| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb1254* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1254 | |
| 11 | 8 | F5, O4 4lr2453 | |
| 12 | 9 | CF 4lr3257 | |
| 13 | 10 | By: Delegate Wells | |
| 14 | 11 | Introduced and read first time: February 8, 2024 | |
| 15 | 12 | Assigned to: Ways and Means | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | House action: Adopted | |
| 18 | - | Read second time: March 5, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Child Care Providers – Criminal History Records Checks and Abuse and Neglect 2 | |
| 25 | 19 | Clearances – Requirements 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring certain individuals to submit to a criminal history records 4 | |
| 28 | 22 | check before the individual is authorized to have a position involving direct contact 5 | |
| 29 | 23 | with children in a licensed child care center, registered family child care home, or 6 | |
| 30 | - | registered large family child care home, subject to the availability of existing 7 | |
| 31 | - | resources within certain State agencies; requiring the State Department of 8 | |
| 32 | - | Education to establish a dedicated unit to process certain criminal history records 9 | |
| 33 | - | checks, subject to the availability of existing resources within the State Department 10 | |
| 34 | - | of Education; requiring the Department of Human Services to provide notice of child 11 | |
| 35 | - | abuse and neglect clearance for employees at child care centers at certain times, in 12 | |
| 36 | - | a certain manner, and under certain circumstances, subject to the availability of 13 | |
| 37 | - | existing resources within the Department of Human Services; and generally relating 14 | |
| 38 | - | to criminal history records checks and child abuse and neglect clearances and child 15 | |
| 39 | - | care providers. 16 | |
| 24 | + | registered large family child care home; requiring the State Department of 7 | |
| 25 | + | Education to establish a dedicated unit to process certain criminal history records 8 | |
| 26 | + | checks; requiring the Department of Human Services to provide notice of child abuse 9 | |
| 27 | + | and neglect clearance for employees at child care centers at certain times, in a certain 10 | |
| 28 | + | manner, and under certain circumstances; and generally relating to criminal history 11 | |
| 29 | + | records checks and child abuse and neglect clearances and child care providers. 12 | |
| 40 | 30 | ||
| 41 | - | BY adding to | |
| 42 | - | Article – Education | |
| 43 | - | Section 9.5–117 and 9.5–118 | |
| 44 | - | Annotated Code of Maryland | |
| 45 | - | (2022 Replacement Volume and 2023 Supplement) | |
| 31 | + | BY adding to 13 | |
| 32 | + | Article – Education 14 | |
| 33 | + | Section 9.5–117 and 9.5–118 15 | |
| 34 | + | Annotated Code of Maryland 16 | |
| 35 | + | (2022 Replacement Volume and 2023 Supplement) 17 | |
| 46 | 36 | ||
| 47 | - | BY repealing and reenacting, with amendments, 22 | |
| 48 | - | Article – Education 23 2 HOUSE BILL 1254 | |
| 37 | + | BY repealing and reenacting, with amendments, 18 | |
| 38 | + | Article – Education 19 | |
| 39 | + | Section 9.5–414 20 | |
| 40 | + | Annotated Code of Maryland 21 | |
| 41 | + | (2022 Replacement Volume and 2023 Supplement) 22 | |
| 42 | + | ||
| 43 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
| 44 | + | That the Laws of Maryland read as follows: 24 | |
| 45 | + | ||
| 46 | + | Article – Education 25 | |
| 47 | + | 2 HOUSE BILL 1254 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Section 9.5–414 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2022 Replacement Volume and 2023 Supplement) 3 | |
| 50 | + | 9.5–117. 1 | |
| 54 | 51 | ||
| 55 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4 | |
| 56 | - | That the Laws of Maryland read as follows: 5 | |
| 52 | + | (A) A PROSPECTIVE EMPLOYEE OR VOLUNTEER OR AN ADDITIONAL ADULT 2 | |
| 53 | + | WHO WILL HAVE A POSI TION INVOLVING DIREC T CONTACT WITH CHILD REN AT A 3 | |
| 54 | + | LICENSED CHILD CARE CENTER , REGISTERED FAMILY CHILD CARE HO ME, OR 4 | |
| 55 | + | REGISTERED LARGE FAMILY CHILD C ARE HOME SHALL SUBMI T TO A CRIMINAL 5 | |
| 56 | + | HISTORY RECORDS CHECK IN ACCORDANCE WITH § 9.5–118 OF THIS SUBTITLE. 6 | |
| 57 | 57 | ||
| 58 | - | Article – Education 6 | |
| 58 | + | (B) (1) (I) THE DEPARTMENT SHALL ESTABLISH A UNIT WITHIN THE 7 | |
| 59 | + | DEPARTMENT FOR THE DEDICATED PU RPOSE OF PROCESSING AND MANAGING 8 | |
| 60 | + | INFORMATION ABOUT CRIMINAL HISTORY RECORDS CHECKS FOR INDIVIDUALS 9 | |
| 61 | + | PROVIDING CHILD CARE SERVICES. 10 | |
| 59 | 62 | ||
| 60 | - | 9.5–117. 7 | |
| 63 | + | (II) THE PROGRAM MAY BE ST AFFED BY CREDENTIALI NG 11 | |
| 64 | + | SPECIALISTS IN THE R EGIONAL CHILD CARE L ICENSING OFFICES THR OUGHOUT THE 12 | |
| 65 | + | STATE. 13 | |
| 61 | 66 | ||
| 62 | - | ( | |
| 63 | - | ||
| 67 | + | (2) THE UNIT SHALL NOTIFY AN INDIVIDUAL WHO HAS SUBMITTED A N 14 | |
| 68 | + | APPLICATION FOR A CRIMINAL HISTORY REC ORDS CHECK: 15 | |
| 64 | 69 | ||
| 65 | - | (A) (B) A PROSPECTIVE EMPLOYEE OR VOLUNTEER OR AN A DDITIONAL 10 | |
| 66 | - | ADULT WHO WILL HAVE A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN 11 | |
| 67 | - | AT A LICENSED CHILD CARE CENTER , REGISTERED FAMILY CH ILD CARE HOME , OR 12 | |
| 68 | - | REGISTERED LARGE FAM ILY CHILD CA RE HOME SHALL SUBMIT TO A CRIMINAL 13 | |
| 69 | - | HISTORY RECORDS CHEC K IN ACCORDANCE WITH § 9.5–118 OF THIS SUBTITLE. 14 | |
| 70 | + | (I) WITHIN 10 DAYS OF SUBMISSION OF RECEIPT AND STATU S 16 | |
| 71 | + | OF THE APPLICATION ; AND 17 | |
| 70 | 72 | ||
| 71 | - | (B) (C) (1) (I) THE DEPARTMENT SHALL ESTA BLISH A UNIT WITHIN 15 | |
| 72 | - | THE DEPARTMENT FOR THE DE DICATED PURPOSE OF P ROCESSING AND MANAGI NG 16 | |
| 73 | - | INFORMATION ABOUT CRIMINAL HISTORY REC ORDS CHECKS FOR INDI VIDUALS 17 | |
| 74 | - | PROVIDING CHILD CARE SERVICES. 18 | |
| 73 | + | (II) WITHIN 45 DAYS OF SUBMISSION , THE APPLICANT ’S 18 | |
| 74 | + | ELIGIBILITY TO PROVI DE CHILD CARE SERVIC ES IN A LICENSED OR REGISTER ED 19 | |
| 75 | + | CHILD CARE PROGRAM . 20 | |
| 75 | 76 | ||
| 76 | - | (II) THE PROGRAM MAY BE ST AFFED BY CREDENTIALI NG 19 | |
| 77 | - | SPECIALISTS IN THE R EGIONAL CHILD CARE L ICENSING OFFICES THR OUGHOUT THE 20 | |
| 78 | - | STATE. 21 | |
| 77 | + | (C) (1) A CRIMINAL HISTORY REC ORDS CHECK OF AN INDIVIDUAL 21 | |
| 78 | + | APPROVED TO PROVIDE CHILD CARE SERVICES SHALL REMAIN VALID FOR 5 YEARS. 22 | |
| 79 | 79 | ||
| 80 | - | (2) THE UNIT SHALL NOTIFY AN INDIVIDUAL WH O HAS SUBMITTED AN 22 | |
| 81 | - | APPLICATION FOR A CR IMINAL HISTORY RECOR DS CHECK: 23 | |
| 80 | + | (2) (I) THE UNIT SHALL MAINTAIN A LIST OF INDIVIDUALS WHO 23 | |
| 81 | + | HAVE SUBMITTED CRIMINAL H ISTORY RECORDS CHECKS IN ACCORDANCE WITH 24 | |
| 82 | + | THIS SECTION. 25 | |
| 82 | 83 | ||
| 83 | - | ( | |
| 84 | - | ||
| 84 | + | (II) THE UNIT MAY SHARE THE NAME AND S TATUS OF AN 26 | |
| 85 | + | INDIVIDUAL ON THE LIST WITH: 27 | |
| 85 | 86 | ||
| 86 | - | (II) WITHIN SUBJECT TO RECEIPT OF CRIMINAL HISTORY 26 | |
| 87 | - | RECORDS INFORMATION FROM THE CENTRAL REPOSITORY U NDER § 9.5–118 OF 27 | |
| 88 | - | THIS SUBTITLE, WITHIN 45 DAYS OF SUBMISSION , THE APPLICANT ’S ELIGIBILITY TO 28 | |
| 89 | - | PROVIDE CHILD CARE S ERVICES IN A LICENSE D OR REGISTERED CHIL D CARE 29 | |
| 90 | - | PROGRAM. 30 | |
| 87 | + | 1. A LICENSED CHILD CARE CE NTER, REGISTERED 28 | |
| 88 | + | FAMILY CHILD CARE HO ME, OR REGISTERED LARGE FAMILY CHILD C ARE HOME AT 29 | |
| 89 | + | WHICH THE INDIVIDUAL SEEKS TO VOLUNTEER OR BE EMPL OYED; AND 30 | |
| 91 | 90 | ||
| 92 | - | (C) (D) (1) A CRIMINAL HISTORY REC ORDS CHECK OF AN IND IVIDUAL 31 | |
| 93 | - | APPROVED TO PROVIDE CHILD CARE SERVICES SH ALL REMAIN VALID FOR 5 YEARS. 32 | |
| 91 | + | 2. THE INDIVIDUAL. 31 | |
| 94 | 92 | HOUSE BILL 1254 3 | |
| 95 | 93 | ||
| 96 | 94 | ||
| 97 | - | (2) (I) THE UNIT SHALL MAINTA IN A LIST OF INDIVID UALS WHO 1 | |
| 98 | - | HAVE SUBMITTED CRIMI NAL HISTORY RECORDS CHECKS IN ACCORDANCE WITH 2 | |
| 99 | - | THIS SECTION. 3 | |
| 95 | + | (3) THE UNIT SHALL, ON REQUEST BY AN IND IVIDUAL OR CHILD CAR E 1 | |
| 96 | + | PROVIDER, PROVIDE WRITTEN NOTICE TO A LICENSED CHILD CARE CENTER , 2 | |
| 97 | + | REGISTERED FAMILY CHILD CARE HO ME, OR REGISTERED LARGE FAMILY CHILD 3 | |
| 98 | + | CARE HOME THAT AN INDIVIDUAL WHO SEEKS TO BE EMPLOYED BY OR VOLUNTEER 4 | |
| 99 | + | WITH THE CHILD CARE PROVIDER HAS A VALID CRIMINAL HISTORY RECORDS CHECK 5 | |
| 100 | + | ON FILE WITH THE DEPARTMENT . 6 | |
| 100 | 101 | ||
| 101 | - | (II) THE UNIT MAY SHARE TH E NAME AND STATUS OF AN 4 | |
| 102 | - | INDIVIDUAL ON THE LIST WITH: 5 | |
| 102 | + | 9.5–118. 7 | |
| 103 | 103 | ||
| 104 | - | 1. A LICENSED CHILD CARE CENTER, REGISTERED 6 | |
| 105 | - | FAMILY CHILD CARE HO ME, OR REGISTERED LARGE FAMILY CHILD CARE HO ME AT 7 | |
| 106 | - | WHICH THE INDIVIDUAL SEEKS TO VOLUNTEER O R BE EMPLOYED ; AND 8 | |
| 104 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANING S 8 | |
| 105 | + | INDICATED. 9 | |
| 107 | 106 | ||
| 108 | - | 2. THE INDIVIDUAL. 9 | |
| 107 | + | (2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR 10 | |
| 108 | + | A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN IN A LICENSED CHILD 11 | |
| 109 | + | CARE CENTER, REGISTERED FAMILY CHILD CARE HO ME, OR REGISTERED LARGE 12 | |
| 110 | + | FAMILY CHILD CARE HO ME. 13 | |
| 109 | 111 | ||
| 110 | - | (3) THE UNIT SHALL, ON REQUEST BY AN INDIVIDUAL OR CHILD CARE 10 | |
| 111 | - | PROVIDER, PROVIDE WRITTEN NOTI CE TO A LICENSED CHI LD CARE CENTER , 11 | |
| 112 | - | REGISTERED FAMILY CH ILD CARE HOME , OR REGISTERED LARGE FAMILY CHILD 12 | |
| 113 | - | CARE HOME THAT AN IN DIVIDUAL WHO SEEKS T O BE EMPLOYED BY OR VOLUNTEER 13 | |
| 114 | - | WITH THE CHILD CARE PROVIDER HAS A VALID CRIMINAL HISTORY REC ORDS CHECK 14 | |
| 115 | - | ON FILE WITH THE DEPARTMENT . 15 | |
| 112 | + | (II) “APPLICANT” INCLUDES A VOLUNTEER OR AN ADDITIONAL 14 | |
| 113 | + | ADULT WHO ASSISTS A CHILD CARE PROVIDER IN CARING FOR CHILDR EN IN A 15 | |
| 114 | + | FAMILY CHILD CARE HO ME OR A LARGE FAMIL Y CHILD CARE HOME . 16 | |
| 116 | 115 | ||
| 117 | - | 9.5–118. 16 | |
| 116 | + | (3) “CENTRAL REPOSITORY” MEANS THE CRIMINAL JUSTICE 17 | |
| 117 | + | INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC 18 | |
| 118 | + | SAFETY AND CORRECTIONAL SERVICES. 19 | |
| 118 | 119 | ||
| 119 | - | ( | |
| 120 | - | ||
| 120 | + | (B) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR A 20 | |
| 121 | + | STATE AND NATIONAL CRIMINAL HISTORY REC ORDS CHECK. 21 | |
| 121 | 122 | ||
| 122 | - | (2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR 19 | |
| 123 | - | A POSITION INVOLVING DIRECT CONTACT WITH CHILDRE N IN A LICENSED CHIL D 20 | |
| 124 | - | CARE CENTER , REGISTERED FAMILY CH ILD CARE HOME , OR REGISTERED LARGE 21 | |
| 125 | - | FAMILY CHILD CARE HO ME. 22 | |
| 123 | + | (C) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY RECORDS 22 | |
| 124 | + | CHECK, AN INDIVIDUAL SHALL COMPLETE AND SUBMIT TO THE CENTRAL 23 | |
| 125 | + | REPOSITORY: 24 | |
| 126 | 126 | ||
| 127 | - | ( | |
| 128 | - | ||
| 129 | - | ||
| 127 | + | (1) A COMPLETE SET OF LEGI BLE FINGERPRINTS TAK EN IN A FORMAT 25 | |
| 128 | + | APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 26 | |
| 129 | + | OF THE FEDERAL BUREAU OF INVESTIGATION ; 27 | |
| 130 | 130 | ||
| 131 | - | ( | |
| 132 | - | ||
| 133 | - | ||
| 131 | + | (2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 28 | |
| 132 | + | PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS ; 29 | |
| 133 | + | AND 30 | |
| 134 | 134 | ||
| 135 | - | (B) THE REQUIREMENTS OF T HIS SECTION ARE SUBJECT TO THE 29 | |
| 136 | - | AVAILABILITY OF EXIS TING RESOURCES WITHI N THE CENTRAL REPOSITORY. 30 | |
| 137 | - | ||
| 138 | - | (B) (C) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR 31 | |
| 139 | - | A STATE AND NATIONAL CR IMINAL HISTORY RECOR DS CHECK. 32 | |
| 135 | + | (3) THE MANDATORY PROCESS ING FEE REQUIRED BY THE FEDERAL 31 | |
| 136 | + | BUREAU OF INVESTIGATION FOR A N ATIONAL CRIMINAL HIS TORY RECORDS CHECK . 32 | |
| 140 | 137 | 4 HOUSE BILL 1254 | |
| 141 | 138 | ||
| 142 | 139 | ||
| 143 | - | (C) (D) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY 1 | |
| 144 | - | RECORDS CHECK , AN INDIVIDUAL SHALL COMPLETE AND SUBMIT TO THE CENTRAL 2 | |
| 145 | - | REPOSITORY: 3 | |
| 140 | + | (D) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE CRIMINAL 1 | |
| 141 | + | PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO THE 2 | |
| 142 | + | INDIVIDUAL AND THE UNIT IN THE STATE DEPARTMENT OF EDUCATION THE 3 | |
| 143 | + | INDIVIDUAL’S CRIMINAL HISTORY R ECORD INFORMATION . 4 | |
| 146 | 144 | ||
| 147 | - | (1) A COMPLETE SET OF LEGI BLE FINGERPRINTS TAK EN IN A FORMAT 4 | |
| 148 | - | APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 5 | |
| 149 | - | OF THE FEDERAL BUREAU OF INVESTIGATION; 6 | |
| 145 | + | (E) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY UNDER 5 | |
| 146 | + | THIS SECTION: 6 | |
| 150 | 147 | ||
| 151 | - | (2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 7 | |
| 152 | - | PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS ; 8 | |
| 153 | - | AND 9 | |
| 148 | + | (1) IS CONFIDENTI AL; 7 | |
| 154 | 149 | ||
| 155 | - | (3) THE MANDATORY PROCESS ING FEE REQUIRED BY THE FEDERAL 10 | |
| 156 | - | BUREAU OF INVESTIGATION FOR A N ATIONAL CRIMINAL HIS TORY RECORDS CHECK . 11 | |
| 150 | + | (2) MAY NOT BE REDISSEMIN ATED; AND 8 | |
| 157 | 151 | ||
| 158 | - | (D) (E) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE 12 | |
| 159 | - | CRIMINAL PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO 13 | |
| 160 | - | THE INDIVIDUAL AND T HE UNIT IN THE STATE DEPARTMENT OF EDUCATION THE 14 | |
| 161 | - | INDIVIDUAL’S CRIMINAL HISTORY R ECORD INFOR MATION. 15 | |
| 152 | + | (3) MAY BE USED ONLY FOR THE PURPOSE S AUTHORIZED BY THIS 9 | |
| 153 | + | TITLE. 10 | |
| 162 | 154 | ||
| 163 | - | (E) (F) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY 16 | |
| 164 | - | UNDER THIS SECTION : 17 | |
| 155 | + | (F) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UNDER THIS 11 | |
| 156 | + | SECTION MAY CONTEST THE CONTENTS OF THE CRIMINAL HISTORY REC ORD 12 | |
| 157 | + | INFORMATION ISSUED BY THE CENTRAL REPOSITORY AS PROVIDE D IN § 10–223 OF 13 | |
| 158 | + | THE CRIMINAL PROCEDURE ARTICLE. 14 | |
| 165 | 159 | ||
| 166 | - | ||
| 160 | + | 9.5–414. 15 | |
| 167 | 161 | ||
| 168 | - | (2) MAY NOT BE REDISSEMIN ATED; AND 19 | |
| 162 | + | (a) (1) Each employee, as defined in § 5–550 of the Family Law Article, of a 16 | |
| 163 | + | child care center that is required to be licensed or to hold a letter of compliance under this 17 | |
| 164 | + | subtitle shall apply to the Department of Human Services, on or before the first day of 18 | |
| 165 | + | actual employment, for a child abuse and neglect clearance. 19 | |
| 169 | 166 | ||
| 170 | - | ( | |
| 171 | - | ||
| 167 | + | (2) THE DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE 20 | |
| 168 | + | EMPLOYEE: 21 | |
| 172 | 169 | ||
| 173 | - | (F) (G) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UN DER 22 | |
| 174 | - | THIS SECTION MAY CON TEST THE CONTENTS OF THE CRIMINAL HISTORY RECORD 23 | |
| 175 | - | INFORMATION ISSUED B Y THE CENTRAL REPOSITORY AS PROVIDE D IN § 10–223 OF 24 | |
| 176 | - | THE CRIMINAL PROCEDURE ARTICLE. 25 | |
| 170 | + | (I) WITHIN 10 DAYS OF SUBMISSION OF RECEIPT AND STATUS 22 | |
| 171 | + | OF THE APPLICATION ; AND 23 | |
| 177 | 172 | ||
| 178 | - | 9.5–414. 26 | |
| 173 | + | (II) WITHIN 45 DAYS OF SUBMISSION WHETHER THE EMPLOYEE 24 | |
| 174 | + | RECEIVED CHILD ABUSE AND NEGLECT CLEARANC E. 25 | |
| 179 | 175 | ||
| 180 | - | (a) (1) Each employee, as defined in § 5–550 of the Family Law Article, of a 27 | |
| 181 | - | child care center that is required to be licensed or to hold a letter of compliance under this 28 | |
| 182 | - | subtitle shall apply to the Department of Human Services, on or before the first day of 29 | |
| 183 | - | actual employment, for a child abuse and neglect clearance. 30 | |
| 176 | + | (3) A CHILD ABUSE AND NEGL ECT CLEARANCE OF AN EMPLOYEE 26 | |
| 177 | + | SHALL REMAIN VALID F OR 5 YEARS. 27 | |
| 184 | 178 | ||
| 185 | - | (2) THE DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE 31 | |
| 186 | - | EMPLOYEE: 32 | |
| 179 | + | (4) (I) THE DEPARTMENT OF HUMAN SERVICES SHALL MAINTAIN 28 | |
| 180 | + | A LIST OF EMPLOYEES WHO HAVE APPLIED FOR CHILD ABUSE AND NEGL ECT 29 | |
| 181 | + | CLEARANCES . 30 | |
| 187 | 182 | HOUSE BILL 1254 5 | |
| 188 | 183 | ||
| 189 | 184 | ||
| 190 | - | ( | |
| 191 | - | ||
| 185 | + | (II) THE DEPARTMENT MAY SHARE THE NAME AND S TATUS OF 1 | |
| 186 | + | AN APPLICANT WITH : 2 | |
| 192 | 187 | ||
| 193 | - | | |
| 194 | - | ||
| 188 | + | 1. A CHILD CARE CENTER FR OM WHICH THE INDIVID UAL 3 | |
| 189 | + | SEEKS EMPLOYMENT ; AND 4 | |
| 195 | 190 | ||
| 196 | - | (3) A CHILD ABUSE AND NEGL ECT CLEARANCE OF AN EMPLOYEE 5 | |
| 197 | - | SHALL REMAIN VALID F OR 5 YEARS. 6 | |
| 191 | + | 2. THE APPLICANT. 5 | |
| 198 | 192 | ||
| 199 | - | (4) (I) THE DEPARTMENT OF HUMAN SERVICES SHALL MAINTA IN 7 | |
| 200 | - | A LIST OF EMPLOYEES WHO HAVE APPLIED FOR CHILD ABUSE AND NEGL ECT 8 | |
| 201 | - | CLEARANCES . 9 | |
| 193 | + | (5) THE DEPARTMENT OF HUMAN SERVICES SHALL, ON REQUEST BY 6 | |
| 194 | + | AN INDIVIDUAL OR A CHILD CARE CENTER, PROVIDE WRITTEN NOTI CE TO A CHILD 7 | |
| 195 | + | CARE CENTER FOR WHICH AN INDIVID UAL SEEKS EMPLOYMENT THAT THE 8 | |
| 196 | + | INDIVIDUAL HAS RECEIVED A CHILD ABUSE AND NEGLECT CL EARANCE. 9 | |
| 202 | 197 | ||
| 203 | - | (II) THE DEPARTMENT MAY SHARE THE NAME AND STATUS OF 10 | |
| 204 | - | AN APPLICANT WITH : 11 | |
| 198 | + | (b) The Department may prohibit the operator of a child care center that is 10 | |
| 199 | + | required to be licensed or to hold a letter of compliance under this subtitle from employing 11 | |
| 200 | + | an individual who: 12 | |
| 205 | 201 | ||
| 206 | - | 1. A CHILD CARE CENTER FR OM WHICH THE INDIVID UAL 12 | |
| 207 | - | SEEKS EMPLOYMENT ; AND 13 | |
| 202 | + | (1) Has received a conviction, a probation before judgment disposition, a 13 | |
| 203 | + | not criminally responsible disposition, or a pending charge for any crime or attempted crime 14 | |
| 204 | + | enumerated in the regulations adopted by the Department of Public Safety and 15 | |
| 205 | + | Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or 16 | |
| 208 | 206 | ||
| 209 | - | 2. | |
| 207 | + | (2) Has been identified as responsible for child abuse or neglect. 17 | |
| 210 | 208 | ||
| 211 | - | (5) THE DEPARTMENT OF HUMAN SERVICES SHALL, ON REQUEST BY 15 | |
| 212 | - | AN INDIVIDUAL OR A C HILD CARE CEN TER, PROVIDE WRITTEN NOTI CE TO A CHILD 16 | |
| 213 | - | CARE CENTER FOR WHIC H AN INDIVIDUAL SEEK S EMPLOYMENT THAT TH E 17 | |
| 214 | - | INDIVIDUAL HAS RECEI VED A CHILD ABUSE AN D NEGLECT CLEARANCE . 18 | |
| 209 | + | (c) The operator of a child care center that is required to be licensed or to hold a 18 | |
| 210 | + | letter of compliance under this subtitle shall immediately notify the Department of a 19 | |
| 211 | + | criminal history records check of an employee that reports a conviction, a probation before 20 | |
| 212 | + | judgment disposition, a not criminally responsible disposition, or a pending charge for any 21 | |
| 213 | + | crime or attempted crime enumerated in the regulations adopted by the Department of 22 | |
| 214 | + | Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law 23 | |
| 215 | + | Article. 24 | |
| 215 | 216 | ||
| 216 | - | (6) THE REQUIREMENTS OF P ARAGRAPHS (2), (4), AND (5) OF THIS 19 | |
| 217 | - | SUBSECTION ARE SUBJE CT TO THE AVAILABILITY OF EXIS TING RESOURCES WITHI N 20 | |
| 218 | - | THE DEPARTMENT OF HUMAN SERVICES. 21 | |
| 219 | - | ||
| 220 | - | (b) The Department may prohibit the operator of a child care center that is 22 | |
| 221 | - | required to be licensed or to hold a letter of compliance under this subtitle from employing 23 | |
| 222 | - | an individual who: 24 | |
| 223 | - | ||
| 224 | - | (1) Has received a conviction, a probation before judgment disposition, a 25 | |
| 225 | - | not criminally responsible disposition, or a pending charge for any crime or attempted crime 26 | |
| 226 | - | enumerated in the regulations adopted by the Department of Public Safety an d 27 | |
| 227 | - | Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or 28 | |
| 228 | - | ||
| 229 | - | (2) Has been identified as responsible for child abuse or neglect. 29 | |
| 230 | - | ||
| 231 | - | (c) The operator of a child care center that is required to be licensed or to hold a 30 | |
| 232 | - | letter of compliance under this subtitle shall immediately notify the Department of a 31 | |
| 233 | - | criminal history records check of an employee that reports a conviction, a probation before 32 | |
| 234 | - | judgment disposition, a not criminally responsible disposition, or a pending charge for any 33 6 HOUSE BILL 1254 | |
| 235 | - | ||
| 236 | - | ||
| 237 | - | crime or attempted crime enumerated in the regulations adopted by the Department of 1 | |
| 238 | - | Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law 2 | |
| 239 | - | Article. 3 | |
| 240 | - | ||
| 241 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 4 | |
| 242 | - | October 1, 2024. 5 | |
| 243 | - | ||
| 244 | - | ||
| 245 | - | ||
| 246 | - | ||
| 247 | - | Approved: | |
| 248 | - | ________________________________________________________________________________ | |
| 249 | - | Governor. | |
| 250 | - | ________________________________________________________________________________ | |
| 251 | - | Speaker of the House of Delegates. | |
| 252 | - | ________________________________________________________________________________ | |
| 253 | - | President of the Senate. | |
| 217 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 | |
| 218 | + | October 1, 2024. 26 |