1. A. Except as set forth in §B of this regulation, an individual found responsible by a local department for indicated or unsubstantiated child abuse or neglect or who was alleged to have abused or neglected a child in a case that resulted in a finding of indicated or unsubstantiated child abuse or neglect with no maltreator identified is entitled to an opportunity to appeal in accordance with this chapter.
2. B. In those cases in which, before June 1, 1999, a local department made a finding of indicated or unsubstantiated child abuse or neglect and an individual has not been offered an opportunity for a contested case hearing, and the individual has now requested a hearing, that appeal will be conducted in accordance with the procedures in these regulations under the substantive law applicable at the time of the local department’s finding.

Authority: Family Law Article, §§5-701, 5-706, 5-706.1, 5-707, and 5-714; Human Services Article, Title 1; Annotated Code of Maryland

Effective date:

Regulations .01—.16 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)

Regulations .01—.16 adopted effective October 1, 1994 (21:19 Md. R. 1633)

Regulations .01—.16 amended and .17—.22 adopted as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233

Regulation .03A amended effective November 6, 1995 (22:22 Md. R. 1656)

Regulation .07 amended effective November 6, 1995 (22:22 Md. R. 1656)

Regulations .01—.16 repealed and new Regulations .01—.15 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)

Regulations .01—.16 repealed and new Regulations .01—.15 adopted effective March 20, 2000 (27:5 Md. R. 582)

Regulation .05 amended effective November 19, 2007 (34:23 Md. R. 2026)

Regulations .01—.15 repealed and new Regulations .01—.15 adopted effective June 19, 2017 (44:12 Md. R. 586)