President of Pax River Raiders

[PRIVATEYE]

Originally Posted by PRIVATEYE

just one small quote from the code... continue reading....

Md. FAMILY LAW Code Ann. § 5-706.2 (Copy w/ Cite)
Pages: 3



Md. FAMILY LAW Code Ann. § 5-706.2


Annotated Code of Maryland
Copyright 2012 by Matthew Bender and Company, Inc., a member of the LexisNexis Group
All rights reserved.


*** Current through all Chapters Effective October 1, 2012, of the 2012 General Assembly Regular Session, First Special Session, and Second Special Session ***

FAMILY LAW
TITLE 5. CHILDREN
SUBTITLE 7. CHILD ABUSE AND NEGLECT

Md. FAMILY LAW Code Ann. § 5-706.2 (2012)

§ 5-706.2. Reporting that child is at substantial risk of sexual abuse


(a) Receipt, referral and regulations. --

(1) A local department or a law enforcement agency may receive a report under § 5-704.1 of this subtitle that a child is at substantial risk of sexual abuse.

(2) If a law enforcement agency receives the report, the law enforcement agency shall immediately refer the report to the local department.

(3) The Secretary of Human Resources shall adopt regulations governing:

(i) how staff in a local department should elicit information when receiving a report under § 5-704.1 of this subtitle; and

(ii) the definition of substantial risk of sexual abuse as used in this subtitle.

(b) Investigation. --

(1) Except as provided in paragraph (3) of this subsection, after confirming that the allegations in the report regarding the individual's history are accurate and that there is specific information that the child is at substantial risk of sexual abuse, the local department shall make a thorough investigation to protect the health, safety, and welfare of any child or children who may be at substantial risk of sexual abuse.

(2) The local department shall conduct the investigation jointly with an appropriate law enforcement agency.

(3) If a subsequent report is received regarding an individual with a history of sexual abuse that alleges substantially the same facts as a report that the local department has previously investigated, the local department may decline to make an investigation of the subsequent report.

(c) Actions after receipt of report. -- Within 5 days after receiving the report, the local department and the appropriate law enforcement agency shall:

(1) see the child in person;

(2) attempt to have an on-site interview with the child's caregiver and the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child;

(3) decide on the safety and level of risk to the child, wherever the child is, and of other children in the household; and

(4) decide on the safety and level of risk of other children in the care or custody of the individual identified in the report as an individual registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.

(d) Timing for completion of investigation. -- To the extent possible, an investigation under this section shall be completed as soon as practicable but not later than 30 days after receipt of the report.

(e) Responsibilities during investigation. -- As part of the investigation, the local department shall:

(1) determine whether the child is safe;

(2) determine whether sexual abuse of the child has occurred;

(3) if appropriate, offer services to the family; and

(4) immediately decide whether to file a petition alleging that the child is in need of assistance.
HISTORY: 2010, chs. 185, 186.

FAMILY LAW
TITLE 5. CHILDREN
SUBTITLE 7. CHILD ABUSE AND NEGLECT

Md. FAMILY LAW Code Ann. § 5-706.1 (2012)

§ 5-706.1. Finding of indicated or unsubstantiated abuse or neglect -- Notice; hearing; conference; findings made prior to June 1, 1999


(a) Notice. -- Within 30 days after the completion of an investigation in which there has been a finding of indicated or unsubstantiated abuse or neglect, the local department shall notify in writing the individual alleged to have abused or neglected a child:

(1) of the finding;

(2) of the opportunity to appeal the finding in accordance with this section; and

(3) if the individual has been found responsible for indicated abuse or neglect, that the individual may be identified in a central registry as responsible for abuse or neglect under the circumstances specified in § 5-714(e) of this subtitle.

(b) Hearing to appeal finding of indicated abuse or neglect. --

(1) In the case of a finding of indicated abuse or neglect, an individual may request a contested case hearing to appeal the finding in accordance with Title 10, Subtitle 2 of the State Government Article by responding to the notice of the local department in writing within 60 days.

(2) Unless the individual and the department agree on another location, a contested case hearing shall be held in the jurisdiction in which the individual alleged to have abused or neglected a child resides.

(3) (i) If a criminal proceeding is pending on charges arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall stay the hearing until a final disposition is made.

(ii) If after final disposition of the criminal charge, the individual requesting the hearing is found guilty of any criminal charge arising out of the alleged abuse or neglect, the Office of Administrative Hearings shall dismiss the administrative appeal.

(4) (i) If a CINA case is pending concerning a child who has been allegedly abused or neglected by the appellant or a child in the care, custody, or household of the appellant, the Office of Administrative Hearings shall stay the hearing until the CINA case is concluded.

(ii) After the conclusion of the CINA case, the Office of Administrative Hearings shall vacate the stay and schedule further proceedings in accordance with this section.

(c) Conference to review redacted record on finding of unsubstantiated abuse or neglect. --

(1) In the case of a finding of unsubstantiated abuse or neglect, an individual may request a conference with a supervisor in the local department by responding to the notice of the local department in writing within 60 days.

(2) In response to a timely request for a conference, a local department supervisor shall schedule a conference, to occur within 30 days after the supervisor receives the request, to allow the individual an opportunity to review the redacted record and request corrections or to supplement the record.

(3) Within 10 days after the conference, the local department shall send to the individual:

(i) a written summary of the conference and of any modifications to be made in the record; and

(ii) notice of the individual's right to request a contested case hearing in accordance with paragraph (4) of this subsection.

(4) (i) The individual may request a contested case hearing in accordance with subsection (b) of this section to appeal the outcome of the conference by responding to the summary in writing within 60 days.

(ii) If the individual does not receive the written summary and notice specified in paragraph (3) of this subsection within 20 days, the individual may request a contested case hearing.

(iii) An individual may request a contested case hearing in the case of a finding of unsubstantiated abuse or neglect only as provided in this paragraph.

(d) Unexpunged findings made prior to June 1, 1999. -- In the case of an unexpunged finding of indicated or unsubstantiated abuse or neglect made prior to June 1, 1999, the local department shall provide the individual with an opportunity to appeal the finding in accordance with this section if the individual:

(1) requests such an appeal;

(2) has not been offered an opportunity to request a contested case hearing; and

(3) has not been found guilty of any criminal charge arising out of the alleged abuse or neglect.

HISTORY: 1993, ch. 318, § 1; 1995, ch. 570; 1999, ch. 214; 2005, ch. 464, § 3.

Now, why would ANYONE even push it that far to what the "law" says...if you can or cant be criminally charged with neglect...you wouldnt protect your children from a sex offender? you actually need a rule book on how to be a good parent? aren't we supposed to protect our children from known risks? would you sit down at a park with your family to have a picnic if the group next to you was laid out on blankets smoking marijuana and the smoke blowing in the direction of your children or would you get up and move to a safer place to picnic?? Hmm.. guess it all depends on what kind of parent you are. and BEFORE you respond...i'm NOT directing this at "YOU" Tom88 ... i'm speaking to you in general, people reading this.

[PRIVATEYE]

Originally Posted by Goldenhawk

IANAL, but I see that this says "may notify", not "shall notify". Furthermore, it's an "AND" condition: sex offender *AND* poses a risk, not just sex offender.

It may or may not be foolish, but the parents are not committing a crime, by those standards.

it is written that way because you joe blow in the community do not have a "duty" to protect children other than your own... whereas, the following people do...see bold text below.

Md. FAMILY LAW Code Ann. § 5-704 (Copy w/ Cite)
Pages: 3



Md. FAMILY LAW Code Ann. § 5-704


Annotated Code of Maryland
Copyright 2012 by Matthew Bender and Company, Inc., a member of the LexisNexis Group
All rights reserved.


*** Current through all Chapters Effective October 1, 2012, of the 2012 General Assembly Regular Session, First Special Session, and Second Special Session ***

FAMILY LAW
TITLE 5. CHILDREN
SUBTITLE 7. CHILD ABUSE AND NEGLECT

Md. FAMILY LAW Code Ann. § 5-704 (2012)

§ 5-704. Reporting of abuse or neglect -- By health practitioner, police officer, educator, or human service worker


(a) In general. -- Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State:

(1) who has reason to believe that a child has been subjected to abuse or neglect, shall notify the local department or the appropriate law enforcement agency; and (2) if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to the head of the institution or the designee of the head.

(b) Oral and written reports; cooperation among departments and agencies. --

(1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make:

(i) an oral report, by telephone or direct communication, as soon as possible to the local department or appropriate law enforcement agency; and

(ii) a written report:

1. to the local department not 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; and

2. with a copy to the local State's Attorney.

(2) (i) An agency to which an oral report of suspected abuse or neglect is made under paragraph (1) of this subsection shall immediately notify the other agency.

(ii) This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.

(c) Contents of report. -- Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:

(1) the name, age, and home address of the child;

(2) the name and home address of the child's parent or other person who is responsible for the child's care;

(3) the whereabouts of the child;

(4) the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and

(5) any other information that would help to determine:

(i) the cause of the suspected abuse or neglect; and

(ii) the identity of any individual responsible for the abuse or neglect.

HISTORY: 1987, ch. 635, § 2; 1989, ch. 730, §§ 1, 2; 1997, chs. 367, 368; 1998, ch. 21, § 1; 2000, ch. 61, § 1; 2003, ch. 308; 2011, chs. 398, 399.

[tom88]

Originally Posted by PRIVATEYE

FAMILY LAW
TITLE 5. CHILDREN
SUBTITLE 7. CHILD ABUSE AND NEGLECT

Md. FAMILY LAW Code Ann. § 5-706.1 (2012)


Now, why would ANYONE even push it that far to what the "law" says...if you can or cant be criminally charged with neglect...you wouldnt protect your children from a sex offender? you actually need a rule book on how to be a good parent? aren't we supposed to protect our children from known risks? would you sit down at a park with your family to have a picnic if the group next to you was laid out on blankets smoking marijuana and the smoke blowing in the direction of your children or would you get up and move to a safer place to picnic?? Hmm.. guess it all depends on what kind of parent you are. and BEFORE you respond...i'm NOT directing this at "YOU" Tom88 ... i'm speaking to you in general, people reading this.

There is no criminal charge for leaving your child with a person who is a registered sex offender. You are showing me a lot of information in reference to the CINA (child in need of assistance) laws, but nothing in the criminal law.

I personally would not allow my child to be around any registered sex offender, or any other adult that I am not completely comfortable with. The way you protect your children is to educate them.

Don't take my word for it though, call the states attorney's office and talk to the prosecutor who handles these cases, or call the sheriff's office and speak to the deputy who handles sex offenders.

[PRIVATEYE]

Originally Posted by tom88

There is no criminal charge for leaving your child with a person who is a registered sex offender. You are showing me a lot of information in reference to the CINA (child in need of assistance) laws, but nothing in the criminal law.

I personally would not allow my child to be around any registered sex offender, or any other adult that I am not completely comfortable with. The way you protect your children is to educate them.

Don't take my word for it though, call the states attorney's office and talk to the prosecutor who handles these cases, or call the sheriff's office and speak to the deputy who handles sex offenders.

Directly from the Maryland Sentencing Guidelines... updated 11/1/12
http://www.msccsp.org/Files/Guidelines/offensetable.pdf

pg 5 of 52.

4-2
Abuse and Other Offensive Conduct Child neglect
1-1614 CR, §3-602.1 Misdemeanor 5Y Person VI $5,000 fine

a parent CAN be charged with Neglect and it IS a criminal charge.

HOWEVER, as i previously stated, since Mr. Berg is NOT a registered sex offender, nothing could come in the form of a neglect allegation from anyone having their children around HIM. there are other registered offenders in the local area, that could cause issues for folks.

the question to ask yourself is,...do you REALLY know the folks your children hanging out with ??

[Pete]

You guys need to get a life.

[PRIVATEYE]

Originally Posted by Pete

You guys need to get a life.

agreed... :) just think it's fair that people are informed of what is around them and how it can turn on them for wearing rose glasses too much.

[BernieP]

Originally Posted by mAlice

Stupidity is still not a crime. Damn shame.

Have you crossed paths with the players and cheerleaders parents?

[tom88]

Originally Posted by PRIVATEYE

Directly from the Maryland Sentencing Guidelines... updated 11/1/12
http://www.msccsp.org/Files/Guidelines/offensetable.pdf

pg 5 of 52.

4-2
Abuse and Other Offensive Conduct Child neglect
1-1614 CR, §3-602.1 Misdemeanor 5Y Person VI $5,000 fine

a parent CAN be charged with Neglect and it IS a criminal charge.

HOWEVER, as i previously stated, since Mr. Berg is NOT a registered sex offender, nothing could come in the form of a neglect allegation from anyone having their children around HIM. there are other registered offenders in the local area, that could cause issues for folks.

the question to ask yourself is,...do you REALLY know the folks your children hanging out with ??

No sir, a person can't be charged with criminal neglect for simply leaving their child with a registered sex offender, unless that sex offender is under the age of 13, which is highly unlikely although possible.

[PRIVATEYE]

Originally Posted by tom88

No sir, a person can't be charged with criminal neglect for simply leaving their child with a registered sex offender, unless that sex offender is under the age of 13, which is highly unlikely although possible.

??? any reference to "under the age of 13" is the VICTIM, not the sex offender. where did you read sex offender under the age of 13 in anything i referenced to you? perhaps i missed it in the extensive research i have done in regards to a calvert case i am working on? hmmm

and YES, if the law enforcement and CSS investigation results in substantiated risks affirmed, the parent can be charged with neglect.

[letmetellyou]

Originally Posted by Pete

You guys need to get a life.

Well said by someone with over than 50,000 post.