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Maryland Family Law Section 5-561

Article - Family Law
§ 5-561.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) Notwithstanding any provision of law to the contrary, an employee and employer in a facility identified in subsection (b) of this section and persons identified in subsection (c) of this section shall apply for a national and State criminal history records check at any designated law enforcement office in this State.

(b) The following facilities shall require employees and employers to obtain a criminal history records check under this Part VI of this subtitle:

(1) a child care center required to be licensed under Part VII of this subtitle;

(2) a family day care home required to be registered under Part V of this subtitle;

(3) a child care home required to be licensed under this subtitle or under Article 83C of the Code;

(4) a child care institution required to be licensed under this subtitle or under Article 83C of the Code;

(5) a juvenile detention, correction, or treatment facility provided for in Article 83C of the Code;

(6) a public school as defined in Title 1 of the Education Article;

(7) a private or nonpublic school required to report annually to the State Board of Education under Title 2 of the Education Article;

(8) a foster care family home or group facility as defined under this subtitle;

(9) a recreation center or recreation program operated by State or local government primarily serving minors; or

(10) a day or residential camp, as defined in Title 10, Subtitle 16 of the Code of Maryland Regulations, primarily serving minors.

(1) an individual who is seeking to adopt a child through a local department of social services or licensed child placement agency;

(2) an individual who is seeking to become a guardian through a local department of social services;

(3) an individual whom the juvenile court appoints as a guardian of a child;

(4) an adult relative with whom a child, committed to a local department of social services, is placed by the local department of social services;

(5) any adult known by a local department of social services to be residing in a:

(i) family day care home required to be registered under Title 5 of this article;

(ii) home of an adult relative of a child with whom the child, committed to a local department of social services, is placed by the local department of social services;

(iii) foster care home or child care home required to be approved under Title 5 of this article;

(iv) home of an individual seeking to adopt a child through a local department of social services or a licensed child placement agency; or

(v) home of an individual seeking to become a guardian through a local department of social services; and

(6) if requested by a local department of social services:

(i) a parent or guardian of a child who is committed to the local department and is or has been placed in an out-of-home placement within the past year; and

(ii) any adult known by the local department to be residing in the home of the parent or guardian.

(d) An employer at a facility under subsection (b) of this section may require a volunteer at the facility to obtain a criminal history records check under this Part VI of this subtitle.

(e) A local department of social services may require a volunteer of that department who works with children to obtain a criminal history records check under this Part VI of this subtitle.

(f) An employer at a facility not identified in subsection (b) of this section who employs individuals to work with children may require employees, including volunteers, to obtain a criminal history records check under this Part VI of this subtitle.

(g) An employer, as defined in § 5-560(e)(2) of this subtitle, shall require an employee, as defined in § 5-560(d)(2) of this subtitle, to obtain a criminal history records check under this Part VI of this subtitle.

(h) A person who is required to have a criminal history records check under this Part VI of this subtitle shall pay for:

(1) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check;

(2) reasonable administrative costs to the Department, not to exceed 10% of the processing fee; and

(3) the fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.

(i) (1) An employer or other party may pay for the costs borne by the employee or other individual under subsection (h) of this section.

(2) The local department of social services shall reimburse:

(i) an adult residing in a foster care home for the costs borne by the individual under subsection (h) of this section; and

(ii) an individual described in subsection (c)(4)(ii) of this section for the costs borne by the individual under subsection (h) of this section.

** SPECIAL NOTE: EFFECTIVE - JANUARY 1, 2006 - CHAPTER 464 - 2005 **