Maryland
| Code | Subject Matter |
| Judicial Code § 3-802 | Juvenile Causes -- Children In Need Of Assistance: Purposes and construction of subtitle |
| Judicial Code § 3-827 | Juvenile Causes -- Children In Need Of Assistance: Confidentiality of records |
| Judicial Code § 3-8A-01 | Juvenile Causes -- Children Other Than Cinas And Adults: Definitions |
| Judicial Code § 3-8A-02 | Juvenile Causes -- Children Other Than Cinas And Adults: Purposes and construction of subtitle |
| Judicial Code § 3-8A-03 | Juvenile Causes -- Children Other Than Cinas And Adults: Jurisdiction of court |
| Judicial Code § 3-8A-27 | Juvenile Causes -- Children Other Than Cinas And Adults: Confidentiality of records |
| Maryland Rule 11-121 | Juvenile Causes -- Court records -- Confidentiality |
| Ed Code § 7-302 | Attendance and Discipline of Students: Report of absences and maladjustment |
| Ed Code § 7-303 | Attendance and Discipline of Students: Arrest for reportable offense |
COURTS AND JUDICIAL PROCEEDINGS
TITLE 3. COURTS OF GENERAL JURISDICTION -- JURISDICTION/SPECIAL CAUSES
OF ACTION
SUBTITLE 8. JUVENILE CAUSES -- CHILDREN IN NEED OF ASSISTANCE.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-802 (2009)
§ 3-802. Purposes and construction of subtitle
(a) Purposes. -- The purposes of this subtitle are:
(1) To provide for the care, protection, safety, and mental and physical development of any child coming within the provisions of this subtitle;
(2) To provide for a program of services and treatment consistent with the child's best interests and the promotion of the public interest;
(3) To conserve and strengthen the child's family ties and to separate a child from the child's parents only when necessary for the child's welfare;
(4) To hold parents of children found to be in need of assistance responsible for remedying the circumstances that required the court's intervention;
(5) Except as otherwise provided by law, to hold the local department responsible for providing services to assist the parents with remedying the circumstances that required the court's intervention;
(6) If necessary to remove a child from the child's home, to secure for the child custody, care, and discipline as nearly as possible equivalent to that which the child's parents should have given;
(7) To achieve a timely, permanent placement for the child consistent with the child's best interests; and
(8) To provide judicial procedures for carrying out the provisions of this subtitle.
(b) Construction. -- This subtitle shall be construed liberally to effectuate these purposes.
(c) Services by local department. --
(1) In all judicial proceedings conducted in accordance with this subtitle or § 5-326 of the Family Law Article, the court may direct the local department to provide services to a child, the child's family, or the child's caregiver to the extent that the local department is authorized under State law.
(2) The court shall exercise the authority described in paragraph (1) of this subsection to protect and advance a child's best interests.
COURTS AND JUDICIAL PROCEEDINGS
TITLE 3. COURTS OF GENERAL JURISDICTION -- JURISDICTION/SPECIAL CAUSES
OF ACTION
SUBTITLE 8. JUVENILE CAUSES -- CHILDREN IN NEED OF ASSISTANCE.
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-827 (2009)
§ 3-827. Confidentiality of records [Amendment subject to abrogation].
(a) In general. --
(1) All court records under this subtitle pertaining to a child shall be confidential and their contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.
(2) This subsection does not prohibit review of a court record by:
(i) Personnel of the court;
(ii) A party;
(iii) Counsel for a party;
(iv) A Court-Appointed Special Advocate for the child;
(v) Authorized personnel of the Social Services Administration and local departments in order to conduct a child abuse or neglect investigation or to comply with requirements imposed under Title IV-E of the Social Security Act; or
(vi) The Baltimore City Health Department:
1. If the Baltimore City Health Department is providing treatment or care to a child who is the subject of the record, for a purpose relevant to the provision of the treatment or care;
2. If the record concerns a child convicted of a crime or adjudicated delinquent for an act that caused a death or near fatality; or
3. If the record concerns a victim of a crime of violence, as defined in § 14-101 of the Criminal Law Article, who is a child residing in Baltimore City for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City.
(3) Information obtained from a court record is subject to the provisions of §§ 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.
(4) (i) The Baltimore City Health Department shall be liable for the unauthorized release of a court record under this subsection.
(ii) Within 180 days after the Baltimore City Health Department reviews a court record under this subsection, the Baltimore City Health Department shall submit a report to the court detailing the purposes for which the record was used.
(b) Sealing of court records. --
(1) On its own motion or on petition, and for good cause shown, the court:
(i) May order the court records of a child sealed; and
(ii) Shall order them sealed after the child has reached the age of 21.
(2) If sealed, the court records of a child may not be opened, for any purpose, except by order of the court on good cause shown.
COURTS AND JUDICIAL PROCEEDINGS
TITLE 3. COURTS OF GENERAL JURISDICTION -- JURISDICTION/SPECIAL CAUSES
OF ACTION
SUBTITLE 8A. JUVENILE CAUSES -- CHILDREN OTHER THAN CINAS AND ADULTS
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-8A-01 (2009)
(a) In general. -- In this subtitle the following words have the meanings indicated, unless the context of their use indicates otherwise.
(b) Adjudicatory hearing. -- "Adjudicatory hearing" means a hearing under this subtitle to determine whether the allegations in the petition, other than allegations that the child requires treatment, guidance, or rehabilitation, are true.
(c) Adult. -- "Adult" means an individual who is at least 18 years old.
(d) Child. -- "Child" means an individual under the age of 18 years.
(e) Child in need of supervision. -- "Child in need of supervision" is a child who requires guidance, treatment, or rehabilitation and:
(1) Is required by law to attend school and is habitually truant;
(2) Is habitually disobedient, ungovernable, and beyond the control of the person having custody of him;
(3) Deports himself so as to injure or endanger himself or others; or
(4) Has committed an offense applicable only to children.
(f) Citation. -- "Citation" means the written form issued by a police officer which serves as the initial pleading against a child for a violation and which is adequate process to give the court jurisdiction over the person cited.
(g) Commit. -- "Commit" means to transfer legal custody.
(h) Community detention. --
(1) "Community detention" means a program monitored by the Department of Juvenile Services in which a delinquent child or a child alleged to be delinquent is placed in the home of a parent, guardian, custodian, or other fit person, or in shelter care, as a condition of probation or as an alternative to detention.
(2) "Community detention" includes electronic monitoring.
(i) Competency hearing. -- "Competency hearing" means a hearing under this subtitle to determine whether a child alleged to be delinquent is mentally competent to participate in a waiver hearing under § 3-8A-06 of this subtitle, an adjudicatory hearing under § 3-8A-18 of this subtitle, a disposition hearing under § 3-8A-19 of this subtitle, or a violation of probation hearing.
(j) Court. -- "Court" means the circuit court for a county sitting as the juvenile court.
(k) Custodian. -- "Custodian" means a person or agency to whom legal custody of a child has been given by order of the court, other than the child's parent or legal guardian.
(l) Delinquent act. -- "Delinquent act" means an act which would be a crime if committed by an adult.
(m) Delinquent child. -- "Delinquent child" is a child who has committed a delinquent act and requires guidance, treatment, or rehabilitation.
(n) Detention. -- "Detention" means the temporary care of children who, pending court disposition, require secure custody for the protection of themselves or the community, in physically restricting facilities.
(o) Developmental disability. -- "Developmental disability" means a severe chronic disability of a child that:
(1) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;
(2) Is likely to continue indefinitely;
(3) Results in an inability to live independently without external support or continuing and regular assistance; and
(4) Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated for the child.
(p) Disposition hearing. -- "Disposition hearing" means a hearing under this subtitle to determine:
(1) Whether a child needs or requires guidance, treatment, or rehabilitation; and if so
(2) The nature of the guidance, treatment, or rehabilitation.
(q) Incompetent to proceed. -- "Incompetent to proceed" means that a child is not able to:
(1) Understand the nature or object of the proceeding; or
(2) Assist in the child's defense.
(r) Intake officer. -- "Intake officer" means the person assigned to the court by the Department of Juvenile Services to provide the intake services set forth in this subtitle.
(s) Mental disorder. --
(1) "Mental disorder" means a behavioral or emotional illness that results from a psychiatric or neurological disorder.
(2) "Mental disorder" includes a mental illness that so substantially impairs the mental or emotional functioning of a child as to make care or treatment necessary or advisable for the welfare of the child or for the safety of the child or property of another.
(3) "Mental disorder" does not include mental retardation.
(t) Mental retardation. -- "Mental retardation" means a developmental disability that is evidenced by intellectual functioning that is significantly below average and impairment in the adaptive behavior of a child.
(u) Mentally handicapped child. -- "Mentally handicapped child" means a child who is or may be mentally retarded or mentally ill.
(v) Party. -- "Party" includes a child who is the subject of a petition or a peace order request, the child's parent, guardian, or custodian, the petitioner and an adult who is charged under § 3-8A-30 of this subtitle.
(w) Peace order proceeding. -- "Peace order proceeding" means a proceeding under § 3-8A-19.2 or § 3-8A-19.4 of this subtitle.
(x) Peace order request. -- "Peace order request" means the initial pleading filed with the court under § 3-8A-19.1 of this subtitle.
(y) Petition. -- "Petition" means the pleading filed with the court under § 3-8A-13 of this subtitle alleging that a child is a delinquent child or a child in need of supervision or that an adult violated § 3-8A-30 of this subtitle.
(z) Qualified expert. -- "Qualified expert" means a licensed psychologist or licensed psychiatrist who:
(1) Has expertise in child development, with training in the forensic evaluation of children, as approved by the Secretary of Health and Mental Hygiene;
(2) Is familiar with the competency standards contained in this subtitle; and
(3) Is familiar with the treatment, training, and restoration programs for children that are available in this State.
(aa) Respondent. -- "Respondent" means the individual against whom a petition or a peace order request is filed.
(bb) Shelter care. --
(1) "Shelter care" means the temporary care of children in physically unrestricting facilities.
(2) "Shelter care" does not mean care in a State mental health facility.
(cc) Victim. --
(1) "Victim" means:
(i) A person who suffers direct or threatened physical, emotional, or financial harm as a result of a delinquent act; or
(ii) An individual against whom an act specified in § 3-8A-19.1(b) of this subtitle is committed or alleged to have been committed.
(2) "Victim" includes a family member of a minor, disabled, or a deceased victim.
(3) "Victim" includes, if the victim is not an individual, the victim's agent or designee.
(dd) Violation. -- "Violation" means a violation for which a citation is issued under:
(1) § 10-113, § 10-114, § 10-115, or § 10-116 of the Criminal Law Article;
(2) § 10-108 of the Criminal Law Article; or
(3) § 26-103 of the Education Article.
(ee) Witness. -- "Witness" means any person who is or expects to be a State's witness.
§ 3-8A-02. Purposes and construction of subtitle
(a) Purposes of subtitle. -- The purposes of this subtitle are:
(1) To ensure that the Juvenile Justice System balances the following objectives for children who have committed delinquent acts:
(i) Public safety and the protection of the community;
(ii) Accountability of the child to the victim and the community for offenses committed; and
(iii) Competency and character development to assist children in becoming responsible and productive members of society;
(2) To hold parents of children found to be delinquent responsible for the child's behavior and accountable to the victim and the community;
(3) To hold parents of children found to be delinquent or in need of supervision responsible, where possible, for remedying the circumstances that required the court's intervention;
(4) To provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this subtitle; and to provide for a program of treatment, training, and rehabilitation consistent with the child's best interests and the protection of the public interest;
(5) To conserve and strengthen the child's family ties and to separate a child from his parents only when necessary for his welfare or in the interest of public safety;
(6) If necessary to remove a child from his home, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents;
(7) To provide to children in State care and custody:
(i) A safe, humane, and caring environment; and
(ii) Access to required services; and
(8) To provide judicial procedures for carrying out the provisions of this subtitle.
(b) Construction of subtitle. -- This subtitle shall be liberally construed to effectuate these purposes.
§ 3-8A-03. Jurisdiction of court
(a) Child alleged to be delinquent, in need of supervision or with citation for violation; termination of parental rights; peace order proceedings; Interstate Compact on Juveniles. -- In addition to the jurisdiction specified in Subtitle 8 of this title, the court has exclusive original jurisdiction over:
(1) A child who is alleged to be delinquent or in need of supervision or who has received a citation for a violation;
(2) Except as provided in subsection (d)(6) of this section, a peace order proceeding in which the respondent is a child; and
(3) Proceedings arising under the Interstate Compact on Juveniles.
(b) Proceedings pursuant to § 3-8A-30 of this subtitle. -- The court has concurrent jurisdiction over proceedings against an adult for the violation of § 3-8A-30 of this subtitle. However, the court may waive its jurisdiction under this subsection upon its own motion or upon the motion of any party to the proceeding, if charges against the adult arising from the same incident are pending in the criminal court. Upon motion by either the State's Attorney or the adult charged under § 3-8A-30 of this subtitle, the court shall waive its jurisdiction, and the adult shall be tried in the criminal court according to the usual criminal procedure.
(c) Criminal cases under compulsory public school attendance laws. -- The jurisdiction of the court is concurrent with that of the District Court in any criminal case arising under the compulsory public school attendance laws of this State.
(d) Limitations. -- The court does not have jurisdiction over:
(1) A child at least 14 years old alleged to have done an act which, if committed by an adult, would be a crime punishable by death or life imprisonment, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article;
(2) A child at least 16 years old alleged to have done an act in violation of any provision of the Transportation Article or other traffic law or ordinance, except an act that prescribes a penalty of incarceration;
(3) A child at least 16 years old alleged to have done an act in violation of any provision of law, rule, or regulation governing the use or operation of a boat, except an act that prescribes a penalty of incarceration;
(4) A child at least 16 years old alleged to have committed any of the following crimes, as well as all other charges against the child arising out of the same incident, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article:
(i) Abduction;
(ii) Kidnapping;
(iii) Second degree murder;
(iv) Manslaughter, except involuntary manslaughter;
(v) Second degree rape;
(vi) Robbery under § 3-403 of the Criminal Law Article;
(vii) Second degree sexual offense under § 3-306(a)(1) of the Criminal Law Article;
(viii) Third degree sexual offense under § 3-307(a)(1) of the Criminal Law Article;
(ix) A crime in violation of § 5-133, § 5-134, § 5-138, or § 5-203 of the Public Safety Article;
(x) Using, wearing, carrying, or transporting a firearm during and in relation to a drug trafficking crime under § 5-621 of the Criminal Law Article;
(xi) Use of a firearm under § 5-622 of the Criminal Law Article;
(xii) Carjacking or armed carjacking under § 3-405 of the Criminal Law Article;
(xiii) Assault in the first degree under § 3-202 of the Criminal Law Article;
(xiv) Attempted murder in the second degree under § 2-206 of the Criminal Law Article;
(xv) Attempted rape in the second degree under § 3-310 of the Criminal Law Article or attempted sexual offense in the second degree under § 3-312 of the Criminal Law Article;
(xvi) Attempted robbery under § 3-403 of the Criminal Law Article; or
(xvii) A violation of § 4-203, § 4-204, § 4-404, or § 4-405 of the Criminal Law Article;
(5) A child who previously has been convicted as an adult of a felony and is subsequently alleged to have committed an act that would be a felony if committed by an adult, unless an order removing the proceeding to the court has been filed under § 4-202 of the Criminal Procedure Article; or
(6) A peace order proceeding in which the victim, as defined in § 3-8A-01(cc)(1)(ii) of this subtitle, is a person eligible for relief, as defined in § 4-501 of the Family Law Article.
(e) Violations of traffic laws or ordinances. -- If the child is charged with two or more violations of the Maryland Vehicle Law, another traffic law or ordinance, or the State Boat Act, allegedly arising out of the same incident and which would result in the child being brought before both the court and a court exercising criminal jurisdiction, the court has exclusive jurisdiction over all of the charges.
§ 3-8A-27. Confidentiality of records [Amendment subject to abrogation].
(a) Police records. --
(1) A police record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as otherwise provided in § 7-303 of the Education Article.
(2) This subsection does not prohibit:
(i) Access to and confidential use of the record by the Department of Juvenile Services or in the investigation and prosecution of the child by any law enforcement agency;
(ii) Access to and confidential use of the record by the Baltimore City Health Department:
1. If the Baltimore City Health Department is providing treatment or care to a child who is the subject of the record, for a purpose relevant to the provision of the treatment or care;
2. If the record concerns a child convicted of a crime or adjudicated delinquent for an act that caused a death or near fatality; or
3. If the record concerns a victim of a crime of violence, as defined in § 14-101 of the Criminal Law Article, who is a child residing in Baltimore City for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City;
(iii) A law enforcement agency of the State or of a political subdivision of the State, the Department of Juvenile Services, or the criminal justice information system from including in the law enforcement computer information system information about an outstanding juvenile court ordered writ of attachment, for the sole purpose of apprehending a child named in the writ; or
(iv) A law enforcement agency of the State or of a political subdivision of the State from releasing to the public photographs and identifying information of a child who has escaped from a detention center for juveniles or a secure residential facility for juveniles, for the purposes of facilitating apprehension of the child and ensuring public safety.
(3) (i) The Baltimore City Health Department shall be liable for the unauthorized release of a police record under this subsection.
(ii) Within 180 days after the Baltimore City Health Department accesses a police record under this subsection, the Baltimore City Health Department shall submit a report to the law enforcement agency from which the record was received detailing the purposes for which the record was used.
(b) Court records. --
(1) A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as provided in § 7-303 of the Education Article.
(2) This subsection does not prohibit access to and the use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article in a proceeding in the court involving the child, by personnel of the court, the State's Attorney, counsel for the child, a court-appointed special advocate for the child, or authorized personnel of the Department of Juvenile Services.
(3) (i) Except as provided in subparagraph (ii) of this paragraph, this subsection does not prohibit access to and confidential use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article by the Department of Juvenile Services or in an investigation and prosecution by a law enforcement agency.
(ii) The court record or fingerprints of a child described under §§ 10-215(a)(21) and (22), 10-216, and 10-220 of the Criminal Procedure Article may not be disclosed to:
1. A federal criminal justice agency or information center; or
2. Any law enforcement agency other than a law enforcement agency of the State or a political subdivision of the State.
(4) (i) This subsection does not prohibit access to and use of a court record by a judicial officer who is authorized under the Maryland Rules to determine a defendant's eligibility for pretrial release, counsel for the defendant, or the State's Attorney if:
1. The individual who is the subject of the court record is charged as an adult with an offense;
2. The access to and use of the court record is strictly limited for the purpose of determining the defendant's eligibility for pretrial release; and
3. The court record concerns an adjudication of delinquency that occurred within 3 years of the date the individual is charged as an adult.
(ii) The Court of Appeals may adopt rules to implement the provisions of this paragraph.
(5) (i) This subsection does not prohibit access to and confidential use of a court record by the Baltimore City Health Department:
1. If the Baltimore City Health Department is providing treatment or care to a child who is the subject of the record, for a purpose relevant to the provision of the treatment or care;
2. If the record concerns a child convicted of a crime or adjudicated delinquent for an act that caused a death or near fatality; or
3. If the record concerns a victim of a crime of violence, as defined in § 14-101 of the Criminal Law Article, who is a child residing in Baltimore City for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City.
(ii) 1. The Baltimore City Health Department shall be liable for the unauthorized release of a court record under this paragraph.
2. Within 180 days after the Baltimore City Health Department accesses a court record under this paragraph, the Baltimore City Health Department shall submit a report to the court detailing the purposes for which the record was used.
(c) Sealing of court records. -- The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed, and, upon petition or on its own motion, shall order them sealed after the child has reached 21 years of age. If sealed, the court records of a child may not be opened, for any purpose, except by order of the court upon good cause shown.
(d) Access to records by the Maryland Division of Parole and Probation or the Maryland Parole Commission. -- This section does not prohibit access to or use of any juvenile record by the Maryland Division of Parole and Probation or the Maryland Parole Commission when the Division or the Commission is carrying out any of their statutory duties either at the direction of a court of competent jurisdiction, or when the Maryland Parole Commission is carrying out any of its statutory duties, if the record concerns a charge or adjudication of delinquency.
(e) Access to records by the Maryland Division of Corrections. -- This section does not prohibit access to and use of any juvenile record by the Maryland Division of Correction when the Division is carrying out any of its statutory duties if: (1) the individual to whom the record pertains is committed to the custody of the Division; and (2) the record concerns an adjudication of delinquency.
(f) Access to records for criminal justice research purposes. -- Subject to the provisions of §§ 9-219 and 9-220 of the Human Services Article, this section does not prohibit access to or use of any juvenile record for criminal justice research purposes. A record used under this subsection may not contain the name of the individual to whom the record pertains, or any other identifying information which could reveal the individual's name.
(g) Notification of victim of proceeding or other events involving defendant or child. -- This section does not prohibit a victim or victim's representative who has filed a notification request form from being notified of proceedings and events involving the defendant or child as provided in this subtitle, the Criminal Procedure Article, or the Criminal Law Article.
MARYLAND RULES
TITLE 11. JUVENILE CAUSES
Md. Rule 11-121 (2009)
Rule 11-121. Court records -- Confidentiality.
a. Sealing of records. Files and records of the court in juvenile proceedings, including the docket entries and indices, are confidential and shall not be open to inspection except by order of the court or as otherwise expressly provided by law. On termination of the court's juvenile jurisdiction, the files and records shall be sealed pursuant to Section 3-828 (c) of the Courts Article, and all index references shall be marked "sealed." If a hearing is open to the public pursuant to Code, Courts Article, § 3-812, the name of the respondent and the date, time, and location of the hearing are not confidential.
b. Unsealing of records. Sealed files and records of the court in juvenile proceedings may be unsealed and inspected only by order of the court.
EDUCATION
DIVISION II. ELEMENTARY AND SECONDARY EDUCATION
TITLE 7. PUBLIC SCHOOLS
SUBTITLE 3. ATTENDANCE AND DISCIPLINE OF STUDENTS
Md. EDUCATION Code Ann. § 7-302 (2009)
§ 7-302. Report of absences and maladjustment
(a) Immediate report required. -- The principal or head teacher of each public or private school in this State shall report immediately to the county superintendent, the supervisor of pupil personnel, or any other official designated by the county superintendent the name of each child enrolled in his school who has been absent or irregular in attendance, without lawful excuse, or who shows evidence of maladjustment, so that the causes may be studied and solutions worked out.
(b) Investigation; counseling; notice to Department of Juvenile Services. -- On receipt of a report from a principal or head teacher of a public school that a student has been habitually truant without lawful excuse, the appropriate representative of the school system:
(1) Shall initiate an investigation into the cause of the child's truancy;
(2) May provide counseling regarding the availability of social, health, and educational services; and
(3) Following the investigation or intervention:
(i) May notify the Department of Juvenile Services that the student has been habitually truant, without lawful excuse;
(ii) Shall notify the appropriate local department that the student has been habitually truant, without lawful excuse, if a court has given the notice authorized by § 3-819(b-1) of the Courts Article; and
(iii) Shall notify the Department of Juvenile Services that the student has been habitually truant, without lawful excuse, if a court has given the notice authorized by § 3-8A-19(d)(5) of the Courts Article.
(c) Student information. -- The county superintendent, the superintendent's designee, or the supervisor of pupil personnel shall provide to the local education agency for inclusion in the report of the local education agency under § 7-304(f)(1) of this subtitle information regarding the number of students identified as being habitually truant.
§ 7-303. Arrest for reportable offense
(a) Definitions. --
(1) In this section the following words have the meanings indicated.
(2) "Criminal gang" has the meaning stated in § 9-801 of the Criminal Law Article.
(3) "Law enforcement agency" means the law enforcement agencies listed in § 3-101(e) of the Public Safety Article.
(4) "Local school system" means the schools and school programs under the supervision of the local superintendent.
(5) "Local superintendent" means:
(i) The county superintendent, for the county in which a student is enrolled, or a designee of the superintendent, who is an administrator; or
(ii) The superintendent of schools for the:
1. Archdiocese of Baltimore;
2. Archdiocese of Washington; and
3. Catholic Diocese of Wilmington.
(6) "Nonpublic school principal" means the principal of the nonpublic school in which a student is enrolled, or a designee of the principal, who is an administrator.
(7) "Reportable offense" means:
(i) A crime of violence, as defined in § 14-101 of the Criminal Law Article;
(ii) Any of the offenses enumerated in § 3-8A-03(d)(4) of the Courts Article;
(iii) A violation of § 4-101, § 4-102, § 4-203, or § 4-204 of the Criminal Law Article;
(iv) A violation of §§ 5-602 through 5-609, §§ 5-612 through 5-614, § 5-617, § 5-618, § 5-627, or § 5-628 of the Criminal Law Article;
(v) A violation of § 4-503, § 9-504, or § 9-505 of the Criminal Law Article;
(vi) A violation of § 6-102, § 6-103, § 6-104, or § 6-105 of the Criminal Law Article; or
(vii) A violation of § 9-802 or § 9-803 of the Criminal Law Article.
(8) "Student" means an individual enrolled in a public school system or nonpublic school in the State who is 5 years of age or older and under 22 years of age.
(b) Notification of local superintendent or nonpublic school principal -- Arrest and charges. -- If a student is arrested for a reportable offense or an offense that is related to the student's membership in a criminal gang, the law enforcement agency making the arrest shall notify either the local superintendent or the nonpublic school principal of the arrest and the charges within 24 hours of the arrest or as soon as practicable.
(c) Notification of local superindendent or nonpublic school principal -- Disposition. -- The State's Attorney shall promptly notify either the local superintendent or the nonpublic school principal of the disposition of the reportable offense required to be reported under subsection (b) of this section.
(d) Information confidential. -- Except by order of a juvenile court or other court upon good cause shown, the information obtained by a local superintendent or nonpublic school principal pursuant to subsections (b) and (c) of this section:
(1) Is confidential and may not be redisclosed by subpoena or otherwise except as provided pursuant to subsections (e) and (f) of this section; and
(2) May not be made part of the student's permanent educational record.
(e) Information confidential -- Exception. --
(1) Notwithstanding the provisions of subsection (d) of this section, nothing shall prohibit a local superintendent or nonpublic school principal from transmitting the information obtained pursuant to subsections (b) and (c) of this section as a confidential file to the local superintendent of another public school system in the State or another nonpublic school in the State in which the student has enrolled or been transferred in order to carry out the purposes of this section if the disposition of the reportable offense was a conviction or an adjudication of delinquency or the criminal charge or delinquency petition is still pending.
(2) A local superintendent or nonpublic school principal who transmits information about a student under this subsection shall include in the transmittal information regarding any educational programming and related services provided to the student.
(f) Regulations in limiting use of information. -- The State Board shall adopt regulations to ensure that information obtained by a local superintendent or nonpublic school principal under subsections (b), (c), and (e) of this section is:
(1) Used to provide appropriate educational programming and related services to the student and to maintain a safe and secure school environment for students and school personnel; and
(2) Transmitted only to the school principal of the school in which the student is enrolled and other school personnel necessary to carry out the purposes set forth in item (1) of this subsection.
(g) No limitation in use of other lawful information. -- Nothing in this section is intended to limit the manner in which a local school obtains information or uses information obtained by any lawful means other than that set forth in subsections (b), (c), and (e) of this section.