HB 931
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 931 (Delegate Arikan)
Judiciary Judicial Proceedings
Child Care Providers - Notice of Allegations of Child Abuse or Neglect (Aiden's
Law)
This bill requires the designee of the State Superintendent of Schools, upon receipt of
required notification regarding suspected child abuse within child care facilities, to ensure
that specified notice to parents and guardians has been provided. Family child care
providers and child care centers must provide notice to parents or guardians of all children
who are under the care of the provider/center of a report or incident of suspected
child abuse or neglect that is alleged to have occurred on the premises. The bill also
establishes additional requirements for the notice and establishes related civil penalties.
The bill takes effect July 1, 2021.
Fiscal Summary
State Effect: The Maryland State Department of Education can implement procedures to
enforce the bill’s requirements using existing resources. Potential minimal increase in civil
penalty revenues to the general fund from the bill’s penalty provisions.
Local Effect: None.
Small Business Effect: Minimal.
Analysis
Bill Summary: The notice must be provided within 24 hours after first having knowledge
of a report or an incident of suspected child abuse or neglect that is alleged to have occurred
on the premises. The required notice must be provided in writing, in person, or
electronically, and must include:
 a statement that a suspected incident of child abuse or neglect occurred on the
premises of the family child care home, large family child care home, or child care
center, as applicable;
 the contact information for the local child advocacy center; and
 any other appropriate information relating to local resources for child mental health.
A person may not provide the notice if the local department of social services or local law
enforcement agency that receives the report of suspected child abuse or neglect advises
that providing the notice would interfere with an ongoing investigation.
A person who violates the bill’s requirements is subject to a maximum civil penalty of
$500.
Current Law:
Mandatory Reporters: Health care practitioners, police officers, educators, and human
service workers who are acting in a professional capacity and who have reason to believe
that a child has been subjected to abuse or neglect, must notify the local department of
social services or the appropriate law enforcement agency.
A worker who notifies the appropriate authorities must make an oral report by telephone
or direct communication as soon as possible to the local department or the appropriate law
enforcement agency if the worker has reason to believe the child has been subjected to
abuse or neglect. A written report to the local department is required not later than 48 hours
after the contact, examination, or treatment that caused the worker to believe that the child
had been subjected to abuse or neglect. A copy of the written report must be provided to
the local State’s Attorney. An agency that receives an oral report of suspected abuse or
neglect must immediately notify the other agency.
As far as reasonably possible, a worker who makes a report must include the name, age,
and home address of the child; the name and home address of the child’s parent or other
person responsible for the child’s care; the whereabouts of the child; and the nature and
extent of the child abuse or neglect. The report must include any available evidence about
previous instances of abuse or neglect, any information that would help to determine the
cause of the suspected abuse or neglect, and the identity of any person responsible for the
abuse or neglect.
Reporting by Other Individuals: Although the term “mandatory reporters” refers only to
individuals who must report suspected child abuse or neglect because of their professional
capacity, State law generally requires all individuals to report suspected child abuse and
neglect. For example, pursuant to § 5-705 of the Family Law Article, a person other than
a health care practitioner, police officer, educator, or human service worker who has reason
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to believe that a child has been subjected to abuse or neglect must notify the local
department of social services or the appropriate law enforcement agency.
Investigation of Reports: Local departments of social services, appropriate
law enforcement agencies, the State’s Attorneys in the counties and Baltimore City, the
local department’s office responsible for child care regulation, the local health officer, and
the local child advocacy center must enter into a written agreement pertaining to standard
operating procedures for investigations of suspected abuse or neglect. A joint investigation
procedure must be implemented for conducting investigations of sexual abuse, which must
include techniques for expediting validation of sexual abuse complaints and other
techniques to decrease trauma to the child. Statutory provisions specify timeframes by
which investigations and reports must be completed.
Suspected Child Abuse within Child Care Facilities: A local department that receives a
report of suspected child abuse must notify the State Superintendent of Schools’ designee
within 48 hours if the report concerns a family child care home or large family child care
home or a child care center. Upon receipt of this notification, the designee must convene,
either in person or by telephone, a multidisciplinary team to coordinate procedures, as
specified, to be followed in investigating and otherwise responding to the report.
Additional Information
Prior Introductions: HB 1550 of 2020 received a hearing in the House Judiciary
Committee, but no further action was taken.
Designated Cross File: None.
Information Source(s): Maryland Association of County Health Officers; Montgomery
and Prince George’s counties; Maryland State Department of Education; Department of
Legislative Services
Fiscal Note History: First Reader - February 16, 2021
md/rhh Third Reader - March 22, 2021
Analysis by: Jennifer K. Botts Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 931/ Page 3


Statutes affected:
Text - First - Child Care Providers - Notice of Allegations of Child Abuse or Neglect (Aiden's Law): 13-2201 Family Law, 5-701 Family Law, 13-2201 Family Law, 5-701 Family Law, 5-704 Family Law, 5-705 Family Law, 5-705.3 Family Law
Text - Third - Child Care Providers - Notice of Allegations of Child Abuse or Neglect (Aiden's Law): 13-2201 Education, 5-701 Education, 13-2201 Education, 5-701 Education, 5-704 Family Law, 5-705 Family Law, 5-705.3 Family Law