MARYLAND
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Professionals Required to Report
Citation: Fam. Law § 5-704
Persons required to report include the following:
• Health practitioners
• Educators or human service workers
• Police officers
Other persons required to report
Reporting by Other Persons
Citation: Fam. Law §§ 5-705; 5-704.1
Any other person who has reason to believe that a child has been subjected to abuse or neglect must report.
An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child’s parent or guardian, who is registered as a child sex offender and, based on additional information, poses a substantial risk of sexual abuse to the child.
Institutional responsibility to report
“Institutional Responsibility to Report
Citation: Fam. Law § 5-704
A mandated reporter who is acting as a staff member of a hospital, public health agency, child care institution, juvenile detention
center, school, or similar institution immediately shall notify and give all information required by this section to the head of the
institution or the designee of the head.”
WHAT ARE THEY REQUIRED TO REPORT
Citation: Fam. Law §§ 5-704; 5-705
A mandatory reporter is required to report when, acting in a professional capacity, the person has reason to believe that a child has been subjected to abuse or neglect. Other persons shall report when they have reason to believe that a child has been subjected to abuse or neglect.
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Fam. Law §§ 5-705.2; 5-705.4
An individual may not intentionally prevent or interfere with the making of a report of suspected abuse or neglect as required by law.
A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000, or both.
If an agency participating in an investigation under § 5-706 has substantial grounds to believe that a person has knowingly failed to report suspected abuse or neglect as required by § 5-704, the agency shall do any of the following:
• File a complaint with the appropriate licensing board in accordance with the provisions of the Health Occupations Article if
the person is a health practitioner
• File a complaint with the appropriate law enforcement agency if the person is a police officer
• File a complaint with the county board of education or the appropriate agency, institution, or licensed facility at which the
person is employed if the person is an educator or a human service worker
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
Citation: Fam. Law §§ 5-704; 5-705
Mandatory reporters are required to report regardless of any other provision of law, including any law on privileged communications.
Only attorney-client and clergy-penitent privileges are permitted.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Hum. Serv. Code § 1-202(c)
Any disclosure of a report or record concerning child abuse or neglect must make provisions to protect the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information.