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2005 LAWS OF MARYLAND
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Ch. 359
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(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 a person who:
(i) participates in a pool described in subsection (e)(2) of this
section;
(ii) for compensation will be employed on a substitute or temporary
basis to work in a facility identified in § 5-561(b)(l) or (2) of this subtitle; and
(iii) will care for or supervise children in the facility or will have
access to children who are cared for or supervised in the facility.
(3) "Employee" does not include any person employed to work for
compensation by the Department of Juvenile Services.
(e) (1) "Employer" means an owner, operator, proprietor, or manager of a
facility identified in § 5-561 of this subtitle who has frequent contact with children
who are cared for or supervised in the facility.
(2) For purposes of §§ 5-561(g), 5-563(b)(1), 5-564(a)(2)(i) and (d)(1)(i)
and (2), and 5-567 of this subtitle, "employer" includes a child care resource and
referral center, an association of registered family day 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 § 5-561(b)(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 § 5-561 of
this subtitle.
(f) "Secretary" means the Secretary of Public Safety and Correctional
Services.
5-561.
(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;
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