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§ 5-550. Definitions

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, § 5-550
Formerly cited as MD Family Law § 5-560
§ 5-550. Definitions
Currentness
In general
(a) In this Part V of this subtitle the following words have the meanings indicated.
Authorized agency
(b) “Authorized agency” means a State, county, or municipal government agency.
Central Repository
(c) “Central Repository” means the Criminal Justice Information System Central Repository of the Department.
Conviction
(d) “Conviction” means a plea or verdict of guilty or a plea of nolo contendere.
Criminal history records check
(e) “Criminal history records check” means a records check of the criminal history record information maintained by the Central Repository or the Federal Bureau of Investigation.
Department
(f) “Department” means the Department of Public Safety and Correctional Services.
Employee
(g)(1) “Employee” means a person that for compensation is employed to work in a facility identified in § 5-551 of this subtitle and who:
(i) cares for or supervises children in the facility; or
(ii) has access to children who are cared for or supervised in the facility.
(2) “Employee” includes:
(i) a person who:
1. participates in a pool described in subsection (h)(2) of this section;
2. for compensation will be employed on a substitute or temporary basis to work in a facility identified in § 5-551(a)(1) or (2) of this subtitle; and
3. will care for or supervise children in the facility or will have access to children who are cared for or supervised in the facility; and
(ii) a contractor or subcontractor who will have direct, unsupervised, and uncontrolled access to children in a facility identified in § 5-551(a) of this subtitle.
(3) “Employee” does not include any person employed to work for compensation by the Department of Juvenile Services.
Employer
(h)(1) “Employer” means an owner, operator, proprietor, or manager of a facility identified in § 5-551 of this subtitle who has frequent contact with children who are cared for or supervised in the facility.
(2) For purposes of §§ 5-551(f), 5-554(1), 5-555(b) and (e), and 5-557 of this subtitle, “employer” includes a child care resource and referral center, an association of registered family child care providers, and an association of licensed child care centers to the extent that the center or association establishes and maintains a pool of individuals who are qualified to work as substitute or temporary employees in a facility identified in § 5-551(a)(1) or (2) of this subtitle.
(3) “Employer” does not include a State or local agency responsible for the temporary or permanent placement of children in a facility identified in § 5-551 of this subtitle.
Local department
(i) “Local department” has the meaning stated in § 1-101(h) of this article.
Private entity
(j) “Private entity” means a nongovernmental agency, organization, or employer.
Secretary
(k) “Secretary” means the Secretary of Public Safety and Correctional Services.

Credits

Added as Family Law § 5-560 by Acts 1986, c. 110, § 1, eff. July 1, 1986. Amended by Acts 1989, c. 5, § 1, eff. March 9, 1989; Acts 1991, c. 274, § 1, eff. July 1, 1991; Acts 1994, c. 481, § 1, eff. Oct. 1, 1994; Acts 1995, c. 8, § 4, eff. June 1, 1995; Acts 1996, c. 19, § 1, eff. Oct. 1, 1996; Acts 2001, c. 192, § 1, eff. Oct. 1, 2001; Acts 2003, c. 53, § 6, eff. July 1, 2003; Acts 2005, c. 359, § 1, eff. Oct. 1, 2005; Acts 2010, c. 18, § 1, eff. Oct. 1, 2010; Acts 2010, c. 72, § 5, eff. April 13, 2010; Acts 2011, c. 564, § 1, eff. Jan. 1, 2012; Acts 2015, c. 180, § 1, eff. July 1, 2015. Renumbered as Family Law § 5-550 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, § 5-550, MD FAMILY § 5-550
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