Police Report and Charging Document for Noa Scheffer (Baltimore County Police Department)

Dear Mr. Kaplan:

Your electronic mail message to the Baltimore County Police Department ("BCOPD") on February 26, 2020, was referred to the Baltimore County Office of Law for review and response pursuant to the Maryland Public Information Act ("MPIA"), Md. Code Ann., Gen. Provis. § 4 - 101 et seq.

First, please accept my sincere apology for the delay in responding to your MPIA request. Due to COVID-19 pandemic, in addition to a personal situation which required that I take leave, I have been unable to review your MPIA application until today.

Records Request
Specifically, you request "all police reports or investigations pertaining to Noa Scheffer".

Records Description
The records you seek are records of an investigation concerning alleged child abuse or neglect. Maryland law defines abuse to include "sexual abuse of a child, whether injuries are sustained or not." Md. Code Ann., Fam. Law 5-701(b)(2). A child is defined as "any individual under the age of 18." Id. 5-701(3).

Maryland MPIA Law - Generally
"Except as otherwise provided by law, a custodian shall allow a person or governmental unit to inspect any public record at any reasonable time." Md. Code Ann., Gen. Provis. § 4-201(a)(1). While the MPIA favors the inspection of public records, the Act yields to any other laws governing the release of information and records, to include provisions requiring denial of a record under specific circumstances. The MPIA does provide, however, that "[i]nspection or copying of a public record may be denied only to the extent provided under this title." Id. 4-201(b). Further to that provision, the title delineates the following grounds requiring that records be denied: "[A] custodian shall deny inspection of a public record or any part of a public record if by law, the public record is privileged or confidential...or the inspection would be contrary to a State statute." Md. Code Ann., Gen. Provis. § 4-301(a)(1)(2)(i).

Maryland Law - Child Abuse
Child abuse records are specifically classified by State statute in the Human Services Article of the Maryland Code. See Md. Code Ann., Human Services § 1-202, entitled Confidentiality of information - child abuse and neglect reports and records. This statute strictly prohibits the disclosure of "a report or record concerning child abuse or neglect" except under very specific circumstances, which are not applicable when records are sought through the MPIA. Id. § 1-202(a). Further, to elucidate the serious nature of a breach of this provision, the statute proscribes a criminal penalty of "imprisonment not exceeding 90 days or a fine not exceeding $500 or both" for the unauthorized release of confidential child abuse records. In order to disclose records which are governed by this statute, a court order is required. Id. § 1-202(b)(1).
Denial
Consequently, given the confidential nature of the records associated with the investigation of the child abuse incident involving Noa Scheffer, the records are not subject to release.
Remedy
Pursuant to Md. Code Ann., Gen. Provis. § 4-362, you are entitled to seek judicial review of this decision. You may also refer any concerns about this decision to the Public Access Ombudsman pursuant to GP § 4-1B-01 et seq.

Sincerely,

Vickie L. Wash
Assistant County Attorney
Baltimore County Office of Law
400 Washington Avenue, 2nd Floor
Towson, Maryland 21204
(410) 887-4420

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