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§ 5-559. Emergency out-of-home placements

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, § 5-559
Formerly cited as MD Family Law 5-569
§ 5-559. Emergency out-of-home placements
Currentness
Emergency out-of-home placement defined
(a) In this section, “emergency out-of-home placement” means an out-of-home placement in which a local department places a child in the home of a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child's primary caretaker.
Requests for federal name-based check of individuals
(b)(1) If a child is placed in an emergency out-of-home placement, a local department may request that a designated State or local law enforcement agency in the State perform a federal name-based check on any individual described in § 5-551(b)(4), (5)(iii), and (7)(ii) of this subtitle.
(2) The designated agency described in paragraph (1) of this subsection may provide the results of the name-based check to the local department.
(3) Within 15 calendar days after the local department receives the results of the name-based check, the local department shall submit a complete set of fingerprints to the Department for each individual described in paragraph (1) of this subsection on whom a name-based check was performed.
(4) Within 15 calendar days after the name-based check, the Department shall perform a criminal history records check, in accordance with § 5-555 of this subtitle.
Child removed if individual fails name-based check
(c) A child shall be removed immediately from an emergency out-of-home placement if any individual required to submit to a name-based check refuses to submit the follow-up fingerprints.
Individual to submit fingerprints in order to contest denial of placement
(d) When the placement of a child in a home is denied as a result of a name-based criminal history records check of an individual and the individual contests that denial, the individual shall submit to the local department:
(1) a complete set of fingerprints; and
(2) written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.
Fees for criminal history records check
(e) An individual who is required to submit to a criminal history records check under this section shall pay the fees required under § 5-551(g) of this subtitle.

Credits

Added as Family Law § 5-569 by Acts 2008, c. 263, § 1, eff. Oct. 1, 2008. Amended by Acts 2013, c. 43, § 5. Renumbered as Family Law § 5-559 by Acts 2016, c. 185, § 3, eff. June 1, 2016. Amended by Acts 2016, c. 185, § 4, eff. June 1, 2016; Acts 2023, c. 144, § 1, eff. Oct. 1, 2023.
MD Code, Family Law, § 5-559, MD FAMILY § 5-559
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.
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