HARRY HUGHES, Governor

3933

Article - Family Law

PART VI. CRIMINAL BACKGROUND INVESTIGATIONS FOR EMPLOYEES OF
FACILITIES THAT CARE FOR OR SUPERVISE CHILDREN

5-560.

(A)  IN THIS PART VI OF THIS SUBTITLE, THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.

(B)  "CONVICTION" MEANS A PLEA OR VERDICT OF GUILTY OR A
PLEA OF NOLO CONTENDERE.

(C)  "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES.

(D)  "EMPLOYEE" MEANS A PERSON THAT FOR COMPENSATION IS
EMPLOYED TO WORK IN A FACILITY IDENTIFIED IN § 5-561 OF THIS
ARTICLE AND WHO:

(1)  CARES FOR OR SUPERVISES CHILDREN IN THE FACILITY;
OR

(2)  HAS ACCESS TO CHILDREN WHO ARE CARED FOR OR
SUPERVISED IN THE FACILITY.

(E)  (1) "EMPLOYER" MEANS AN OWNER, OPERATOR, PROPRIETOR, OR
MANAGER, OR SUBSTITUTE WORKER OF A FACILITY IDENTIFIED IN § 5-561
AND HAS FREQUENT CONTACT WITH CHILDREN WHO ARE CARED FOR OR
SUPERVISED IN THE FACILITY.

(2) "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.

(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 SHALL APPLY FOR A FEDERAL AND STATE CRIMINAL
BACKGROUND INVESTIGATION AT ANY DESIGNATED LAW ENFORCEMENT OFFICE
IN THIS STATE.

(B)  THE FOLLOWING FACILITIES SHALL REQUIRE EMPLOYEES AND
EMPLOYERS TO OBTAIN A CRIMINAL BACKGROUND INVESTIGATION UNDER
THIS PART VI:

(1)  A GROUP DAY CARE CENTER REQUIRED TO BE LICENSED
UNDER TITLE 14 OF THE HEALTH - GENERAL ARTICLE;

(2)  A CHILD CARE HOME REQUIRED TO BE LICENSED UNDER
TITLE 5 OF THIS ARTICLE OR UNDER TITLE 6 OF THE HEALTH - GENERAL
ARTICLE;