WILLIAM DONALD SCHAEFER, Governor                         Ch. 481

(b)     "Conviction" means a plea, FINDING, [or] verdict of guilty or a plea of nolo
contendere.

(c)     "Department" means the Department of Public Safety and Correctional
Services.

(d)     (1) "Employee" means a person that for compensation is employed to work
in a facility identified in § 5-561 of this subtitle and who:

(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" 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) "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 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 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;

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