Quick Study

Understanding Child Welfare (Law) in Maryland

 

Why am I being contacted by Child Protective Services?

 

Child Protective Services (CPS) may become involved with a family when there are concerns about the safety and well-being of children. These concerns can arise from various situations, including:

1. Reports of Abuse or Neglect: CPS often intervenes when there are reports or allegations of child abuse or neglect. This can include physical, emotional, or sexual abuse, as well as instances where children are not receiving proper care, nutrition, or medical attention.

2. Domestic Violence: If there is domestic violence in the home, especially if children are exposed to it, CPS may investigate to ensure the children's safety.

3. Substance Abuse: If a parent or caregiver is struggling with substance abuse issues and it's deemed to be a threat to the child's safety and well-being, CPS may step in to assess the situation.

4. Mental Health Concerns: Severe mental health issues that impair a parent or caregiver's ability to provide a safe and stable environment for a child may prompt CPS involvement.

5. Unsafe Living Conditions: CPS may intervene if the child's living conditions are unsafe due to issues such as inadequate housing, environmental hazards, or unsanitary conditions.

6. Educational Neglect: If a child is consistently absent from school or not receiving appropriate education, CPS may investigate.

7. Medical Neglect: When a child's medical needs are consistently unmet, putting their health at risk, CPS may become involved.

8. Abandonment: In cases where a child has been abandoned or left without proper care, CPS may step in to ensure their safety.

It's important to note that CPS's primary goal is to protect the best interests of the child. Their involvement may vary from conducting assessments and providing support services to removing a child from their home temporarily or permanently, depending on the severity of the situation. The ultimate aim is to create a safe and nurturing environment for the child's growth and development.

 

Maryland Courts - This page describes the process by which the state may intervene in the parent child relationship for the purpose of protecting the child.

 

Maryland Statutes
Family Law
Title 5 - Children

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At BLACK CHILD WELFARE, we strive to provide accurate and pertinent information to our readers. However, it is important to understand that the content published on our website is solely intended for informational purposes and should not be interpreted as legal advice. Thank you for supporting BLACK CHILD WELFARE as we continue to provide information and resources to enhance understanding and promote the welfare of black children.

MD. Family Law Code § 5-704 - If you see something, say something…it is the law. There are exceptions MD. Family Law Code § 5-705 (2022)

MD. Family Law Code § 5-704.1 (2022)- If you know or have reason to believe a parent or caregiver is allowing a child to live with or be in the regular presence of a registered sex offender… call your local CPS department.

MD. Family Law Code § 5-704.2 (2022)- If you have a baby and the baby toxicology test comes back positive for a controlled substance, it is the law for the health care practitioner to contact the local cps department and make them aware of the substance exposed newborn., there are exceptions…read the law. An intervention shall be initiated when: a child is born drug exposed; and medical personnel have determined that the child is at a high risk of abuse or neglect. MD. Family Law Code § 5-706.3 (2022) The child may be considered CINA if the mother refuses the recommended level of drug treatment, or does not successfully complete the recommended level of drug treatment and/or the mother/the father is unable to provide adequate care for the child.

MD. Family Law Code § 5-705.2 (2022)- If you intentionally prevent or interfere with the making of a report of suspected abuse or neglect, you can be found guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

MD. Family Law Code § 5-706 (2022)- When the local CPS department receives a report for child abuse or neglect, if the report is screened in, there must be an investigtion within 24 hours after receiving a report of suspected physical or sexual abuse of a child who lives in this State that is alleged to have occurred in this State, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this State that is alleged to have occurred in this State.

The local department or the appropriate law enforcement agency shall:

        (1)    see the child;

        (2)    attempt to have an on–site interview with the child’s caretaker;

        (3)    decide on the safety of the child, wherever the child is, and of other children in the household; and

        (4)    decide on the safety of other children in the care or custody of the alleged abuser.

Read the law.

MD. Family Law Code § 5-709 (2022)- If your child is suspected to be in serious immediate danger, a representative from the local CPS department and/or Law Enforcement can temporarily remove the child from your home without court approval, at which time the child will be thoroughly examined by a Physician.

MD. Family Law Code § 5-713 (2022)- After the child is returned to the home, the local department shall establish proper supervision and monitoring of the household on a regularly scheduled basis of at least once a month for at least 3 months. The local department may extend the monitoring period.

MD. Family Law Code § 5-801 (2022)- Do not leave your children unattended. A person who is charged with the care of a child under the age of 8 years may not allow the child to be locked or confined in a dwelling, building, enclosure, or motor vehicle while the person charged is absent and the dwelling, building, enclosure, or motor vehicle is out of the sight of the person charged unless the person charged provides a reliable person at least 13 years old to remain with the child to protect the child. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 30 days, or both. This means your child can not be left unattended in the car…at home etc. under the age of 8 and they can not watch any other child unless they are at least 13 years old.