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New Child Neglect Law Takes Effect

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New Child Neglect Law Takes Effect FALL EDITION | 2011 5750 Executive Drive, Suite 100 • Baltimore, MD 21228-1979 410.788.1066 in Baltimore / 800.867.6776 (MD only) e-mail: [email protected] • Web: www.nasw-md.org FAX: 410.747.0635 NASW-MD, through advocacy, education and collaboration with diverse stakeholders and guided by its Code of Ethics will: Promote social justice, promote the social work profession, support professional development of social workers and advance professional social work standards. New Child Neglect Law Takes Effect BY DAPHNE MCCLELLAN failure to provide necessary assistance and resources for the physical needs or men- uring the 2011 session of the tal health of a minor when the failure is General Assembly Maryland be- due solely to a lack of financial resources or Dcame the last state in the Union to homelessness. criminalize intentional child neglect. The How does this law affect you, the social “Child Neglect Bill” (HB 162/SB 178) worker? In addition to amending the crim- was signed by Gov. O’Malley in May and inal law statutes, the new law amended the went into effect on October 1. Family Law statutes: section 5-704 and Section 3-602.1 of Maryland Criminal 5-705. The law now states that “notwith- Law was amended to create a misdemeanor standing any other provision of law, in- of Child Neglect. It states “a parent, fam- cluding any law on privileged communica- ily member, household member, or other tions, each health practitioner (that is you), person who has permanent or temporary police officer, educator, or human service care or custody or responsibility for the su- worker, acting in a professional capacity in pervision of a minor may not neglect the this State: who has reason to believe that a minor. A person who violates this section child has been subjected to abuse or neglect, ate law enforcement agency. If you have 1) the name, age, and home address of the is guilty of the misdemeanor of child ne- shall notify the local department or the ap- reason to believe that the child was sub- child; glect and on conviction is subject to im- propriate law enforcement agency and if jected to neglect, this verbal report must 2) the name and home address of the prisonment not exceeding 5 years or a fine acting as a staff member of a hospital, pub- be made to the local department (of DSS). child’s parent or other person who is not exceeding $5,000 or both.” Neglect is lic health agency, child care institution, ju- The verbal report must be followed by a responsible for the child’s care; defined as the "intentional failure to pro- venile detention center, school, or similar “written report within 48 hours after the 3) the whereabouts of the child; vide necessary assistance and resources for institution, shall immediately notify and contact, examination, attention, or treat- 4) the nature and extent of the abuse or the physical needs or mental health of a mi- give all information required by this sec- ment that caused the individual to believe neglect of the child, including any evi- nor that creates a substantial risk of harm to tion to the head of the institution or the the minor’s physical health or a substantial designee of the head.” that the child had been subjected to abuse dence or information available to the risk of mental injury to the minor." Men- The law goes on to specify that an in- or neglect; and if the individual has reason reporter concerning possible previous tal injury is defined as the "substantial im- dividual who notifies the appropriate au- to believe that the child has been subjected instances of abuse or neglect; and pairment of a minor’s mental or psycholog- thorities under this act shall make an oral to abuse a copy of the written report must 5) any other information that would help ical ability to function." report, by telephone or direct communica- also be sent to the local State’s Attorney.” to determine: A caveat was included in the law which tion as soon as possible. If you have reason The law goes on to state that “insofar as i) the cause of the suspected abuse or states that “neglect” does not include the to believe that the child was subjected to is reasonably possible, an individual who neglect; and abuse this verbal report must be made to makes a report shall include in the report ii) the identity of any individual the local department (of DSS) or appropri- the following information: responsible for the abuse or neglect.” L H S ia R E RU T ma PAID ease L UM School of Social Work Celebrates 50 ed P Permit #5507Permit Baltimore, MD T U.S. POSTAGE Non-Profit Org. da Years Promoting Peace and Justice for All This article was provided by University of tional Association for the Advancement of to the University community and to the Maryland School of Social Work Communica- Colored People. School’s more than 12,000 alumni. On tions Department The keynote speech was followed by a Nov. 9, the Second Annual Modell Sym- rom modest beginnings in a ware- panel discussion moderated by Michael posium on Domestic Violence will feature house to its present status among Reisch, PhD, MSW, MA, the SSW Daniel activist and actor Victor Rivera Rivers and the nation’s top 20 schools of social Thursz Distinguished Professor of So- Katie O’Malley, JD, Maryland’s first F cial Justice. Other speakers includ- lady and a Baltimore City District work, the University of Maryland School of Social Work (SSW) has reached its 50th ed SSW Dean Richard P. Barth, Court judge. anniversary and held the first in a series of PhD, MSW, and Dan Rodricks, On Dec. 1, the 2011 Fall celebratory events on September 24. host of Midday Live on WYPR- Thursz Lecture on Social Jus- A unifying theme for the activities is FM and a columnist for The Bal- tice will address “Why Pover- the School’s vision to help bring “Peace timore Sun. ty Undermines Justice in Amer- and Justice for All,” through teaching, re- The afternoon concluded with ica.” That lecture will be delivered search, and practice. The series opened eight concurrent sessions with topics rang- by Mark Rank, PhD, MSW, the Herbert with September 24th’s daylong sympo- ing from Children and Family Well-Being S. Hadley Professor of Social Welfare at sium, “Bending the Arc toward Justice,” to Healthy and Safe Communities. the George Warren Brown School of So- which featured remarks by Benjamin Jeal- The anniversary will be marked by an cial Work at Washington University in St. additional five academic events of interest National Association of Social Workers Maryland Chapter Suite 100 5750 Executive Drive, MD 21228 Baltimore, ous, MSc, president and CEO of the Na- UM ANNIVERSARY Continued on page 4 Page 2 The Maryland Social Worker FALL EDITION | 2011 these are uncertain times—and in trying pense of all else my credo. As a professional times, I have always been taught that one in the world, I am invested in a profession must re-examine what one’s foundation is that is grounded in helping others and I be- President’s and what one’s guiding principles are. In lieve that will stand the test of time. finance, politics, and in several other pro- Enjoy this edition of The Maryland So- NASW-MD Board of Directors Report fessions, these very guiding principles are cial Worker. Join us directly, if you feel so being questioned by those who are in those moved. Interesting times are immediately By Tyler Betz areas. As social workers, we have a code ahead- shifts in the structure of service de- TyLER BETZ of ethics that provides us with a paradigm livery that promise to affect social workers President from which we will apply our passions and in the state of Maryland. Help us repre- skills. This paradigm, outlined at the very sent social workers in light of the (impend- opening of the text, reads: The following ing?) changes in the way that mental health DEBRA HAMMEN broad ethical principles are based on social work’s and addiction services are delivered in our Working for You President Elect core values of service, social justice, dignity and state. Get involved in advocacy at the state worth of the person, importance of human rela- capitol, testify for a bill. Perhaps work with elcome to the fall edition of The tionships, integrity, and competence. These prin- your branch representative to network so- Maryland Social Worker. Within MIKE LUGINBILL ciples set forth ideals to which all social workers cial workers in your area. We have had in- these pages, you will find some W should aspire. The code goes on to articulate creasing interest in social workers wanting Vice President enlightening reading including a summary each of these core values—and there we to write an article for this paper—that is of our recent NASW-MD board leadership have the core of our profession. exciting. Contact the chapter office if you ANNA WILLIAMS retreat; an overview of the just-past clinical With the code under my arm, I continue would like to become involved. conference; a recognition of the University to be proud to be a social worker. Of course In closing, please know that the chap- Treasurer of Maryland School of Social Work’s 50th the need to make money is present- the way ter office is working for you, and enjoy the anniversary; and other fine writing. of the world today- but I know that the dol- reading.
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