Child Fatality Reports

Maryland Human Services Article 1-203 allows limited disclosure of information in child fatality or near-fatality cases upon request unless the State’s Attorney advises that it could harm an investigation or prosecution. The Maryland Department of Human Services is committed to being transparent in a way the department has not previously modeled — while protecting the families of children who have passed away. We’re seeking to educate the public about our child fatalities in an intentional way with respect and dignity.

Human Services § 1-203 permits sharing information about child abuse or neglect cases involving a fatality or near-fatality, but only regarding the actions or failures of the Department or its agents. The Department cannot release child abuse records after a child’s death or near death if there is no or insufficient evidence of abuse or neglect. Human Services Article 1-203 (e) outlines specific limitations, while (d) allows disclosure of:

1. the name of the deceased child;
2. the date of the reported child abuse or neglect and any prior or subsequent reports;
3. the findings made by the local department after its investigation and the disposition made by the local department based on its findings;
4. any services provided to the child, alleged maltreator, and household or family members;
5. the number of referrals for professional service for the child, alleged maltreator, and household or family members;
6. any prior adjudication as a child in need of assistance of the child, a sibling, or another child in the household, family, or care of the alleged abuser or neglector;
7. the status of any case involving the child that was open at the time of the fatality or near fatality;
8. a summary of the facts of the fatality or near fatality, including the date of the fatality or near fatality and, in the case of a fatality, the cause of death reported by the medical examiner; and
9. any information concerning the circumstances of the alleged child abuse or neglect and the investigation of the circumstances, if the local director or the Secretary determines that the disclosure is consistent with the public interest.

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