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<section article="gfl" article_name="Family Law" number="5-559" title_number="5" title_name="Children" subtitle_number="5" subtitle_name="Child Care; Foster Care">
  <level label="a">
    <text>In this section, “emergency out–of–home placement” means an out–of–home placement in which a local department places a child in the home of an individual described in § 5–551(b) of this subtitle as a result of a sudden unavailability of the child’s primary caretaker.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>In addition to the requirements under § 5–551(b) of this subtitle, if a child is placed in an emergency out–of–home placement, a local department may request that a designated State or local law enforcement agency in the State conduct a national name–based check on any individual described in § 5–551(b) of this subtitle.</text>
    </level>
    <level label="2">
      <text>The designated State or local law enforcement agency described in paragraph (1) of this subsection may provide the results of the name–based check to the local department.</text>
    </level>
    <level label="3">
      <text>Within 15 calendar days after the date on which the State or local law enforcement agency conducts the name–based check, the local department shall submit a complete set of fingerprints to the Department for each individual described in paragraph (1) of this subsection on whom a name–based check was conducted.</text>
    </level>
    <level label="4">
      <text>On receipt of the complete set of fingerprints described in paragraph (3) of this subsection, the Department shall perform a national criminal history records check, in accordance with § 5–555 of this subtitle.</text>
    </level>
  </level>
  <level label="c">
    <text>A child shall be removed immediately from an emergency out–of–home placement if any individual required to submit to a name–based check refuses to submit the follow–up fingerprints.</text>
  </level>
  <level label="d">
    <text>When the placement of a child in a home is denied as a result of a name–based criminal history records check of an individual and the individual contests that denial, the individual shall submit to the local department:</text>
    <level label="1">
      <text>a complete set of fingerprints; and</text>
    </level>
    <level label="2">
      <text>written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.</text>
    </level>
  </level>
  <level label="e">
    <text>An individual who is required to submit to a criminal history records check under this section shall pay the fees required under § 5–551(g) of this subtitle.</text>
  </level>
</section>
