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Maryland

Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • Educators
  • Human service workers
  • Police officers

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • 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.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report abuse or neglect as defined by Maryland statute 5-701 and legal guidance interpreting the statute.
    • “Abuse” means:
      • The physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed by:
        • A parent;
        • A household member or family member;
        • A person who has permanent or temporary care or custody of the child;
        • A person who has responsibility for supervision of the child; or
        • A person who, because of the person’s position or occupation, exercises authority over the child; or
      • Sexual abuse of a child, whether physical injuries are sustained or not.
        • “Sexual abuse” means any act that involves:
          • Sexual molestation or exploitation of a child by:
            • A parent;
            • A household member or family member;
            • A person who has permanent or temporary care or custody of the child;
            • A person who has responsibility for supervision of the child; or
            • A person who, because of the person’s position or occupation, exercises authority over the child; or
          • Sex trafficking of a child by any individual.
          • “Sexual molestation or exploitation” includes:
            • Allowing or encouraging a child to engage in:
              • Obscene photography, films, poses, or similar activity;
              • Pornographic photography, films, poses, or similar activity; or
              • Prostitution;
            • Incest;
            • Rape;
            • Sexual offense in any degree;
            • Sodomy; and
            • Unnatural or perverted sexual practices.
          • “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.
    • “Neglect” means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
      • That the child’s health or welfare is harmed or placed at substantial risk of harm; or
      • Mental injury to the child or a substantial risk of mental injury.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

Refer to the General Assembly of Maryland for the most current and complete definitions relating to family law and for more information on what is reportable.

How to report:

What is the method of reporting?

  • Notwithstanding any other provision of law, including any law on privileged communications, each mandated reporter acting in a professional capacity in this state who has reason to believe that a child has been subjected to abuse or neglect shall make an oral report by telephone or direct communication as soon as possible. A written report shall be made no later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • An oral report shall be made immediately and a written report shall be made no later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • The oral report shall be made to the local department or the appropriate law enforcement agency. The written report shall be made to the local department, with a copy to the local state's attorney.
  • An agency to which an oral report of suspected abuse or neglect is made shall immediately notify the other agency. This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

Reports are to be made to the local department of social services or to a local law enforcement agency. To find your local department, visit the Maryland Department of Human Services.

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.