Sec. 07.02.07.03. Eligibility for a CPS Response

A. Without regard to economic circumstances, the following individuals are eligible for a CPS response:

(1) An alleged victim;

(2) An alleged maltreator; and

(3) Household and family members of the alleged victim.

B. Alternative Response. Reports that are eligible for an alternative response include:

(1) A report of child neglect involving a disabled infant with a life-threatening condition from whom medically indicated treatment, as defined by 42 U.S.C.§5106g, has been withheld; and

(2) A report of child abuse or neglect that appears to pose a low risk of harm to a child.

C. Investigation.

(1) A report that is not assigned for an alternative response shall be assigned for an investigation.

(2) Reports that are not eligible for an alternative response and must be investigated are:

(a) Reports of sexual abuse;

(b) Reports of child abuse or neglect occurring in an out-of-home placement;

(c) Reports resulting in death, mental injury, or a serious physical injury; and

(d) Reports in which the alleged maltreator has:

(i) Been identified as responsible for child abuse or neglect in the previous 3 years;

(ii) Had a report assigned for an alternative response within the previous 12 months; or

(iii) Had two reports assigned for an alternative response within the previous 24 months.

D. Reassignment.

(1) With a CPS supervisor’s approval, a report assigned for an alternative response may be reassigned at any time for an immediate investigation if:

(a) The case satisfies a criterion in §C of this regulation or fails to satisfy the criteria in §B of this regulation;

(b) A family is unable or has refused to participate in the alternative response assessment; or

(c) Other factors or circumstances indicate the family is inappropriate for an alternative response.

(2) With a CPS supervisor’s approval, a report assigned for an investigation may be reassigned for an alternative response at any time if:

(a) The case satisfies a criterion in §B of this regulation and does not satisfy the criteria in §C of this regulation; and

(b) Accepted services would address all issues of risk of child abuse or neglect and child safety.

E. As required by COMAR 07.02.04.04E, if a parent, guardian, or custodian is unwilling to sign a statement acknowledging receipt of written information about CPS responses on the form prescribed by the Administration, the local department shall document the refusal and sign the form.