Md. Code Regs. 07.02.26.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.26.04 - Notice of Opportunity for a Hearing

A. Within 30 days after a local department has completed an investigation of child abuse or neglect, the local department shall send a notice of action to:

(1) An individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect; and

(2) An individual alleged to have abused or neglected a child in a case that resulted in a finding of indicated or unsubstantiated child abuse or neglect with no maltreator identified.

B. The notice shall include:

(1) The finding;

(2) An explanation of how to appeal to OAH in accordance with this chapter, including the obligation to pay a filing fee or request a waiver of the fee;

(3) A statement that the local department may identify an individual as responsible for child abuse or neglect in a centralized confidential database if the individual:

(a) Is found guilty of any criminal charge arising out of the alleged child abuse or neglect;

(b) Is found responsible for indicated child abuse or neglect in a final determination; or

(c) Has failed to successfully appeal a finding of indicated child abuse or neglect in accordance with this chapter.

(4) A statement of the circumstances under which the finding may be disclosed;

(5) Notice of an appellant's obligation to notify OAH of any criminal or CINA proceedings arising out of the alleged child abuse or neglect; and

(6) Notice of an appellant's obligation to immediately advise the local department and OAH of a change of address.

C. A local department may send a single notice if an individual is found responsible for:

(1) Abuse or neglect of more than one child; or

(2) More than one incident of abuse or neglect of one child.

D. The local department shall send the notice to the individual at the address noted in the record.

E. Minors. If the individual to whom the local department would send notice under §A of this regulation is younger than 18 years old and not legally emancipated, the local department shall send notice to the individual's:

(1) Parent or legal guardian; and

(2) If the individual is a foster child:

(a) To the attorney, if the child is represented; and

(b) To the local department worker assigned to the child's foster care case.

Md. Code Regs. 07.02.26.04

Regulations .04 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)
Regulations .04 adopted effective October 1, 1994 (21:19 Md. R. 1633)
Regulations .04 amended as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233
Regulations .04 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)
Regulations .04 adopted effective March 20, 2000 (27:5 Md. R. 582); adopted effective 44:12 Md. R. 586, eff. 6/19/2017