211 A.3d 403
Md.2019Background
- On Sept. 3, 2014, petitioner John Junek drove to work after dropping off his older son but left his 17-month-old son strapped in the backseat; the child was found unresponsive and later pronounced dead.
- St. Mary’s County Department of Social Services investigated and issued a finding of “indicated child neglect” under Fam. Law § 5-701(s).
- Junek contested the finding; an Administrative Law Judge (ALJ) and the Circuit Court affirmed, concluding neglect does not require intent.
- The Court of Special Appeals affirmed, relying on I.B. v. Frederick Cty. Dep’t of Soc. Servs., which held intent is not an element of civil child neglect under § 5-701(s).
- Junek petitioned for certiorari raising whether scienter/intent is an element of neglect under Fam. Law § 5-701(s); the Court of Appeals granted review and affirmed the lower courts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether intent/scienter is an element of child neglect under Fam. Law § 5-701(s) | Junek: prior case law implying intent for child abuse (Taylor, McClanahan) should extend to neglect; criminal-law definition of neglect uses "intentional" so civil neglect should too | DSS / State: § 5-701(s) and COMAR for neglect contain no scienter element; abuse provisions differ and expressly exclude accidental injury, showing the legislature knows how to add intent where intended | Held: Intent/scienter is NOT an element of civil child neglect under Fam. Law § 5-701(s); affirmed the finding of indicated neglect |
Key Cases Cited
- Taylor v. Harford Cty. Dep’t of Soc. Servs., 384 Md. 213 (2004) (cited for rule that child abuse findings require reckless or deliberate conduct; accidental injury is excluded)
- McClanahan v. Washington Cty. Dep’t of Soc. Servs., 445 Md. 691 (2015) (held mental and physical child abuse require a showing of intent to harm)
- I.B. v. Frederick Cty. Dep’t of Soc. Servs., 239 Md. App. 556 (2018) (Court of Special Appeals holding that intent is not required for a finding of neglect under § 5-701(s), relied upon by this Court)