Md. Code Regs. 07.02.07.03

Current through Register Vol. 51, No. 11, May 31, 2024

Section 07.02.07.03 - Eligibility for a CPS Response

A. Without regard to economic circumstances, the following individuals are eligible for a CPS response:

(1) An alleged victim;

(2) An alleged maltreator; and

(3) Household and family members of the alleged victim.

B. Alternative Response. Reports that are eligible for an alternative response include:

(1) A report of child neglect involving a disabled infant with a life-threatening condition from whom medically indicated treatment, as defined by 42 U.S.C.§ 5106g, has been withheld; and

(2) A report of child abuse or neglect that appears to pose a low risk of harm to a child.

C. Investigation.

(1) A report that is not assigned for an alternative response shall be assigned for an investigation.

(2) Reports that are not eligible for an alternative response and must be investigated are:

(a) Reports of sexual abuse;

(b) Reports of child abuse or neglect occurring in an out-of-home placement;

(c) Reports resulting in death, mental injury, or a serious physical injury; and

(d) Reports in which the alleged maltreator has:

(i) Been identified as responsible for child abuse or neglect in the previous 3 years;

(ii) Had a report assigned for an alternative response within the previous 12 months; or

(iii) Had two reports assigned for an alternative response within the previous 24 months.

D. Reassignment.

(1) With a CPS supervisor's approval, a report assigned for an alternative response may be reassigned at any time for an immediate investigation if:

(a) The case satisfies a criterion in §C of this regulation or fails to satisfy the criteria in §B of this regulation;

(b) A family is unable or has refused to participate in the alternative response assessment; or

(c) Other factors or circumstances indicate the family is inappropriate for an alternative response.

(2) With a CPS supervisor's approval, a report assigned for an investigation may be reassigned for an alternative response at any time if:

(a) The case satisfies a criterion in §B of this regulation and does not satisfy the criteria in §C of this regulation; and

(b) Accepted services would address all issues of risk of child abuse or neglect and child safety.

E. As required by COMAR 07.02.04.04E, if a parent, guardian, or custodian is unwilling to sign a statement acknowledging receipt of written information about CPS responses on the form prescribed by the Administration, the local department shall document the refusal and sign the form.

Md. Code Regs. 07.02.07.03

Regulation .03B amended effective January 5, 1977 (4:1 Md. R. 15)
Regulations .03, adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1547)
Regulations .03 adopted effective October 1, 1994 (21:19 Md. R. 1630)
Regulation .03 amended effective October 5, 2009 (36:20 Md. R. 1527); adopted effective 44:12 Md. R. 586, eff. 6/19/2017