2013 Maryland Code
FAMILY LAW
§ 5-564 - Duties of Department [Subject to amendment effective January 1, 2014; amended version follows this section].

§5-564.

(a) (1) (i) The Department shall conduct the criminal history records check and issue the printed statement provided for under this Part VI of this subtitle.

(ii) It shall update an initial criminal history records check for an employee, employer, or individual identified in § 5-561(c), (d), (e), or (f) of this subtitle and issue a revised printed statement in accordance with federal law and regulations on dissemination of FBI identification records.

(2) The Department shall adopt regulations requiring:

(i) employers to verify periodically the continuing employment of an employee and the continuing assignment of a volunteer;

(ii) State or local agencies that license, register, approve, or certify any of the facilities identified in § 5-561(b) of this subtitle to verify periodically the continuing licensure, registration, approval, or certification of a facility or the continuing assignment of individuals identified in § 5-561(e) of this subtitle; and

(iii) child placement agencies that place a child as described in § 5-561(c) of this subtitle to verify periodically the continuing participation or presence of individuals identified in § 5-561(c) of this subtitle.

(3) The employee, employer, volunteer, or other individual identified in § 5-561 of this subtitle is not responsible for payment of any fee to update criminal history records checks.

(b) (1) The Department shall provide an initial and a revised statement of the applicant’s State criminal record to:

(i) the recipients of the printed statement specified in subsection (c) of this section; and

(ii) the State Department of Education if the applicant is an employee of:

1. a child care center that is required to be licensed or to hold a letter of compliance under Part VII of this subtitle; or

2. a family child care home or large family child care home that is required to be registered under Part V of this subtitle.

(2) The Department shall distribute the printed statement in accordance with federal law and regulations on dissemination of FBI identification records.

(c) (1) Upon completion of the criminal history records check of an employee, the Department shall submit the printed statement to:

(i) the employee’s current or prospective employer at the facility or program;

(ii) the employee; and

(iii) for an employee of a child care center that is required to be licensed or to hold a letter of compliance under Part VII of this subtitle or an employee of a family child care home that is required to be registered under Part V of this subtitle, the State Department of Education.

(2) Upon receiving a written request from an employee, the Department shall submit the printed statement to additional employers, if the criminal history records check was completed during the prior 180 days.

(3) Upon completion of the criminal history records check of an employer, the Department shall submit the printed statement to:

(i) the appropriate State or local agency responsible for the licensure, registration, approval, or certification of the employer’s facility; and

(ii) the employer.

(4) Upon completion of the criminal history records check of an individual identified in § 5-561(c), (d), (e), or (f) of this subtitle, the Department shall submit the printed statement to the appropriate child placement or registering agency.

(d) Information obtained from the Department under this Part VI of this subtitle shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check and to the participants in the hiring or approval process.

(e) Information obtained from the Department under this Part VI of this subtitle may not:

(1) be used for any purpose other than that for which it was disseminated; or

(2) be redisseminated.

(f) Information obtained from the Department under this Part VI of this subtitle shall be maintained in a manner to insure the security of the information.

§ 5-564 - Duties of Department (Effective January 1, 2014)

(a) In general. --

(1) (i) The Department shall conduct the criminal history records check and issue the printed statement provided for under this Part VI of this subtitle.

(ii) It shall update an initial criminal history records check for an employee, employer, or individual identified in § 5-561(c), (d), (e), or (f) of this subtitle and issue a revised printed statement in accordance with federal law and regulations on dissemination of FBI identification records.

(2) The Department shall adopt regulations requiring:

(i) employers to verify periodically the continuing employment of an employee and the continuing assignment of a volunteer;

(ii) State or local agencies that license, register, approve, or certify any of the facilities identified in § 5-561(b) of this subtitle to verify periodically the continuing licensure, registration, approval, or certification of a facility or the continuing assignment of individuals identified in § 5-561(e) of this subtitle; and

(iii) child placement agencies that place a child as described in § 5-561(c) of this subtitle to verify periodically the continuing participation or presence of individuals identified in § 5-561(c) of this subtitle.

(3) The employee, employer, volunteer, or other individual identified in § 5-561 of this subtitle is not responsible for payment of any fee to update criminal history records checks.

(b) Distribution of applicant's State criminal record. --

(1) The Department shall provide an initial and a revised statement of the applicant's State criminal record to:

(i) the recipients of the printed statement specified in subsection (c) of this section; and

(ii) the State Department of Education if the applicant is :

1. 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 Part VII of this subtitle;

2. 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 Part V of this subtitle; or

3. 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.

(2) The Department shall distribute the printed statement in accordance with federal law and regulations on dissemination of FBI identification records.

(c) Submission of printed statement. --

(1) Upon completion of the criminal history records check of an employee, the Department shall submit the printed statement to:

(i) the employee's current or prospective employer at the facility or program;

(ii) the employee; and

(iii) for an employee of a child care center that is required to be licensed or to hold a letter of compliance under Part VII of this subtitle or an employee of a family child care home that is required to be registered under Part V of this subtitle, the State Department of Education.

(2) Upon receiving a written request from an employee, the Department shall submit the printed statement to additional employers, if the criminal history records check was completed during the prior 180 days.

(3) Upon completion of the criminal history records check of an employer, the Department shall submit the printed statement to:

(i) the appropriate State or local agency responsible for the licensure, registration, approval, or certification of the employer's facility; and

(ii) the employer.

(4) Upon completion of the criminal history records check of an individual identified in § 5-561(c), (d), (e), or (f) of this subtitle, the Department shall submit the printed statement to the appropriate child placement or registering agency.

(d) Confidentiality of information. -- Information obtained from the Department under this Part VI of this subtitle shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check and to the participants in the hiring or approval process.

(e) Limitations on use of information. -- Information obtained from the Department under this Part VI of this subtitle may not:

(1) be used for any purpose other than that for which it was disseminated; or

(2) be redisseminated.

(f) Maintenance of information. -- Information obtained from the Department under this Part VI of this subtitle shall be maintained in a manner to insure the security of the information.

§ 5-564 - 1. Cross-reference check (Effective January 1, 2014)

The State Department of Education shall conduct a cross-reference check , including cross-referencing the individual and the individual's address, with the central registry of registrants transmitted weekly by the Department under § 11-713 of the Criminal Procedure Article, of:

(1) an employee, employer, or individual identified in § 5-561(b)(1), (b)(2), or (c)(5)(i) of this subtitle; and

(2) an individual who provides or agrees to provide informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations.