Section 5-705 - Reporting of abuse or neglect - By other persons.
§ 5-705. Reporting of abuse or neglect - By other persons.
(a) In general.-
(1) Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person in this State other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall:
(i) if the person has reason to believe the child has been subjected to abuse, notify the local department or the appropriate law enforcement agency; or
(ii) if the person has reason to believe the child has been subjected to neglect, notify the local department.
(2) A person is not required to provide notice under paragraph (1) of this subsection:
(i) in violation of the privilege described under § 9-108 of the Courts Article;
(ii) if the notice would disclose matter communicated in confidence by a client to the client's attorney or other information relating to the representation of the client; or
(iii) in violation of any constitutional right to assistance of counsel.
(3) A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (1) of this subsection if the notice would disclose matter in relation to any communication described in § 9-111 of the Courts Article and:
(i) the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and
(ii) the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
(b) Notification of other agency; cooperative agreements.-
(1) An agency to which a report of suspected abuse is made under subsection (a) of this section shall immediately notify the other agency.
(2) This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements.
(c) Form of report.- A report made under subsection (a) of this section may be oral or in writing.
(d) Contents of report.-
(1) To the extent possible, a report made under subsection (a) of this section shall include the information required by § 5-704 (c) of this subtitle.
(2) A report made under subsection (a) of this section shall be regarded as a report within the provisions of this subtitle, whether or not the report contains all of the information required by § 5-704(c) of this subtitle.
[1987, ch. 635, § 2; 1988, chs. 769, 770; 1989, ch. 5, § 1; 1991, ch. 55, § 1; 2003, ch. 308.]