LegalFix

§ 1-212. Written consent

MD Human Svs Code § 1-212 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a)    Except where the consent of the person in interest is not required by law, a public agency may disclose information or records under § 1–210 of this subtitle only after obtaining written consent from:

(1)    the person in interest; or

(2)    another individual authorized to give consent under subsection (b) of this section.

(b)    (1)    For the purposes of this subsection, a person in interest is considered not reasonably available if:

(i)    after reasonable oral or written inquiry, the requesting public agency is unaware of the existence of a person in interest;

(ii)    after reasonable inquiry, the requesting public agency cannot determine the location of a person in interest; or

(iii)    after reasonable efforts by the requesting public agency to contact the person in interest, the person in interest has not responded in a timely manner, taking into account the needs of the minor for whom services are to be provided.

(2)    If the person in interest is not reasonably available to give written consent, the following persons, not listed in order of priority, may consent in writing to the release of information or records regarding a minor:

(i)    an adult who is acting as the parent of a minor, not including a teacher or a baby–sitter;

(ii)    a court that has jurisdiction over an action affecting the parent–child relationship of which the minor is the subject; or

(iii)    the Maryland Department of Health, the Department of Juvenile Services, or a local department of social services, that has the care and custody of a minor.

(3)    A person authorized to consent to the release of information or records under paragraph (2) of this subsection shall confirm in writing that the person in interest is not reasonably available.

(4)    The public agency releasing the information shall include the written confirmation in the record from which the information is released.

(c)    (1)    This subsection applies:

(i)    notwithstanding any other State law; and

(ii)    if disclosure is not prohibited by federal law.

(2)    Without the consent of the person in interest, a public agency may disclose to the Children’s Cabinet:

(i)    the name, address, date of birth, race, and sex of children receiving services; and

(ii)    the types, dates, and duration of services provided to children by State and local agencies.

(3)    The Children’s Cabinet may use information disclosed under paragraph (2) of this subsection only for planning, budgeting, evaluation, and analysis.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.