Section 10-705 - Abuse prohibited. - Maryland Statutes

§ 10-705. Abuse prohibited.
 

(a)  "Abuse" defined.-  

(1) In this section, "abuse" means cruel or inhumane treatment that causes: 

(i) Any physical injury; or 

(ii) Any of the following kinds of sexual abuse: 

1. A sexual act, as defined in § 3-301 of the Criminal Law Article. 

2. Sexual contact, as defined in § 3-301 of the Criminal Law Article. 

3. Vaginal intercourse, as defined in § 3-301 of the Criminal Law Article. 

(2) In this section, "abuse" does not include the performance of an accepted medical procedure that a physician orders in a manner that is consistent with the provisions of this subtitle. 

(b)  Report of alleged abuse.-  

(1) A person who believes that an individual in a facility has been abused shall promptly report the alleged abuse to: 

(i) An appropriate law enforcement agency; or 

(ii) The administrative head of the facility, who promptly shall report the alleged abuse to an appropriate law enforcement agency. 

(2) A report: 

(i) May be oral or written; and 

(ii) Shall contain as much information as the reporter is able to provide. 

(c)  Investigation.-  

(1) The law enforcement agency shall: 

(i) Investigate thoroughly each report of an alleged abuse; and 

(ii) Attempt to insure the protection of the alleged victim. 

(2) The investigation shall include: 

(i) A determination of the nature, extent, and cause of the abuse, if any; 

(ii) The identity of the alleged abuser; and 

(iii) Any other pertinent fact or matter. 

(d)  Report of law enforcement agency.- As soon as possible, but no later than 10 working days after the completion of the investigation, the law enforcement agency shall submit a written report of its findings to the State's Attorney and the administrative head of the facility. 

(e)  Immunity from civil liability.- A person shall have the immunity from liability described under § 5-626 of the Courts and Judicial Proceedings Article for: 

(1) Making a report under this section; 

(2) Participating in an investigation arising out of a report under this section; or 

(3) Participating in a judicial proceeding arising out of a report under this section. 
 

[An. Code 1957, art. 59, § 52A; 1982, ch. 21, § 2; ch. 570; 1983, ch. 405, § 2; 1990, ch. 546, § 3; 1997, ch. 14, § 20; 2002, ch. 213, § 6.]