Child Abuse & Neglect in the State of Maryland

Child abuse and neglect cases are complex and emotionally charged, often requiring legal intervention to ensure the child’s safety and well-being. The Federal Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as, at minimum:
“any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation” or “an act or failure to act which presents an imminent risk of serious harm.”

Federal legislation sets minimum standards, while states define child maltreatment through civil and criminal statutes. Civil statutes guide individuals, such as teachers or medical professionals, in identifying and reporting suspected abuse. Criminal statutes are used to prosecute offenders in criminal courts.

Child in Need of Assistance (CINA) Cases

A local department of social services may remove a child from their home if necessary to protect them from abuse or neglect. If this happens, the department will file a petition in a Child in Need of Assistance (CINA) case, alleging abuse, neglect, developmental disability, or mental disorder, coupled with the parents’ inability or unwillingness to provide proper care.

The legal process includes the following steps:

• Shelter Care Hearing: Held immediately after a child’s removal, the court decides if the child should remain in temporary out-of-home care for up to 30 days.
• Adjudicatory Hearing: Within 30 days, the court determines whether the allegations in the petition are true.
• Disposition Hearing: The court decides if the child qualifies as a “Child in Need of Assistance” and what care arrangement is best.

Potential Court Decisions

If the court finds the child is in need of assistance, it may:

• Return the child to the parents under supervision by social services.
• Order parents or the child to participate in services, such as counseling.
• Place the child in foster care, with a relative, or in a treatment facility.
• Decide on custody, visitation, support, or paternity matters.

The court holds Permanency Planning Hearings every six months to review the child’s care and work toward a long-term solution, such as reunification, permanent placement with a relative, or adoption.

Legal Support in CINA Cases

Having an experienced Maryland family law lawyer is essential in navigating the complexities of CINA cases. An attorney at The Burton Firm can protect your rights, advocate for the child’s best interests, and guide you through this difficult time.