EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1254*
HOUSE BILL 1254
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By: Delegate Wells
Introduced and read first time: February 8, 2024
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2024
CHAPTER ______
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, subject to the availability of existing 7
resources within certain State agencies; requiring the State Department of 8
Education to establish a dedicated unit to process certain criminal history records 9
checks, subject to the availability of existing resources within the State Department 10
of Education; requiring the Department of Human Services to provide notice of child 11
abuse and neglect clearance for employees at child care centers at certain times, in 12
a certain manner, and under certain circumstances, subject to the availability of 13
existing resources within the Department of Human Services; and generally relating 14
to criminal history records checks and child abuse and neglect clearances and child 15
care providers. 16
BY adding to 17
Article – Education 18
Section 9.5–117 and 9.5–118 19
Annotated Code of Maryland 20
(2022 Replacement Volume and 2023 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Education 23 2 HOUSE BILL 1254
Section 9.5–414 1
Annotated Code of Maryland 2
(2022 Replacement Volume and 2023 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Education 6
9.5–117. 7
(A) THE REQUIREMENTS OF T HIS SECTION ARE SUBJ ECT TO THE 8
AVAILABILITY OF EXIS TING RESOURCES WITH IN THE DEPARTMENT . 9
(A) (B) A PROSPECTIVE EMPLOYEE OR VOLUNTEER OR AN A DDITIONAL 10
ADULT WHO WILL HAVE A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN 11
AT A LICENSED CHILD CARE CENTER , REGISTERED FAMILY CH ILD CARE HOME , OR 12
REGISTERED LARGE FAM ILY CHILD CA RE HOME SHALL SUBMIT TO A CRIMINAL 13
HISTORY RECORDS CHEC K IN ACCORDANCE WITH § 9.5–118 OF THIS SUBTITLE. 14
(B) (C) (1) (I) THE DEPARTMENT SHALL ESTA BLISH A UNIT WITHIN 15
THE DEPARTMENT FOR THE DE DICATED PURPOSE OF P ROCESSING AND MANAGI NG 16
INFORMATION ABOUT CRIMINAL HISTORY REC ORDS CHECKS FOR INDI VIDUALS 17
PROVIDING CHILD CARE SERVICES. 18
(II) THE PROGRAM MAY BE ST AFFED BY CREDENTIALI NG 19
SPECIALISTS IN THE R EGIONAL CHILD CARE L ICENSING OFFICES THR OUGHOUT THE 20
STATE. 21
(2) THE UNIT SHALL NOTIFY AN INDIVIDUAL WH O HAS SUBMITTED AN 22
APPLICATION FOR A CR IMINAL HISTORY RECOR DS CHECK: 23
(I) WITHIN 10 DAYS OF SUBMISSION O F RECEIPT AND STATUS 24
OF THE APPLICATION ; AND 25
(II) WITHIN SUBJECT TO RECEIPT OF CRIMINAL HISTORY 26
RECORDS INFORMATION FROM THE CENTRAL REPOSITORY U NDER § 9.5–118 OF 27
THIS SUBTITLE, WITHIN 45 DAYS OF SUBMISSION , THE APPLICANT ’S ELIGIBILITY TO 28
PROVIDE CHILD CARE S ERVICES IN A LICENSE D OR REGISTERED CHIL D CARE 29
PROGRAM. 30
(C) (D) (1) A CRIMINAL HISTORY REC ORDS CHECK OF AN IND IVIDUAL 31
APPROVED TO PROVIDE CHILD CARE SERVICES SH ALL REMAIN VALID FOR 5 YEARS. 32
HOUSE BILL 1254 3
(2) (I) THE UNIT SHALL MAINTA IN A LIST OF INDIVID UALS WHO 1
HAVE SUBMITTED CRIMI NAL HISTORY RECORDS CHECKS IN ACCORDANCE WITH 2
THIS SECTION. 3
(II) THE UNIT MAY SHARE TH E NAME AND STATUS OF AN 4
INDIVIDUAL ON THE LIST WITH: 5
1. A LICENSED CHILD CARE CENTER, REGISTERED 6
FAMILY CHILD CARE HO ME, OR REGISTERED LARGE FAMILY CHILD CARE HO ME AT 7
WHICH THE INDIVIDUAL SEEKS TO VOLUNTEER O R BE EMPLOYED ; AND 8
2. THE INDIVIDUAL. 9
(3) THE UNIT SHALL, ON REQUEST BY AN INDIVIDUAL OR CHILD CARE 10
PROVIDER, PROVIDE WRITTEN NOTI CE TO A LICENSED CHI LD CARE CENTER , 11
REGISTERED FAMILY CH ILD CARE HOME , OR REGISTERED LARGE FAMILY CHILD 12
CARE HOME THAT AN IN DIVIDUAL WHO SEEKS T O BE EMPLOYED BY OR VOLUNTEER 13
WITH THE CHILD CARE PROVIDER HAS A VALID CRIMINAL HISTORY REC ORDS CHECK 14
ON FILE WITH THE DEPARTMENT . 15
9.5–118. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR 19
A POSITION INVOLVING DIRECT CONTACT WITH CHILDRE N IN A LICENSED CHIL D 20
CARE CENTER , REGISTERED FAMILY CH ILD CARE HOME , OR REGISTERED LARGE 21
FAMILY CHILD CARE HO ME. 22
(II) “APPLICANT” INCLUDES A VOLUNTEER OR AN ADDITIONAL 23
ADULT WHO ASSISTS A CHILD CARE PROVIDER IN CARING FOR CHILDR EN IN A 24
FAMILY CHILD CARE HO ME OR A LARGE FAMILY CHILD CARE HOME . 25
(3) “CENTRAL REPOSITORY” MEANS THE CRIMINAL JUSTICE 26
INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC 27
SAFETY AND CORRECTIONAL SERVICES. 28
(B) THE REQUIREMENTS OF T HIS SECTION ARE SUBJECT TO THE 29
AVAILABILITY OF EXIS TING RESOURCES WITHI N THE CENTRAL REPOSITORY. 30
(B) (C) AN APPLICANT SHALL AP PLY TO THE CENTRAL REPOSITORY FOR 31
A STATE AND NATIONAL CR IMINAL HISTORY RECOR DS CHECK. 32
4 HOUSE BILL 1254
(C) (D) AS PART OF THE APPLIC ATION FOR A CRIMINAL HISTORY 1
RECORDS CHECK , AN INDIVIDUAL SHALL COMPLETE AND SUBMIT TO THE CENTRAL 2
REPOSITORY: 3
(1) A COMPLETE SET OF LEGI BLE FINGERPRINTS TAK EN IN A FORMAT 4
APPROVED BY THE DIRECTOR OF THE CENTRAL REPOSITORY AND THE DIRECTOR 5
OF THE FEDERAL BUREAU OF INVESTIGATION; 6
(2) THE FEE AUTHORIZED UN DER § 10–221(B)(7) OF THE CRIMINAL 7
PROCEDURE ARTICLE FOR ACCESS TO MARYLAND CRIMINAL HIS TORY RECORDS ; 8
AND 9
(3) THE MANDATORY PROCESS ING FEE REQUIRED BY THE FEDERAL 10
BUREAU OF INVESTIGATION FOR A N ATIONAL CRIMINAL HIS TORY RECORDS CHECK . 11
(D) (E) IN ACCORDANCE WITH §§ 10–201 THROUGH 10–229 OF THE 12
CRIMINAL PROCEDURE ARTICLE, THE CENTRAL REPOSITORY SHALL FORW ARD TO 13
THE INDIVIDUAL AND T HE UNIT IN THE STATE DEPARTMENT OF EDUCATION THE 14
INDIVIDUAL’S CRIMINAL HISTORY R ECORD INFOR MATION. 15
(E) (F) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY 16
UNDER THIS SECTION : 17
(1) IS CONFIDENTIAL ; 18
(2) MAY NOT BE REDISSEMIN ATED; AND 19
(3) MAY BE USED ONLY FOR THE PURPOSES AUTHORI ZED BY THIS 20
TITLE. 21
(F) (G) THE SUBJECT OF A CRIM INAL HISTORY RECORDS CHECK UN DER 22
THIS SECTION MAY CON TEST THE CONTENTS OF THE CRIMINAL HISTORY RECORD 23
INFORMATION ISSUED B Y THE CENTRAL REPOSITORY AS PROVIDE D IN § 10–223 OF 24
THE CRIMINAL PROCEDURE ARTICLE. 25
9.5–414. 26
(a) (1) Each employee, as defined in § 5–550 of the Family Law Article, of a 27
child care center that is required to be licensed or to hold a letter of compliance under this 28
subtitle shall apply to the Department of Human Services, on or before the first day of 29
actual employment, for a child abuse and neglect clearance. 30
(2) THE DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE 31
EMPLOYEE: 32
HOUSE BILL 1254 5
(I) WITHIN 10 DAYS OF SUBMISSION O F RECEIPT AND STATUS 1
OF THE APPLICATION ; AND 2
(II) WITHIN 45 DAYS OF SUBMISSION W HETHER THE EMPLOYEE 3
RECEIVED CHILD ABUSE AND NEGLE CT CLEARANCE . 4
(3) A CHILD ABUSE AND NEGL ECT CLEARANCE OF AN EMPLOYEE 5
SHALL REMAIN VALID F OR 5 YEARS. 6
(4) (I) THE DEPARTMENT OF HUMAN SERVICES SHALL MAINTA IN 7
A LIST OF EMPLOYEES WHO HAVE APPLIED FOR CHILD ABUSE AND NEGL ECT 8
CLEARANCES . 9
(II) THE DEPARTMENT MAY SHARE THE NAME AND STATUS OF 10
AN APPLICANT WITH : 11
1. A CHILD CARE CENTER FR OM WHICH THE INDIVID UAL 12
SEEKS EMPLOYMENT ; AND 13
2. THE APPLICANT. 14
(5) THE DEPARTMENT OF HUMAN SERVICES SHALL, ON REQUEST BY 15
AN INDIVIDUAL OR A C HILD CARE CEN TER, PROVIDE WRITTEN NOTI CE TO A CHILD 16
CARE CENTER FOR WHIC H AN INDIVIDUAL SEEK S EMPLOYMENT THAT TH E 17
INDIVIDUAL HAS RECEI VED A CHILD ABUSE AN D NEGLECT CLEARANCE . 18
(6) THE REQUIREMENTS OF P ARAGRAPHS (2), (4), AND (5) OF THIS 19
SUBSECTION ARE SUBJE CT TO THE AVAILABILITY OF EXIS TING RESOURCES WITHI N 20
THE DEPARTMENT OF HUMAN SERVICES. 21
(b) The Department may prohibit the operator of a child care center that is 22
required to be licensed or to hold a letter of compliance under this subtitle from employing 23
an individual who: 24
(1) Has received a conviction, a probation before judgment disposition, a 25
not criminally responsible disposition, or a pending charge for any crime or attempted crime 26
enumerated in the regulations adopted by the Department of Public Safety an d 27
Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or 28
(2) Has been identified as responsible for child abuse or neglect. 29
(c) The operator of a child care center that is required to be licensed or to hold a 30
letter of compliance under this subtitle shall immediately notify the Department of a 31
criminal history records check of an employee that reports a conviction, a probation before 32
judgment disposition, a not criminally responsible disposition, or a pending charge for any 33 6 HOUSE BILL 1254
crime or attempted crime enumerated in the regulations adopted by the Department of 1
Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law 2
Article. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take eff ect 4
October 1, 2024. 5
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.