Best Child Abuse Lawyers in Maryland

About Child Abuse Law in Maryland, United States

Child abuse in Maryland covers any act or failure to act that causes physical, emotional, or sexual harm to a child, or puts a child at substantial risk. The law defines a child as a person under the age of 18. Child abuse can take many forms, including physical injury, sexual exploitation, neglect, or emotional maltreatment. State agencies and law enforcement take reports of child abuse seriously, and there are mandatory reporting requirements for certain professionals. Allegations of child abuse may lead to investigations by Child Protective Services (CPS), court proceedings, removal of children from homes, and potential criminal charges against the accused.

Why You May Need a Lawyer

Navigating allegations or concerns regarding child abuse can be complex and stressful. You might need a lawyer for any of the following reasons:

• You have been accused of child abuse and are facing criminal or civil proceedings.
• You are a parent or guardian seeking to protect a child from suspected abuse.
• A CPS investigation is underway involving your family.
• You have been falsely accused of abuse or neglect by a spouse or another party.
• You are involved in a custody or divorce dispute where child abuse allegations have been raised.
• You are a mandatory reporter who needs guidance on how to report suspected abuse without facing liability.

Having an experienced attorney can help protect your rights, ensure a thorough and fair investigation, and provide guidance throughout potential court or administrative processes.

Local Laws Overview

Maryland laws regarding child abuse are detailed in several state statutes, primarily found in the Maryland Family Law Code Section 5-701 and following. Some key aspects include:

• Child abuse includes physical injury not caused by accidental means, sexual abuse, mental injury, and child neglect.
• Certain professionals including teachers, health care providers, and law enforcement officers are required to report suspected child abuse or neglect to the authorities immediately.
• Child Protective Services (CPS), part of the Department of Human Services, is responsible for receiving and investigating reports of child abuse.
• Failure to report suspected abuse can result in criminal penalties for mandatory reporters.
• Once reported, a thorough investigation is conducted within specific timeframes set by law, and findings can result in court involvement or interventions to protect the child.
• Maryland courts can issue protective orders, place children in foster care, or terminate parental rights if abuse is substantiated and the child’s safety is at risk.
• Being accused or convicted of child abuse can have long-term consequences including loss of custody, criminal penalties, and mandatory registration (in specific sexual abuse cases).

Frequently Asked Questions

What is considered child abuse under Maryland law?

Child abuse in Maryland includes physical injury, sexual abuse or molestation, mental injury, and neglect that harms or poses a risk of harm to a child under 18. This can occur through an act or failure to act by a parent, guardian, or another person responsible for the child’s welfare.

Who is required to report child abuse in Maryland?

Mandatory reporters include health care practitioners, educators, law enforcement personnel, social workers, and others who have regular contact with children. They must report suspected abuse or neglect to local social services or law enforcement immediately.

What happens after a report of child abuse is made?

A report initiates an investigation by Child Protective Services. CPS must decide if the report warrants further action, including a home visit, interviews with the child and family, and possibly working with police. Depending on their findings, CPS may provide services, petition the court for protective orders, or close the case as unsubstantiated.

Can someone be arrested for child abuse based only on an accusation?

An arrest can occur if there is probable cause to believe abuse occurred. However, all cases are evaluated based on evidence, and the accused is presumed innocent unless proven otherwise. Legal counsel is crucial in these situations.

What are the penalties for child abuse in Maryland?

Penalties vary based on the severity of the abuse. Conviction for felony child abuse may lead to lengthy prison sentences, fines, loss of parental rights, and mandatory registration for certain sex offenses.

What are the defenses to accusations of child abuse?

Defenses may include showing the injury was accidental, the accusations are false or mistaken, or the conduct did not meet the legal definition of abuse. An attorney can help build a defense based on the circumstances.

How can I request a protective order for a child?

Protective orders can be requested through the local circuit court or district court. An attorney or victim advocate can assist with the paperwork and represent you in court hearings.

What rights do parents have during a CPS investigation?

Parents have the right to be informed of allegations, seek legal counsel, and contest the findings in court. They also have the right to refuse entry to their home unless CPS has a court order or believes a child is at immediate risk.

Can a false accusation of child abuse be expunged from my record?

If you are cleared of abuse allegations or charges are dropped, you may be eligible to have records expunged. Legal assistance can help guide you through the expungement process.

What support is available for children who are victims of abuse?

Support may include counseling, placement with relatives or foster care, and access to medical and psychological services. The state and local agencies also coordinate with non-profit organizations to ensure comprehensive care.

Additional Resources

Several Maryland agencies and organizations provide information, reporting hotlines, and support for those involved in child abuse cases:

• Maryland Department of Human Services - Child Protective Services
• Maryland Courts - Family Law Administration Offices
• Maryland Coalition Against Sexual Assault
• Maryland Legal Aid
• National Child Abuse Hotline
• Local law enforcement agencies

These resources can connect families with crisis intervention, legal assistance, and advocacy support.

Next Steps

If you or someone you know is dealing with a child abuse situation in Maryland, it is important to act quickly. If the child is in immediate danger, call 911. For non-emergency legal concerns:

• Consider consulting a lawyer who specializes in child welfare, family law, or criminal defense in Maryland.
• Gather any documentation related to the situation, such as medical reports, communication records, or court documents.
• Contact local Child Protective Services to learn more about processes and your rights.
• Utilize support agencies for counseling and advocacy throughout the legal process.
• Take notes on all interactions with authorities or agencies regarding your case for reference.

Legal matters involving child abuse are time sensitive and emotionally charged. Retaining legal counsel early can ensure your rights and the safety of the child are protected throughout the investigation and any resulting legal proceedings.