Child Abuse and Neglect - Disclosure of Reports and Records, the official text

WES MOORE, Governor                     Ch. 790

Chapter 790

                   (House Bill 1326)

AN ACT concerning

        Child Abuse and Neglect – Disclosure of Reports and Records

FOR the purpose of expanding the circumstances under which a report or record concerning
         child abuse or neglect may be disclosed by the Department of Human Services to
         certain individuals; and generally relating to disclosure of reports and records of
         child abuse and neglect.

BY repealing and reenacting, without amendments,
         Article – Human Services
         Section 1–202(a)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Article – Human Services
         Section 1–202(c) 1–202(c) through (e)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Human Services
         Section 1–202(d)
         Annotated Code of Maryland
         (2019 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Human Services

1–202.

         (a) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family Law
Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or
record concerning child abuse or neglect.

(c) A report or record concerning child abuse or neglect:

             (1) may be disclosed on request to:

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Ch. 790  2026 LAWS OF MARYLAND

                           (i) personnel of the Social Services Administration or a local
department of social services, law enforcement personnel, and members of
multidisciplinary case consultation teams, including an addiction specialist as defined in
Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating
a report of known or suspected child abuse or neglect or providing services to or assessing
a child or family that is the subject of the report;

                           (ii) local or State officials responsible for the administration of child
protective services, juvenile services, or child care, foster care, or adoption licensing,
approval, or regulations, as necessary to carry out their official functions;

                           (iii) the State Council on Child Abuse and Neglect or its designee, the
State Citizens Review Board for Children or its designee, or a child fatality review team,
as necessary to carry out their official functions;

                           (iv) a person who is the alleged abuser or neglector, if that person is
responsible for the child’s welfare and provisions are made for the protection of the identity
of the reporter or any other person whose life or safety is likely to be endangered by
disclosing the information;

                           (v) a licensed practitioner who, or an agency, institution, or program
that, is providing treatment or care to a child who is the subject of a report of child abuse
or neglect for a purpose relevant to the treatment or care;

                           (vi) a parent or other person who has permanent or temporary care
and custody of the child, if provisions are made for the protection of the identity of the
reporter or any other person whose life or safety is likely to be endangered by disclosing the
information;

                           (vii) 1. the appropriate public school superintendent or the
principal or equivalent employee of a nonpublic school that holds a certificate of approval
from the State or is registered with the State Department of Education to carry out
appropriate personnel or administrative actions following a report of suspected child abuse
involving a student committed by:

                                    A. a public school employee in that school system;

                                    B. an employee of that nonpublic school;

                                    C. an independent contractor who supervises or works
directly with students in that school system or that nonpublic school; or

                                    D. an employee of an independent contractor, including a bus
driver or bus assistant, who supervises or works directly with students in that school
system or that nonpublic school; and

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                                        WES MOORE, Governor   Ch. 790

                                    2. if the report concerns suspected child abuse involving a
student committed by an employee, independent contractor, or employee of an independent
contractor described in item 1 of this item and employed by a nonpublic school under the
jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the
Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate
superintendent of schools;

                           (viii) the director of a licensed child care facility or licensed child
placement agency to carry out appropriate personnel actions following a report of suspected
child abuse or neglect alleged to have been committed by an employee of the facility or
agency and involving a child who is currently or was previously under the care of that
facility or agency;

                           (ix) the Juvenile Justice Monitoring Unit of the Office of the
[Attorney General] CORRECTIONAL OMBUDSMAN established under [Title 6, Subtitle 4]
TITLE 9, SUBTITLE 4 of the State Government Article;

                           (x) subject to subsection (d) of this section, a licensed practitioner of
a hospital or birthing center to make discharge decisions concerning a child, when the
practitioner suspects that the child may be in danger after discharge based on the
practitioner’s observation of the behavior of the child’s parents or immediate family
members; or

                           (xi) the president of a Maryland public institution of higher
education, as defined in § 10–101 of the Education Article, or the Chancellor of the
University System of Maryland, to carry out appropriate personnel or administrative
actions following a report of child abuse committed:

                                    1.  by an employee of the institution who has on–campus
contact with children; or

                                    2. by a contractor, an employee of a contractor, or a volunteer
of the institution who has on–campus contact with children; and

(2) may be disclosed by the Department of Human Services to:

                         (I) the operator of a child care center that is required to be licensed
or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article or to a
family child care provider who is required to be registered under Title 9.5, Subtitle 3 of the
Education Article, to determine the suitability of an individual for employment in the child
care center or family child care home;.

        (D) A REPORT OR RECORD CONCERNING CHILD ABUSE OR NEGLECT MAY BE
DISCLOSED BY THE DEPARTMENT OF HUMAN SERVICES TO THE FOLLOWING

INDIVIDUALS ONLY AFTER A FINALIZED FINDING OF INDICATED CHILD ABUSE OR

NEGLECT:
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Ch. 790            2026 LAWS OF MARYLAND

         (II) (1)          THE ADMINISTRATOR OF A CHILD CARE CENTER

OPERATED BY OR ON BEHALF OF A UNIT OF STATE OR LOCAL GOVERNMENT OR IN A

STATE–OCCUPIED BUILDING UNDER TITLE 9.5, SUBTITLE 5 OF THE EDUCATION

ARTICLE, TO DETERMINE THE SUITABILITY OF AN INDIVIDUAL FOR EMPLOYMENT

IN THE CHILD CARE CENTER;

                         (III) (2) THE COACH, TEAM ADMINISTRATOR, OR MANAGER OF

A YOUTH SPORTS PROGRAM FOR RECREATIONAL ATHLETIC COMPETITION OR

INSTRUCTION FOR PARTICIPANTS WHO ARE MINORS, TO DETERMINE THE

SUITABILITY OF AN INDIVIDUAL FOR EMPLOYMENT OR VOLUNTARY SERVICE IN THE

YOUTH SPORTS PROGRAM; AND

         (IV) (3)          THE ADMINISTRATOR OR OTHER APPROPRIATE

PERSONNEL OF ANY ORGANIZATION THAT PROVIDES ADULT SUPERVISION OR CARE

AND CONTROL OF CHILDREN HAS TEMPORARY CARE OR CUSTODY OF A CHILD OR

RESPONSIBILITY FOR THE SUPERVISION OF A CHILD, TO DETERMINE THE

SUITABILITY OF AN INDIVIDUAL FOR EMPLOYMENT OR VOLUNTARY SERVICE WITH

THE ORGANIZATION.

        [(d)] (E) Only the following information concerning child abuse and neglect may
be disclosed to a practitioner of a hospital or birthing center under subsection (c)(1)(x) of this
section:

                  (1) whether there is a prior finding of indicated child abuse or neglect by
either parent; and

                  (2) whether there is an open investigation of child abuse or neglect pending
against either parent.

        [(e)] (F) A person who violates this section is guilty of a misdemeanor and on
conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or
both.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 26, 2026.

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