Md. Code Regs. 07.02.07.08

Current through Register Vol. 51, No. 8, April 19, 2024

Section 07.02.07.08 - On-Site Investigation

A. Physical and Sexual Abuse. Within 24 hours of receiving a report of suspected child abuse, the local department or, by joint agreement with the appropriate law enforcement agency, a law enforcement officer, shall:

(1) Initiate an on-site investigation;

(2) Except in the case of a child fatality, see the alleged victim and determine if the health, safety, and well-being of the alleged victim requires removing the child;

(3) Attempt to see any other children who are in the care of the alleged maltreator and determine if the health, safety, and well-being of the children require that they be removed;

(4) Attempt to have an on-site interview with the alleged victim's caregiver;

(5) Document all visits or attempted visits; and

(6) If appropriate, obtain information relating to possible resources for the child.

B. Neglect-Other Than Mental Injury. Within 5 days of receiving a report of alleged child neglect, the local department shall follow the procedures under §A of this regulation.

C. Abuse and Neglect-Mental Injury.

(1) Within 5 days of receiving a report of alleged child abuse or neglect involving mental injury, a local department shall follow the procedures under §A of this regulation.

(2) Finding of mental injury

(a) If during an investigation of child abuse or neglect, CPS finds evidence that a child's emotional or psychological welfare may have been harmed, CPS shall consider whether the child has sustained a mental injury.

(b) Behavior that may be relevant to a finding of mental injury includes but is not limited to:

(i) Implied or overt threats of death or serious injury made to a child or in a child's presence;

(ii) Implied or overt threats made in a child's presence to intentionally harm an animal;

(iii) Constant denigration of a child;

(iv) Extensive emotional or physical isolation or confinement of a child;

(v) Extreme antagonistic behavior by one or both parents toward the other parent; or

(vi) Unnecessary and unwarranted medical diagnosis or treatment of a child.

(3) Professional Assessments-Mental Injury.

(a) If a worker suspects mental injury, the worker shall promptly obtain an assessment by any two of the following:

(i) A licensed physician, as defined in Health Occupations Article, § 14-101, Annotated Code of Maryland;

(ii) A licensed psychologist, as defined in Health Occupations Article, § 18-101, Annotated Code of Maryland; and

(iii) A licensed social worker, as defined in Health Occupations Article, § 19-101, Annotated Code of Maryland, including a licensed social worker employed by any local department.

(b) If a professional assessor concludes that the child has sustained a mental injury, the local department shall request a written assessment that includes:

(i) A description of an observable, identifiable, and substantial impairment of the child's mental or psychological ability to function; and

(ii) An explanation of the act, series of acts, or omission that is believed to have caused the mental injury regardless of whether there was an intent to harm the child.

(c) In conducting the investigation and making a finding, the local department shall consider professional assessments in addition to other information gathered during the investigation.

(4) Mental Injury - Categorized.

(a) Mental injury caused by an act to a child is child abuse; and

(b) Mental injury caused by an omission or other failure to provide proper care or attention to a child is child neglect.

Md. Code Regs. 07.02.07.08

Regulations .08 amended effective December 20, 1982 (9:25 Md. R. 2477)
Regulations .08, adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1547)
Regulations .08 adopted effective October 1, 1994 (21:19 Md. R. 1630); adopted effective 44:12 Md. R. 586, eff. 6/19/2017; amended effective 47:18 Md. R. 824, eff. 9/7/2020