1. A. Written Policy. The agency shall have a written policy conforming with State law of the procedures to be followed after any incident of suspected child abuse or neglect by an employee, volunteer, or board member. The written policy shall require that:

   1. (1) The agency send the chief administrator or a designee to the team meetings when the local department requests the agency to participate on the multidisciplinary case consulting team to investigate a report of suspected abuse or neglect in the agency and to help formulate a corrective action plan;
   2. (2) The agency conspicuously post in its administrative office the telephone number supplied by the local department for reporting child abuse and child neglect;
   3. (3) Unless limited by the local department's case plan for the child, the agency notify the child's parent or legal custodian of any report of child abuse or neglect in the agency;

   4. (4) Agency employees, volunteers, or governing board members who suspect child abuse or neglect report the incident to the:

      1. (a) Local department or local law enforcement agency, and
      2. (b) Chief administrator or, if the individual suspected of child abuse or neglect is the chief administrator, president of the governing board;
   5. (5) The agency may not prevent the employee, volunteer, or board member from reporting the incident;
   6. (6) The agency protect the individual from dismissal or any other reprisal for making the report;
   7. (7) As needed, the agency enable the individual to provide testimony in court or participate in the investigation without loss of leave, pay, or other benefits; and
   8. (8) The agency shall immediately notify the Administration and OLM by phone and email of the incident of suspected child abuse or neglect by an employee, volunteer, or board member.

2. B. Requirements for Employees, Volunteers, and Board Members. Before appointment to the agency, each employee, volunteer, or board member shall:

   1. (1) Read a statement of what constitutes child abuse or neglect; and

   2. (2) Sign a statement acknowledging that:

      1. (a) The individual shall report to the local department or local law enforcement agency any incident of suspected child abuse or neglect; and

      2. (b) The agency requires as a condition of appointment that the individual:

         1. (i) Cooperate in any investigation or review, and
         2. (ii) Give formal testimony if required.

3. C. Local Department Investigation of Child Abuse or Neglect. Upon notification of allegations that an employee, volunteer, or board member has subjected a child to abuse or neglect, the chief administrator or, if the investigation involves the chief administrator, the president of the governing board:

   1. (1) May dismiss the employee, volunteer, or board member from all duties; and
   2. (2) Shall separate the agency individual from all children in the agency's care or receiving adoption services.
4. D. If, after the completion of a child protective services investigation and any timely appeals, an employee, volunteer, or board member has been found responsible for indicated child abuse or neglect, the chief administrator or, if the finding results from an investigation of the chief administrator, the president of the governing board shall dismiss the employee, volunteer, or board member from all duties.

Authority: Human Services Article, §2-209 Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357

Effective date: January 12, 2001 (27:26 Md. R. 2357)

Regulation .14C amended as an emergency action effective July 1, 2023 (50:15 Md. R. 679); emergency status expired December 28, 2023

Chapter revised effective April 14, 2025 (52:7 Md. R. 321)

Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .09 amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .14A amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .17 amended effective February 2, 2026 (53:2 Md. R. 61)