mh/childpro.ma 98-29

Contact: David Weaver, 301-217-6530 or
        Roz Hamlett, 301-858-3995
For Immediate Release: January 28, 1998

County, State Officials 
Propose Child Protection 
Legislation       
     
     Montgomery County Executive Douglas M. Duncan today joined Maryland's Speaker
of the House Casper Taylor and Baltimore County Executive C.A. Dutch Ruppersberger in
announcing State legislation to require Maryland Courts to give primary consideration to the
safety and health of a child in cases involving the termination of parental rights.
     "The health and safety of a child should always be the number one consideration in
child welfare cases," said Duncan.  "Under current Maryland law, the interests of parents are
weighed more heavily than the protection of children.  Today, we are taking a significant step
to correct this imbalance and better protect the welfare of our children."
     "The legislation places our highest priorities on the bottomline safety of Maryland
children," said Taylor.  "Children who are in need of assistance do not have the luxury of
waiting months and years before they can be placed legally in stable environments. 
Unfortunately, many of our children remain in foster care for so long that they lose any
chance of a permanent home with parents who are able to care for them properly." 
     Taylor said he would introduce the bill -- to be known as the Child Protection Act of
 1998 -- during the 1998 Maryland General Assembly, with Delegates John Hurson and 
                                 
and Thomas Dewberry, and Senators Ida Ruben and Mike Collins and Senator Barbara
Hoffman serving as co-sponsors. 
     "We need this legislation to strengthen our ability to protect children who are involved
in unstable family circumstances that require state intervention," said Ruppersberger.  "We
must do everything we can to ensure the child's well-being."
      In addition to giving paramount consideration to the well-being of the child, the
legislation contains four other key provisions:
      a rebuttable presumption that the future safety of the child is at risk if the parent has
been convicted of certain crimes of violence;        
      shortening from 24 months to 15 months the time frame during which every
reasonable effort shall be made to implement a permanent placement for children who are in
foster care;
      adding language to Maryland's adoption law about providing children with stable
homes that protect their safety and health; and  
      emphasizing outcomes over process. (For example, the child's safety and health is
paramount, and that the outcome of the parent's effort to adjust their conduct or circumstances
to protect the child's health and safety should be assessed rather than just assumed by effort
alone).
     Montgomery County Department of Health and Human Services officials began
working on the legislation following an internal review which focused on the handling of a  
                                 
child abuse case in Germantown last April.   In July, Duncan named a special advisory group
to monitor an action plan which would strengthen the County's child welfare system for
handling cases involving child abuse and neglect.  
     In addition to drafting this legislation, officials have also implemented other changes,
including authorizing the hiring of 10 additional investigators (seven now hired); altering 
casework procedures to focus on the goals and progress of the child rather than the family;
increasing training for County child welfare and Montgomery County Public Schools staff to
improve communication and teamwork with known or suspected cases; and enhancing public
education outreach efforts.
     Duncan also announced that Montgomery County will co-sponsor legislation with
Baltimore County aimed at removing barriers to public disclosure of certain information
related to serious cases of child abuse.
     "Montgomery County is pleased to join Baltimore County is sponsoring legislation that
will give the public better insight into the functions of social services in severe cases of child
abuse," said Duncan.  "Dutch Ruppersberger and I agree that certain cases require a level of
accountability and responsiveness that is not presently allowed under the law." 
     A report from the Child Welfare League that examined Montgomery County's policies
and procedures on handling child welfare cases is expected to be completed in late February
1998.
                                   # # #
attachments
(1) Statement of County Execuitve Douglas M. Duncan (dated 5/1/97)
(2) Summary Report of Internal Review of Child Welfare Services (5/1/97)
(3) draft legislation 
      

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