I.B. v. FREDERICK COUNTY DEPARTMENT OF SOCIAL SERVICES
Court of Special Appeals of Maryland, Sharer, November 29, 2018,
Child Neglect (Civil) – A criminal conviction for leaving a child unattended in a confined space bars a defendant from challenging a CPS finding of indicated child neglect arising from the same facts.

Facts:
In 2015, I.B. took his children to church and unintentionally left his infant daughter in the back seat of a car. It was a hot day and the front windows were only slightly cracked.
Passerby notified authorities and after an investigation I.B. was charged criminally with child neglect and leaving a child unattended in a confined space. CPS also made a finding of indicated child neglect.
I.B. pled guilty and received probation before judgment for leaving a child unattended in a confined space.
I.B. challenged the CPS finding, but the judge dismissed his appeal because he had been found guilty in the criminal case.
I.B. appealed, arguing that his criminal conviction was unrelated to the CPS finding.

Held: The Court held that any criminal conviction arising from the facts barred I.B.’s challenge of CPS’ finding.

Child Neglect (Criminal) – The crime of child neglect involves the “intentional failure to provide necessary assistance and resources for the physical needs or mental health of a minor that creates a substantial risk of harm to the minor’s physical health or a substantial risk of mental injury to the minor.”

Child Neglect (CPS) – means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
– that the child’s health or welfare is harmed or placed at substantial risk of harm; or
– mental injury to the child or a substantial risk of mental injury

Child Neglect Disposition (CPS) – A finding of indicated child neglect may be based on credible evidence, which has not been satisfactorily refuted, that there was:
– A failure to provide proper care and attention AND
– A child victim AND
– A parent or caregiver of the alleged victim responsible for the alleged neglect AND
– The child’s health or welfare was harmed or was at substantial risk of harm

Child Neglect Hearing – An individual found liable by Child Protective Services for child abuse/neglect may request a hearing to contest that finding

Child Neglect Hearing – If an individual is charged and convicted criminally based on a charge arising from the abuse/neglect, the hearing contesting CPS’ findings will be dismissed