At the request of several of my readers I am including specific information related to recent articles from this past week. I am not a lawyer and this information is NOT intended as legal advice. Please view The Child Welfare Information Gateway for additional information or seek council from a legal professional.
(Information from https://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch)
Maryland
Child Abuse and Neglect - Clergy as Mandatory Reporters of Child Abuse and Neglect
Citation: Md. Code Ann. Fam. Law § 5-705(a)(1), (a)(3) (LexisNexis through 2009 Reg. Sess.)
Except as provided below, notwithstanding any other provision of law, including a law on privileged communications, a person 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 notify the local department or the appropriate law enforcement agency.
A minister of the gospel, clergy member, or priest of an established church of any denomination is not required to provide notice [when they have reason to believe that a child has been subjected to abuse or neglect] if the notice would disclose matter in relation to any communication that is protected by the clergy-penitent privilege and:
• The communication was made to the minister, clergy member, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergy member, or priest belongs.
• The minister, clergy member, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
Mandatory Reporters of Child Abuse and Neglect - Reporting by Other Persons
Citation: Fam. Law § 5-705
Any other person who has reason to believe that a child has been subjected to abuse or neglect must report.
An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child's parent or guardian, who is registered as a child sex offender and, based on additional information, poses a substantial risk of sexual abuse to the child.
(Information from https://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch)
Maryland
Child Abuse and Neglect - Clergy as Mandatory Reporters of Child Abuse and Neglect
Citation: Md. Code Ann. Fam. Law § 5-705(a)(1), (a)(3) (LexisNexis through 2009 Reg. Sess.)
Except as provided below, notwithstanding any other provision of law, including a law on privileged communications, a person 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 notify the local department or the appropriate law enforcement agency.
A minister of the gospel, clergy member, or priest of an established church of any denomination is not required to provide notice [when they have reason to believe that a child has been subjected to abuse or neglect] if the notice would disclose matter in relation to any communication that is protected by the clergy-penitent privilege and:
• The communication was made to the minister, clergy member, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergy member, or priest belongs.
• The minister, clergy member, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.
Mandatory Reporters of Child Abuse and Neglect - Reporting by Other Persons
Citation: Fam. Law § 5-705
Any other person who has reason to believe that a child has been subjected to abuse or neglect must report.
An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child's parent or guardian, who is registered as a child sex offender and, based on additional information, poses a substantial risk of sexual abuse to the child.
Security at Church: The legal system in American can be very complicated and confusing. This is the reason that Lawyers spend years in school learning how to defend law and the legal system. It appears that the State of Maryland has a "catch all" law related to the mandatory reporting of child abuse and neglect even though it appears that clergy are exempt under the clergy specific legislation.
