EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1254*
HOUSE BILL 1254
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By: Delegate Wells
Introduced and read first time: February 8, 2024
Assigned to: Ways and Means
A BILL ENTITLED
AN ACT concerning 1
Child Care Providers – Criminal History Records Checks and Abuse and Neglect 2
Clearances – Requirements 3
FOR the purpose of requiring certain individuals to submit to a criminal history records 4
check before the individual is authorized to have a position involving direct contact 5
with children in a licensed child care center, registered family child care home, or 6
registered large family child care home; requiring the State Department of 7
Education to establish a dedicated unit to process certain criminal history records 8
checks; requiring the Department of Human Services to provide notice of child abuse 9
and neglect clearance for employees at child care centers at certain times, in a certain 10
manner, and under certain circumstances; and generally relating to criminal history 11
records checks and child abuse and neglect clearances and child care providers. 12
BY adding to 13
Article – Education 14
Section 9.5–117 and 9.5–118 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Education 19
Section 9.5–414 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2023 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Education 25
2 HOUSE BILL 1254
9.5–117. 1
(A) A PROSPECTIVE EMPLOYEE OR VOLUNTEER OR AN ADDITIONAL ADULT 2
WHO WILL HAVE A POSI TION INVOLVING DIREC T CONTACT WITH CHILD REN AT A 3
LICENSED CHILD CARE CENTER , REGISTERED FAMILY CHILD CARE HO ME, OR 4
REGISTERED LARGE FAMILY CHILD C ARE HOME SHALL SUBMI T TO A CRIMINAL 5
HISTORY RECORDS CHECK IN ACCORDANCE WITH § 9.5–118 OF THIS SUBTITLE. 6
(B) (1) (I) THE DEPARTMENT SHALL ESTABLISH A UNIT WITHIN THE 7
DEPARTMENT FOR THE DEDICATED PU RPOSE OF PROCESSING AND MANAGING 8
INFORMATION ABOUT CRIMINAL HISTORY RECORDS CHECKS FOR INDIVIDUALS 9
PROVIDING CHILD CARE SERVICES. 10
(II) THE PROGRAM MAY BE ST AFFED BY CREDENTIALI NG 11
SPECIALISTS IN THE R EGIONAL CHILD CARE L ICENSING OFFICES THR OUGHOUT THE 12
STATE. 13
(2) THE UNIT SHALL NOTIFY AN INDIVIDUAL WHO HAS SUBMITTED A N 14
APPLICATION FOR A CRIMINAL HISTORY REC ORDS CHECK: 15
(I) WITHIN 10 DAYS OF SUBMISSION OF RECEIPT AND STATU S 16
OF THE APPLICATION ; AND 17
(II) WITHIN 45 DAYS OF SUBMISSION , THE APPLICANT ’S 18
ELIGIBILITY TO PROVI DE CHILD CARE SERVIC ES IN A LICENSED OR REGISTER ED 19
CHILD CARE PROGRAM . 20
(C) (1) A CRIMINAL HISTORY REC ORDS CHECK OF AN INDIVIDUAL 21
APPROVED TO PROVIDE CHILD CARE SERVICES SHALL REMAIN VALID FOR 5 YEARS. 22
(2) (I) THE UNIT SHALL MAINTAIN A LIST OF INDIVIDUALS WHO 23
HAVE SUBMITTED CRIMINAL H ISTORY RECORDS CHECKS IN ACCORDANCE WITH 24
THIS SECTION. 25
(II) THE UNIT MAY SHARE THE NAME AND S TATUS OF AN 26
INDIVIDUAL ON THE LIST WITH: 27
1. A LICENSED CHILD CARE CE NTER, REGISTERED 28
FAMILY CHILD CARE HO ME, OR REGISTERED LARGE FAMILY CHILD C ARE HOME AT 29
WHICH THE INDIVIDUAL SEEKS TO VOLUNTEER OR BE EMPL OYED; AND 30
2. THE INDIVIDUAL. 31
HOUSE BILL 1254 3
(3) THE UNIT SHALL, ON REQUEST BY AN IND IVIDUAL OR CHILD CAR E 1
PROVIDER, PROVIDE WRITTEN NOTICE TO A LICENSED CHILD CARE CENTER , 2
REGISTERED FAMILY CHILD CARE HO ME, OR REGISTERED LARGE FAMILY CHILD 3
CARE HOME THAT AN INDIVIDUAL WHO SEEKS TO BE EMPLOYED BY OR VOLUNTEER 4
WITH THE CHILD CARE PROVIDER HAS A VALID CRIMINAL HISTORY RECORDS CHECK 5
ON FILE WITH THE DEPARTMENT . 6
9.5–118. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANING S 8
INDICATED. 9
(2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR 10
A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN IN A LICENSED CHILD 11
CARE CENTER, REGISTERED FAMILY CHILD CARE HO ME, OR REGISTERED LARGE 12
FAMILY CHILD CARE HO ME. 13
(II) “APPLICANT” INCLUDES A VOLUNTEER OR AN ADDITIONAL 14
ADULT WHO ASSISTS A CHILD CARE PROVIDER IN CARING FOR CHILDR EN IN A 15
FAMILY CHILD CARE HO ME OR A LARGE FAMIL Y CHILD CARE HOME . 16
(3) “CENTRAL REPOSITORY” MEANS THE CRIMINAL JUSTICE 17
INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC 18
SAFETY AND CORRECTIONAL SERVICES. 19
(B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 20
STATE AND NATIONAL CRIMINAL HISTORY REC ORDS CHECK. 21
(C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 22
CHECK, AN INDIVIDUAL SHALL COMPLETE AND SUBMIT TO THE CENTRAL 23
REPOSITORY: 24
(1) A COMPLETE SET OF LEGI BLE FINGERPRINTS TAK EN IN A FORMAT 25
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 26
OF THE FEDERAL BUREAU OF INVESTIGATION ; 27
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 28
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS ; 29
AND 30
(3) THE MANDATORY PROCESS ING FEE REQUIRED BY THE FEDERAL 31
BUREAU OF INVESTIGATION FOR A N ATIONAL CRIMINAL HIS TORY RECORDS CHECK . 32
4 HOUSE BILL 1254
(D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 1
PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 2
INDIVIDUAL AND THE UNIT IN THE STATE DEPARTMENT OF EDUCATION THE 3
INDIVIDUAL’S CRIMINAL HISTORY R ECORD INFORMATION . 4
(E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 5
THIS SECTION: 6
(1) IS CONFIDENTI AL; 7
(2) MAY NOT BE REDISSEMIN ATED; AND 8
(3) MAY BE USED ONLY FOR THE PURPOSE S AUTHORIZED BY THIS 9
TITLE. 10
(F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 11
SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 12
INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDE D IN § 10–223 OF 13
THE CRIMINAL PROCEDURE ARTICLE. 14
9.5–414. 15
(a) (1) Each employee, as defined in § 5–550 of the Family Law Article, of a 16
child care center that is required to be licensed or to hold a letter of compliance under this 17
subtitle shall apply to the Department of Human Services, on or before the first day of 18
actual employment, for a child abuse and neglect clearance. 19
(2) THE DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE 20
EMPLOYEE: 21
(I) WITHIN 10 DAYS OF SUBMISSION OF RECEIPT AND STATUS 22
OF THE APPLICATION ; AND 23
(II) WITHIN 45 DAYS OF SUBMISSION WHETHER THE EMPLOYEE 24
RECEIVED CHILD ABUSE AND NEGLECT CLEARANC E. 25
(3) A CHILD ABUSE AND NEGL ECT CLEARANCE OF AN EMPLOYEE 26
SHALL REMAIN VALID F OR 5 YEARS. 27
(4) (I) THE DEPARTMENT OF HUMAN SERVICES SHALL MAINTAIN 28
A LIST OF EMPLOYEES WHO HAVE APPLIED FOR CHILD ABUSE AND NEGL ECT 29
CLEARANCES . 30
HOUSE BILL 1254 5
(II) THE DEPARTMENT MAY SHARE THE NAME AND S TATUS OF 1
AN APPLICANT WITH : 2
1. A CHILD CARE CENTER FR OM WHICH THE INDIVID UAL 3
SEEKS EMPLOYMENT ; AND 4
2. THE APPLICANT. 5
(5) THE DEPARTMENT OF HUMAN SERVICES SHALL, ON REQUEST BY 6
AN INDIVIDUAL OR A CHILD CARE CENTER, PROVIDE WRITTEN NOTI CE TO A CHILD 7
CARE CENTER FOR WHICH AN INDIVID UAL SEEKS EMPLOYMENT THAT THE 8
INDIVIDUAL HAS RECEIVED A CHILD ABUSE AND NEGLECT CL EARANCE. 9
(b) The Department may prohibit the operator of a child care center that is 10
required to be licensed or to hold a letter of compliance under this subtitle from employing 11
an individual who: 12
(1) Has received a conviction, a probation before judgment disposition, a 13
not criminally responsible disposition, or a pending charge for any crime or attempted crime 14
enumerated in the regulations adopted by the Department of Public Safety and 15
Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or 16
(2) Has been identified as responsible for child abuse or neglect. 17
(c) The operator of a child care center that is required to be licensed or to hold a 18
letter of compliance under this subtitle shall immediately notify the Department of a 19
criminal history records check of an employee that reports a conviction, a probation before 20
judgment disposition, a not criminally responsible disposition, or a pending charge for any 21
crime or attempted crime enumerated in the regulations adopted by the Department of 22
Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law 23
Article. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26