A failure to provide proper care and attention to a child, including leaving a child unattended, under circumstances that indicate that the child's health or welfare was harmed or placed at substantial risk of harm; or

(b) Mental injury of a child caused by the failure to provide proper care and attention to a child.

(15) "Child Protective Services (CPS)" means the unit in a local department responsible for responding to reports of suspected child abuse or neglect.

(16) "Client Information System (CIS)" means the Department's automated database that maintains data related to local department programs and services.

(17) "CPS response" means an investigation or assessment conducted pursuant to Family Law Article, § 5-706, Annotated Code of Maryland.

(18) "Custodian" means an agency or individual, other than a child's parent or legal guardian, to whom a court has given legal custody.

(19) "Department" means the Department of Human Resources.

(20) "Educator or human service worker" means any professional employee of a:

(a) Correctional institute;

(b) Public, parochial, or private educational facility;

(c) Health care facility;

(d) Juvenile services facility;

(e) Social service agency or institution;

(f) Licensed facility including but not limited to:

(i) Caseworkers;

(ii) Counselors;

(iii) Probation or parole officers;

(iv) Social workers; and

(v) Teachers.

(21) Failure to Provide Proper Care and Attention.

(a) "Failure to provide proper care and attention" means the omission of proper care or attention or the provision of improper care or attention.

(b) "Failure to provide proper care and attention" includes leaving a child unattended.

(22) "Family member" means a relative by blood, adoption, or marriage.

(23) "Final determination" means a finding of the local department after all timely appeals.

(24) "Finding" means a disposition at the end of an investigation that child abuse or neglect is indicated, unsubstantiated, or ruled out and the identification of an individual responsible for unsubstantiated or indicated child abuse or neglect.

(25) "Grooming a child for sexual activity" means forming an emotional connection with a child with the intent of making the child more receptive to sexual conduct.

(26) "Health care practitioner" has the meaning stated in Health Occupations Article, § 1-301, Annotated Code of Maryland.

(27) "Household member" means an individual who lives in, or is regularly present in the home of a child at the time of the alleged child abuse or neglect.

(28) "Identifying information" means the name of:

(a) The alleged victim;

(b) A household or family member of the alleged victim;

(c) A parent or legal guardian of the alleged victim; and

(d) The alleged maltreator.

(29) "Indicated" means a finding that there is credible evidence, which has not been satisfactorily refuted, that child abuse or neglect occurred.

(30) "Law enforcement agency" means a police department, bureau, or agency including but not limited to:

(a) A federal, State, county, or municipal police department or agency;

(b) A Sheriffs office;

(c) A State's Attorney's office; and

(d) The Attorney General's office.

(31) "Law enforcement officer" means any member of a law enforcement agency who is authorized to make arrests as part of the officer's official duties.

(32) "Local department" means a department of social services, including the Montgomery County Department of Health and Human Services, with authority to investigate, assess, or assist in investigating or assessing a report of suspected child abuse or neglect.

(33) "Maltreatment" means child abuse or neglect.

(34) "Maltreator" means an individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect.

(35) "Mandated reporter" means a health practitioner, educator, human service worker, or law enforcement officer required to notify a local department or law enforcement of suspected child abuse or neglect pursuant to Family Law Article, § 5-706, Annotated Code of Maryland.

(36) "Mental injury" means an observable, identifiable, and substantial impairment of a child's mental or psychological ability to function caused by an intentional act or series of acts, regardless of whether there was an intent to harm the child.

(37) "Multidisciplinary case consultation team" means a group of professionals, including a local department, convened to consult regarding an investigation, assessment, or provision of services after a report of child abuse or neglect.

(38) "Office of Child Care" means the unit of the Maryland State Department of Education responsible for regulating facilities and homes providing care for children.

(39) Out-of-Home Care.

(a) "Out-of-home care" means care provided to a child in a setting other than the home of the child's parent or guardian.

(b) "Out-of-home care" includes but is not limited to care and supervision provided in day care, foster care, residential or 24-hour care, respite care, preschool, school, camp, or recreational programs.

(40) "Out-of-home placement" has the meaning stated in COMAR 07.02.11 MB(34).

(41) "Preponderance of the evidence" means that it is more likely than not that an act or omission occurred.

(42) Providing Proper Care and Attention.

(a) "Providing proper care and attention" means providing care appropriate to the child's needs and development.

(b) "Providing proper care and attention" includes but is not limited to:

(i) Providing appropriate food, clothing, shelter, medical care, nurturing, activity, guardianship, and supervision; and

(ii) Caring and planning for the child's welfare.

(43) "Receiving a report" means obtaining sufficient information about suspected child abuse or neglect to make a decision as to what CPS or other response is appropriate.

(44) "Record" means the original or a copy of documentary material, in any form, concerning a report or CPS response to an allegation of child abuse or neglect.

(45) "Regularly present in a household" means visiting or staying in a home with sufficient frequency to become a significant part of the child's or family's life.

(46) "Report" means an allegation of child abuse or neglect made or received by any state, county, or municipal corporation, with sufficient information to screen the report for an appropriate CPS or other response.

(47) "Responsible for child abuse or neglect" means having an unexpunged finding of unsubstantiated or indicated child abuse or neglect.

(48) "Ruled out" means a finding that child abuse or neglect did not occur.

(49) "Screen out" means reviewing a report of suspected child abuse or neglect and determining that the local department will not accept the report for a CPS response.

(50) "Screen the report" means reviewing a report of suspected child abuse or neglect and determining whether the report meets the criteria for a CPS response or referral to other programs or services.

(51) "Sex trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.

(52) "Sexual abuse" means any act that involves:

(a) Sexual molestation or exploitation of a child by:

(i) A parent;

(ii) A household or family member;

(iii) A caregiver; or

(iv) An authority figure; or

(b) Sex trafficking of a child by any individual.

(53) Sexual Molestation or Exploitation.

(a) "Sexual molestation or exploitation" means sexual contact or conduct with a child.

(b) "Sexual molestation or exploitation" includes but is not limited to:

(i) Engaging in exposure or voyeurism;

(ii) Making sexual advances;

(iii) Kissing or fondling;

(iv) Grooming for sexual activity;

(v) Committing a sexual crime in any degree including rape, sodomy, or sex trafficking; or

(vi) Allowing, encouraging, or engaging in obscene or pornographic display, photographing, filming, or depiction of a child in a manner prohibited by law.

(54) "Substantial risk of harm" means a real threat to a child's health or welfare during alleged child abuse or neglect.

(55) "Suspected child abuse" means child abuse to which a reporter believes a child has been subjected.

(56) "Suspected child neglect" means child neglect to which a reporter believes a child has been subjected.

(57) "Unsubstantiated" means a finding that there is insufficient evidence to support a finding of indicated or ruled out.

(58) "Victim" means a child who has been abused or neglected.

(59) "Voluntary placement" means a placement documented in a voluntary placement agreement pursuant to Family Law Article, § 5-501(m), Annotated Code of Maryland.

Md. Code Regs. 07.02.07.02

Regulations .02B amended effective December 20, 1982 (9:25 Md. R. 2477)
Regulation .02A, C amended effective December 17, 1984 (11:25 Md. R. 2129)
Regulation .02E-1 adopted effective March 11, 1985 (12:5 Md. R. 481)
Regulations .02, amended as an emergency provision effective October 1, 1993 (20:20 Md. R. 1547)
Regulations .02 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .02B amended effective November 6, 1995 (22:22 Md. R. 1656)
Regulation .02B amended effective November 19, 2007 (34:23 Md. R. 2025); October 5, 2009 (36:20 Md. R. 1527); 40:19 Md. R. 1543, eff. 9/30/2013; adopted effective 44:12 Md. R. 586, eff. 6/19/2017; amended effective 47:18 Md. R. 824, eff. 9/7/2020