Who is being charged/investigated in relation to which victim?
OFFENDER'S NAME - REQUIRED when entering data on the criminal proceedings screen
Select ONE from a Pull Down menu that contains all of the offenders that have been entered for this incident.
Comment: It is understood, that all persons designated as 'offenders' are "alleged" to be offenders pending formal disposition of any criminal or civil charges. Likewise all incidents reported are understood to be "alleged incidents" with "alleged victims" pending a court ruling or - for child maltreatment or vulnerable adult abuse reports - the results of an investigation.

VICTIM'S NAME - REQUIRED when an OFFENDER's NAME is selected
Select ONE from a Pull Down menu that contains all of the victim's names that were entered for this incident.
Special Instruction:  When there are multiple victims and offenders for an incident, be certain to pair up 'alleged' offenders and victims accordingly.

INVESTIGATION OUTCOME - REQUIRED when OFFENDER and VICTIM NAMES are selected
Enter the outcome of the investigation, if known. For additional detail regarding the COMAR definitions for a term click on the hot link in the Look up Table (LUT) for INVESTIGATION OUTCOME.
Comment: Items coded 01-04 pertain to investigations of criminal charges by law enforcement. Items coded 05-14 pertain only to Child Abuse and Neglect (CAN) or to Vulnerable Adult Abuse (AA) investigations. Note that many child/adult abuse investigations do not result in criminal charges, but - with the exception of screened out reports - all child maltreatment and vulnerable adult abuse reports are investigated. Acknowledging the fact that the process of "screened out" occurs prior to the initiation of an investigation, the term 'screened out' is included in this list for tracking purposes. Use of the hashing function will enable an aggregate accounting of how many children with a screened out child abuse or neglect report were subsequently found to be victims of indicated child maltreatment.
Special Instructions: In some cases it may be possible to have multiple investigation outcomes. [e.g. (1) child abuse is  'Indicated,' (2) the family is referred for Continuing Child Protective Services, (3) the charges were 'Cleared' - no further criminal proceedings occurred.] For these types of situations multiple criminal proceeding records will temporarily be entered using the "ENTER ANOTHER CRIMINAL PROCEEDING" button. [Refer to the RECOMMENDATION below for a solution to this issue.]
 

RECOMMENDATION for a future product enhancement: When an alleged abuser and an alleged victim are selected on Tab 4, redisplay the "ABUSE TYPE" and the "ABUSE SUBCATGORY" fields from Tab 2 Victim Data right above the "INVESTIGATION OUTCOME" field. A different Pull Down menu for the Investigation Outcome field can then be enabled for each ABUSE TYPE. With the addition of several more fields it will be possible record outcomes for all four mandated outcomes for the Child Maltreatment 'investigation process,' including the safety/risk assesssment. (See COMAR1 for more detail.)

LUT_INVESTIGATION_OUTCOME

INVESTIGATION_ OUTCOME_CODE	INVESTIGATION_ OUTCOME	INVESTIGATION_ OUTCOME_DEF
00	Unknown/Not Applicable	At the time of data entry the investigation outcome is unknown and/or the alleged incident is not under investigation (to the best of the DET's knowledge).
01	Arrested (charged)	Formal charges were filed for this incident. An arrest warrant was issued and/or an arrest was made.
02	Cleared	[Need definition from Lisa]
03	Cleared Exceptionally	[Need definition from Lisa]
04	Unfounded	The results of the investigation did not support the charges. [Need definition from Lisa]
05	Screened Out (CAN)	Information received regarding an alleged incident of child maltreatment is insufficient and/or is not consistent with the definition of child maltreatment. Therefore, the information given is not recorded as a "report." Since there is no official report, there is no investigation, and the attempt to report is "screened out." [Rick, I can't find COMAR for 'ruled out' - can you help?]
06	Ruled Out (CAN)	This disposition shall be used when a preponderance of the evidence shows that abuse did NOT occur.
07	Unsubstantiated (CAN)	An unsubstantiated finding for a report of child abuse is one in which there is insufficient evidence to support a finding of indicated or ruled out.
08	Indicated (CAN)	An indicated finding for a report of child abuse, child neglect and/or mental injury means one in which there is credible evidence, which has not been satisfactorily refuted, that four criteria are present: (1) there is current or past abuse or injury; (2) the abuse or injury was more likely than not caused by a parent or individual with care or custody or by a household or family member; (3) the child was younger than 18 years at the time of the incident; (4) the nature, extent and location of the abuse or injury indicate that the child's health or welfare was harmed or was at substantial risk of harm. (See COMAR3 for additional detail)
09	Referred for CPS (CAN/AA)	[Continuing] Protective Services (PS) are provided on either a voluntary basis or as a direct result of a court order. Families with children at risk and/or vulnerable adults at risk for abuse, etc. may be referred for intensive, ongoing, time-limited protective services. (See COMAR2 for child abuse & COMAR4 for vulnerable adults.)
10	Referred for Services (CAN/AA)	When child maltreatment and/or vulnerable adult abuse is either indicated, unsubstantiated, ruled out or founded/unfounded additional services may be needed to help support the family or individual. (e.g. family preservation and support, case management, etc.)
11	NOT a Vulnerable Adult	The investigation has determined that the individual is NOT a vulnerable adult.( See COMAR4  definitions.)
13	Charges Unfounded (AA)	The investigation has determined that the individual is a vulnerable adult, but allegations of Abuse, Neglect, Self-Neglect, and/or Exploitation are UNFOUNDED.
14	Charges Founded (AA)	The investigation has determined that the individual is a vulnerable adult, AND allegations of Abuse, Neglect, Self-Neglect, and/or Exploitation are FOUNDED.

INVESTIGATION OUTCOME DATE - REQUIRED if an Investigation Outcome is entered
Enter the DATE that the Investigation Outcome was determined.
Comment: It is anticipated that Law Enforcment will enter the majority of the information for the Criminal Proceedings screen. Information provided by a victim or a witness may be anecdotal.

CRIMINAL CHARGE - REQUIRED when the Investigation Outcome is "Arrested (charged)"
Enter the alleged crimes that the offender is charged with from the list of Maryland criminal charges below. Make certain that the charge matches the victim that is selected for each record. Use the "Enter Another Criminal Charge" button to enter all significant charges - especially as they pertain to family violence/sexual assault.
Comment: A list of criminal charges most commonly associated with family violence and/or sexual assault is provided. Dependent on the context and interpersonal dynamics, additional criminal charges may be associated with family violence. The database administrator can add to this look up table.

LUT_CRIMINAL_CHARGE

CRIMINAL_ CHARGE_CODE

CRIMINAL_CHARGE

CRIMINAL_CHARGE_DEF

01 Assault -1st degree                      [Need definitions from MD Law for this section]
02 Assault - 2nd degree
03 Burglary - 1st degree
04 Burglary - 4th degree
05 Child abuse, physical
06 Child abuse, sexual
07 Destruction of Property
08 False Imprisonment
09 Harassment
10 Homicide
11 Reckess Endangerment
12 Rape - 1st degree
13 Rape - 2nd degree
14 Sexual offense - 1st degree
15 Sexual offense - 2nd degree
16 Sexual offense - 3nd degree
17 Sexual offense - 4th degree
18 Stalking
19 Telephone Misuse
20 Theft
21 Trespass
22 Violation of ExParte Order
23 Violation of Protective Order
24 Violation of Peace Order
25 Vulnerable Adult Abuse, physical
26 Vulnerable Adult Abuse, sexual
27 Vulnerable Adult Abuse, neglect
28 Other

JUDGEMENT CODE - REQUIRED when a CRIMINAL CHARGE is entered
Enter ONE from the list of possible judgements below.

LUT_JUDGEMENT

JUDGEMENT_ CODE	JUDGEMENT	JUDGEMENT_DEF
00	Unknown/Not Adjudicated	Use Unknown/Not Adjudicated when the courts have not yet rendered a judgement regarding the alleged criminal charge. [Need definitions from MD Law for this section]
01	Dismissed
02	Not Guilty
03	Guilty
04	Guilty, PBJ
05	Stet Docket
06	Nolle Prosequi - merits
07	Nolle Prosequi – per plea
08	Delinquent
09	Not Delinquent
10	Other

JUDGEMENT DATE - REQUIRED if a Judgement is entered

SENTENCE/DISPOSITION - REQUIRED if a Judgement is entered
Check ALL that apply. A "check" indicates that a particular disposition was part of the formal (written) sentence handed down by the court.

Jail Sentence  Supervised Probation  Fine  Community Service  Mental Health Services
Susp. Jail Sentence  Unsupervised Probation   Restitution  Addictions Treatment  Abuse Intervention Svcs.
Home Confinement  "DJJ' Confinement

Was spousal privilege invoked for this charge?
  Spousal Privilege (can only be used one time.
A"check" indicates YES, spousal privilege was invoked during the prosecution of the alleged charges against the offender.

Enter Another Criminal Proceeding
The Data Entry Technician can toggle back and forth between records using the PREVIOUS RECORD and NEXT RECORD buttons.
Special Instruction: If there are multiple charges, go to the top of the screen and enter another alleged offender, victim, investigation outcome, criminal charge, judgement, disposition, etc.

GO TO CIVIL ACTIONS
This button takes the DET to the Civil Actions Screen (Tab 5).

GO TO SERVICES
This button takes the DET to the Services Screen (Tab 6).
Comment: Prior to sending the entire record to the FVC Database, the Data Entry Technician (DET) can toggle back and forth between the various TABS to correct errors/update information. However, once the record is sent to the database, the DET CAN NOT retrieve the record. If an organization wishes to keep track of data thatthey have entered, the organization can ask their DET to print out any or all of the screens prior to sending the incident record to the database. Once the incident record information is sent to the database, only aggregate reports will be released. Names, including aliases, are hashed and linked through an alias resolution table that is used to generate an ID number for the Garrett Data Mart.  It is impossible to identify an individual by name through the use of the hashed record, and furthermore the hashed ID does not populate the Mart.

References from COMAR Online: (Search buttons are at the bottom of the frame.)
1. COMAR 07.02.07.07

.07 Investigation of Suspected Child Abuse and Neglect-----General.

  A. During the investigative process, the local department shall gather appropriate information in order to:

    (1) Assess whether the child is at risk of maltreatment;
    (2) Determine whether a report of suspected child abuse or neglect is found to be indicated, unsubstantiated, or ruled out;
    (3) Determine whether any other maltreatment, other than the maltreatment contained in the report, is found to be indicated,
unsubstantiated, or ruled out; and
(4) Determine what services, if any, are appropriate to reduce the level of risk to the child.

.01 Purpose.
A. [Continuing] Protective service is a specialized social service for children who are believed to be neglected or abused, and for their parents or
other adults having permanent or temporary care, custody, or parental responsibility, or for household or family members, to decrease the
risk of continuing physical or sexual abuse or neglect. In instances when a child can be safely protected in the child's own home through
the provision of services or other assistance to the child's family, this alternative is preferable to foster care placement.

.12 Disposition of Investigation of Suspected Child Abuse.

  A. Indicated Child Abuse.

    (1) Physical Abuse. An indicated finding for a report of child physical abuse means one in which there is credible evidence, which
has not been satisfactorily refuted, that the following four criteria are present:

     (a) There is a current physical injury or a credible account or documentation of a past injury;
     (b) It is more likely than not that the injury was caused by a parent or other individual who has permanent or temporary care or custody or responsibility for supervision of the child, or by a household or family member;
     (c) The child was younger than 18 years old at the time of the incident; and
     (d) The nature, extent, and location of the injury indicate that the child's health or welfare was harmed or was at substantial risk of
harm.

    (2) Sexual Abuse.

     (a) An indicated finding for a report of child sexual abuse means one in which there is credible evidence, which has not been
satisfactorily refuted, that the following three criteria are present:

       (i) Sexual molestation or exploitation of a child occurred, or there is a credible account or documentation of past sexual
molestation or exploitation and there are physical or behavioral indications that a child has been sexually abused, including but not limited
to, genital trauma, pregnancy, sexually transmitted diseases, and patterns of behavior typically associated with sexual abuse;
       (ii) The child was younger than 18 years old at the time of the sexual molestation or exploitation; and
       (iii) The sexual molestation or exploitation was more likely than not caused by a parent or other individual who has permanent or
temporary care or custody or responsibility for supervision of the child or by any household or family member.

     (b) In investigating sexual abuse, the existence of a physical injury is not required for an indicated finding.

    (3) Abuse-----Mental Injury. An indicated finding for a report of child abuse that concerns a mental injury means one in which there
is credible evidence, which has not been satisfactorily refuted, that the following four criteria are present:

     (a) There is a current mental injury, or a credible account or documentation of a past mental injury that is characterized by an
observable, identifiable, substantial impairment to the child's mental or psychological ability to function;
     (b) It is more likely than not that the mental injury was caused by an act of a parent or other individual who has permanent or
temporary care or custody or responsibility for supervision of a child or by a household or family member;
     (c) The child was younger than 18 years old at the time of the incident; and
     (d) The nature of the mental injury indicates that the child's health or welfare was harmed or was at substantial risk of harm.

    (4) The standard of proof for making a determination that abuse is indicated is a preponderance of the evidence and not beyond a
reasonable doubt, as required for a criminal conviction. In making this determination, the local department shall consider whether:

     (a) Explanations of the incident under investigation are inconsistent over time, or do not match the developmental age and
capabilities of the child; or
     (b) There is a history of prior injuries in the household or family which are inadequately explained and which may indicate patterns
of family violence, or there is a clearly established history of family violence.

  B. Unsubstantiated Child Abuse. An unsubstantiated finding for a report of child abuse is one in which there is insufficient evidence to
support a finding of indicated or ruled out. In choosing this disposition, the worker shall document the extent to which any of the
following factors apply to the situation:

    (1) There is insufficient credible evidence of a current physical or mental injury;
    (2) There is no credible account by the suspected victim or a witness;
    (3) There is insufficient credible evidence of an indication of past injury or sexual abuse;
    (4) There is insufficient credible evidence that the child's health or welfare was harmed or was at substantial risk of being harmed; or
    (5) It is not possible to complete the investigation due to an inability to gain access to the child or to obtain relevant facts regarding
the alleged maltreatment.

  C. Ruled-out Child Abuse. This disposition shall be used when a preponderance of the evidence shows that abuse did not occur. In
choosing this disposition, the worker shall document the extent to which any of the following factors apply to the situation:

    (1) There is no credible evidence of physical or mental injury or an incident involving sexual molestation or exploitation having
occurred;
    (2) There is credible evidence that the injury was a result of an accident rather than a result of a deliberate or reckless action by a
parent, by another individual who has permanent or temporary care or custody or responsibility for supervision of a child, or by any
household or family member;
    (3) There is credible evidence that the injury was a result of a medical condition rather than a result of a deliberate or reckless action
by a parent, by another individual who has permanent or temporary care or custody or responsibility for supervision of a child, or by any
household or family member;
    (4) There is credible evidence that the injury or sexual act was caused by an individual other than a parent, by another individual who
has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member;
    (5) The child was not younger than 18 years old at the time of the abuse; or
    (6) There is no credible evidence that the sexual behavior between children who are household or family members was exploitation or
molestation and there is credible evidence to support a finding that the activity was within developmentally appropriate limits.

  D. If a child is responsible for causing an injury or was involved in a sexual act toward another child, the following may be considered in
determining whether the injury or act may be classified as abuse:

    (1) Age of the child victim;
    (2) Age of the child perpetrator;
    (3) Use of coercion or cruelty by the perpetrator;
    (4) Developmental level of each child;
    (5) Psychological condition of each child;
    (6) Existence of violence; or
    (7) Whether the act was inappropriate to the developmental level of each child.

.06 Protective Service Investigation. [vulnerable adults]

  A. The investigation shall include:

    (1) A face-to-face interview with the adult;
    (2) Information gathered from the adult and collateral contacts.

  B. The investigation shall be directed to:

    (1) A determination of whether the individual is a vulnerable adult; and
    (2) Whether there has been abuse, neglect, self-neglect, or exploitation.

  C. If there is a finding of abuse, neglect, or exploitation of a vulnerable adult, the investigation shall include information regarding:

    (1) The nature, cause, and extent of the abuse, neglect, and exploitation; and
    (2) The identity of the person or persons responsible for the abuse, neglect, and exploitation.

  D. The information collected shall include:

    (1) Facts about whether the adult is unable to provide for his daily needs sufficiently to protect his health, welfare, or safety;
    (2) Psycho-social factors affecting functioning of the adult;
    (3) Medical factors affecting functioning of the adult; and
    (4) Environmental factors affecting the adult, including housing, availability of transportation, and income.

  E. The local department shall secure the cooperation of the vulnerable adult to the extent possible.

  F. The local department shall inform the referring party when the investigation begins and the name of the assigned caseworker. Except
in accordance with a court order, local departments may not share information on a case unless it furthers the investigation or service
provision or is required in reports to law enforcement officials.