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§ 5-555. Conduct, dissemination, and updating of criminal history records checks

West's Annotated Code of MarylandFamily LawEffective: October 1, 2023

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 5. Children (Refs & Annos)
Subtitle 5. Child Care; Foster Care (Refs & Annos)
Part V. Criminal Background Investigations for Employees of Facilities and Other Individuals that Care for or Supervise Children (Refs & Annos)
Effective: October 1, 2023
MD Code, Family Law, § 5-555
§ 5-555. Conduct, dissemination, and updating of criminal history records checks
Currentness
Conduct
(a) The Department shall conduct the criminal history records checks required under this Part V of this subtitle.
Applications
(b)(1) The facilities identified in § 5-551(a) of this subtitle shall apply to the Central Repository for a national and State criminal history records check for each employee, employer, individual, or volunteer.
(2) As part of an application for a criminal history records check, a facility identified in § 5-551(a) of this subtitle shall submit to the Central Repository:
(i) a legible set of the employee's, employer's, individual's, or volunteer's fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(3) In accordance with §§ 10-201 through 10-229 of the Criminal Procedure Article, the Central Repository shall forward the employee's, employer's, individual's, or volunteer's criminal history record information to:
(i) the employee, employer, individual, or volunteer; and
(ii) the authorized agencies required to license, register, approve, or certify the facility identified in § 5-551(a) of this subtitle.
Updated records checks
(c) The Department shall update an initial criminal history records check for an employee, employer, or individual identified in § 5-551(b), (c), (d), or (e) of this subtitle and issue an updated records check in accordance with this subsection.
Dissemination
(d) The Department shall provide an applicant's initial and updated State criminal history record to:
(1) the recipients of the State criminal history record specified in subsection (e) of this section; and
(2) the State Department of Education if the applicant is:
(i) an employee of or an adult resident in a child care center that is required to be licensed or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article;
(ii) an employee of or an adult resident in a family child care home or large family child care home that is required to be registered under Title 9.5, Subtitle 3 of the Education Article; or
(iii) an individual who provides or agrees to provide informal child care or an adult who resides in a home where informal child care is being provided or will be provided to a child who does not reside there.
Written requests for dissemination
(e)(1) Except as provided in paragraph (2) of this subsection, on receiving a written request from an employee, the Department shall disseminate the national and State criminal history records check to authorized agencies if the criminal history records check was completed during the prior 180 days.
(2) On receiving a written request from a student teacher employed under § 6-107 of the Education Article, the Department shall disseminate the national and State criminal history records check to authorized agencies if the criminal history records check was completed during the prior 365 days.
Confidentiality of information
(f) Information obtained from the Central Repository under this subtitle:
(1) is confidential;
(2) may not be disseminated; and
(3) may be used only for the purposes authorized by this subtitle.
Right to contest
(g) The subject of a criminal history records check under this subtitle may contest the contents of the national and State criminal history records check issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

Credits

Added by Acts 2023, c. 144, § 1, eff. Oct. 1, 2023.
MD Code, Family Law, § 5-555, MD FAMILY § 5-555
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document