1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Abandonment” means wrongful and continuous absence by a:

      1. (a) Spouse from the home for a period of 18 months or longer, immediately before the recipient of services' hospitalization; or
      2. (b) Parent coupled with failure to support a child, or children, for a period of 18 months or more during the child's or children's minority.

   2. (2) “Abuse” or “physical abuse” means:

      1. (a) The sustaining of physical injury;
      2. (b) Cruel or inhumane treatment;
      3. (c) A malicious act or treatment; or
      4. (d) Harm, or threatened harm, to the health or welfare of the individual.

   3. (3) “Crime of violence” means:

      1. (a) Abduction;
      2. (b) Arson;
      3. (c) Burglary;
      4. (d) Daytime housebreaking;
      5. (e) Kidnapping;
      6. (f) Manslaughter, except involuntary manslaughter;
      7. (g) Assault in the first degree;
      8. (h) Murder;
      9. (i) Rape;
      10. (j) Robbery;
      11. (k) Robbery with a deadly weapon;
      12. (l) Sexual offense in the first degree;
      13. (m) Sexual offense in the second degree;
      14. (n) Use of a handgun in the commission of a felony or other crime of violence;

      15. (o) An attempt to commit any one of the following offenses:

          1. (i) Assault with intent to murder;
          2. (ii) Assault with intent to rape;
          3. (iii) Assault with intent to rob;
          4. (iv) Assault with intent to commit a sexual offense in the first degree; and
          5. (v) Assault with intent to commit a sexual offense in the second degree.
   4. (4) “Minority” means the period of time when a child is 17 years old or younger.

   5. (5) “Recipient of services”:

      1. (a) Means an individual who receives care, maintenance, treatment, or support in a facility or program that is operated or funded wholly or partly by the Department;

      2. (b) Includes, but is not limited to, an individual in a:

         1. (i) Public facility under the Maryland Mental Law, Health-General Article, Title 10, Annotated Code of Maryland;
         2. (ii) Facility or Veteran's Administration hospital for comprehensive evaluation under Health-General Article, Title 7, Annotated Code of Maryland;
         3. (iii) Residential, public facility, or a facility from which the State obtains residential care under the Maryland Developmental Disabilities Law, Health-General Article, Title 7, Annotated Code of Maryland; and
         4. (iv) Facility operated by the Office of Chronic and Rehabilitation Facilities.

   6. (6) “Responsible relative” means the:

      1. (a) Spouse of a recipient of services;
      2. (b) Parents of a recipient of services who is a minor; and
      3. (c) Children of a recipient of services.

   7. (7) “Sexual abuse”:

      1. (a) Means an act that involves sexual molestation or exploitation of a person by another person;

      2. (b) Includes, but is not limited to:

         1. (i) Incest, rape, or sexual offenses in any degree,
         2. (ii) Sodomy, and
         3. (iii) Unnatural or perverted sexual practices.

Authority: Health-General Article, §16-203, Annotated Code of Maryland

Effective date: July 1, 1971

Regulations .01, .02B, and .03A amended effective May 5, 1986 (13:9 Md. R. 1028)

Regulation .03C repealed effective May 5, 1986 (13:9 Md. R. 1028)

Chapter repealed effective June 27, 1988 (15:13 Md. R. 1552)

Regulations .01—.03 under a new chapter, Abandonment or Abuse of Responsible Relatives by Recipients of Care, adopted effective June 27, 1988 (15:13 Md. R. 1552)

Regulation .01 amended effective January 17, 2005 (32:1 Md. R. 27)