590

LAWS OF MARYLAND

Ch. 110

Section 5-560 through 5-568 to be under the new part "Part
VI. Criminal Background Investigations for Employees
of Facilities that Care for or Supervise Children"

Annotated Code of Maryland

(1984 Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

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
WHO 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.