Chapter 02. Criminal History Records Check of Individuals Who Care for or Supervise Children
Regulation .01 Purpose.LinkCopy Citation
This chapter establishes procedures for processing a criminal history records check under Family Law Article, §§5-560—5-569, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Application” means the form submitted by a covered individual to obtain a criminal history records check.
(2)
“Approved agency” means a government or nongovernment agency, other than a law enforcement agency designated by the Secretary, where fingerprints may be taken.
(3)
“Approved training” means Department of Public Safety and Correctional Services (Department) training of an employee of an approved agency to properly take fingerprints.
(4)
“Authorization number” means the identifier given to an employer, a regulatory authority, or a licensed child placement agency that authorizes receipt of a printed statement.
(5)
“Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(6)
“Conviction” means a plea or verdict of guilty, or a plea of nolo contendere.
(7)
Covered Individual.
(a)
“Covered individual” means an employer, employee, or other individual who is required, or who may be required, to obtain a criminal history records check under Family Law Article, §5-561, Annotated Code of Maryland.
(b)
“Covered individual” includes an employee who is 14 years old or older as of the date of an application for a criminal history records check.
(8)
Criminal History Records Check.
(a)
“Criminal history records check” means a record check of the criminal history record information (CHRI) maintained by the Central Repository or the Federal Bureau of Investigation.
(b)
“Criminal history records check” is limited to the existence of a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or pending criminal charge.
(9)
“Director” means the Director of the Criminal Justice Information System Central Repository.
(10)
“Disseminate” has the meaning stated in COMAR 12.15.01.02.
(11)
“Emergency out-of-home placement” means a local department places a child in the home of a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child’s primary caretaker.
(12)
“Employee” has the meaning stated in Family Law Article, §5-560, Annotated Code of Maryland.
(13)
“Employer” has the meaning stated in Family Law Article, §5-560, Annotated Code of Maryland.
(14)
“Facility” means a facility designated under Family Law Article, §5-561, Annotated Code of Maryland, whereby the employer and an employee are required to obtain a criminal history records check.
(15)
“Local Department” has the meaning stated in Family Law Article, §1-101(g)(1) and (2), Annotated Code of Maryland.
(16)
“Previously processed” means an individual who has obtained a criminal history records check under this chapter.
(17)
“Printed statement” means a document issued by the Central Repository containing the results of a criminal history records check under this chapter.
(18)
“Private entity” means:
(a)
A nongovernment agency; or
(b)
An employer.
(19)
“Reference number” is the preprinted identification number on a child care application for a criminal history records check.
(20)
“Regulatory authority” means a State, county, or local government agency responsible for licensing, registering, approving, or certifying a facility or a covered individual under Family Law Article, §5-561, Annotated Code of Maryland.
(21)
“Secretary” means the Secretary of Public Safety and Correctional Services.
(22)
Valid Photo Identification Document.
(a)
“Valid photo identification document” means a current, government-issued document containing the name, photograph, and date of birth of a covered individual that is used for positive identification.
(b)
“Valid photo identification document” includes:
(i)
A Maryland driver's license;
(ii)
A driver's license issued by another state, the District of Columbia, a United States territory, or a foreign government;
(iii)
A United States passport;
(iv)
A certificate of United States citizenship;
(v)
A certificate of naturalization;
(vi)
A current foreign passport;
(vii)
An alien registration card;
(viii)
A United States military identification card; or
(ix)
An identification card issued by a state or local government agency, the District of Columbia, a United States territory, or a foreign government.
Regulation .03 Application Process.LinkCopy Citation
A.
A covered individual applying for a printed statement shall:
(1)
Complete and submit an application to the Central Repository using a form approved by the Central Repository that provides identifying information, including the covered individual's Social Security number, that is used by the Central Repository to verify identity and preserve the security of information maintained by the Central Repository;
(2)
Submit a complete set of legible fingerprints in a format approved by the Central Repository and the FBI; and
(3)
Except for provisions under §B of this regulation, pay processing fees authorized under Family Law Article, §5-561(g), Annotated Code of Maryland, and Regulation .04 of this chapter.
B.
The processing fee required under §A(3) of this regulation established under:
(1)
Regulation .04A of this chapter may be paid by an employer or other party; or
(2)
Family Law Article, §5-561(h)(2), Annotated Code of Maryland, shall be reimbursed by a local department of social services to an adult who is a covered individual residing in a foster care home.
C.
When to Apply.
(1)
An employee shall apply for a criminal history records check on or before the first day of actual employment at a facility.
(2)
An employer shall apply for a criminal history records check on or before the first day of actual operation of a facility.
(3)
Not later than 5 working days after a child, committed to a local department of social services, is placed by that department with an adult relative, a covered individual under Family Law Article, §5-561(c) or (e), Annotated Code of Maryland, shall apply for a printed statement.
(4)
A covered individual seeking to adopt a child through a local department of social services or licensed child placement agency shall apply for a printed statement on or before the submission of the application for adoption.
D.
Fingerprinting Process.
(1)
A covered individual applying for a printed statement shall have a complete set of legible fingerprints taken in a format approved by the Central Repository at a designated law enforcement agency or approved agency.
(2)
Before being fingerprinted, a covered individual shall present a valid photo identification document.
(3)
After verifying identification of a covered individual, a designated law enforcement agency or approved agency shall fingerprint the covered individual.
(4)
Payment of the Fingerprinting Fee.
(a)
The fee, if any, for taking fingerprints shall be paid directly to the designated law enforcement agency or approved agency providing the fingerprinting service.
(b)
The fee under §D(4)(a) of this regulation excludes the processing fees under Family Law Article, §5-561, Annotated Code of Maryland.
(5)
Rejection of Illegible Fingerprints.
(a)
If a covered individual's fingerprints are rejected as illegible by the Central Repository or the FBI, the covered individual shall be refingerprinted by the designated law enforcement agency or approved agency taking the rejected fingerprints.
(b)
If the Central Repository rejects a covered individual's fingerprints a second time as illegible, the Central Repository may decide to waive the fingerprint requirement and require other documentation for use to complete the criminal history records check.
E.
Previously Processed Individual.
(1)
Resuming Work for Same Employer.
(a)
A previously processed individual who ceases working and later resumes work for the same employer is not required to resubmit an application with fingerprints and fees under §A of this regulation if the employer has maintained the previously processed individual's name on the Central Repository's list of previously processed individuals.
(b)
Upon resuming work, an employer may require a previously processed individual to obtain a national criminal history records check and pay the applicable fee.
(2)
Additional or Subsequent Employment.
(a)
Except as provided under Family Law Article, §5-564(d)(2), Annotated Code of Maryland, and §E(2)(b)—(d) of this regulation:
(i)
An employee who has been previously processed shall submit an application, with fingerprints and the State and federal processing fees, when applying to work for another employer.
(ii)
A criminal history records check contained in a printed statement may not be redisseminated.
(b)
An employee may request, using a form approved by the Central Repository, that the Central Repository send a copy of the State and national printed statement under Regulations .06 and .07 of this chapter to an additional or subsequent employer.
(c)
A request under §E(2)(b) of this regulation shall contain identifying information, including the:
(i)
Reference number from the most recent child care application that included fingerprints; and
(ii)
Authorization number of an employer who is to receive a printed statement.
(d)
The Central Repository shall issue a copy of the printed statement if:
(i)
A written request from the previously processed individual is received by the Central Repository;
(ii)
The written request is received within 180 days of the date of the receipt of the most recent child care application; and
(iii)
The most recent child care application included fingerprints and the required processing fees.
F.
Access to Fingerprinting Services.
(1)
Except for legal holidays, a designated law enforcement agency and approved agency shall establish a schedule for fingerprinting services and make the schedule available to the public.
(2)
The Central Repository shall provide fingerprinting services and process an application for the printed statement during regular State office hours.
Regulation .04 Payment of Processing Fees.LinkCopy Citation
A.
The Central Repository shall collect the nonrefundable fees for a printed statement authorized under Family Law Article, §5-561, Annotated Code of Maryland, and COMAR 12.15.01.15.
B.
Except as provided in §C of this regulation, processing fees shall be:
(1)
Due at the time the application and fingerprints are submitted to the Central Repository;
(2)
Except under §B(3) of this regulation, payable to the Central Repository in the form of:
(a)
Certified check;
(b)
Cashier’s check;
(c)
Money order; or
(d)
Personal check; or
(3)
Rendered by an alternative method approved in writing by the Central Repository.
C.
The Central Repository may establish a separate processing fee payment procedure for a government agency or private organization.
D.
A covered individual is not required to pay a processing fee to:
(1)
Update and issue a revised printed statement;
(2)
Contest a criminal conviction, probation before judgment disposition, not criminally responsible disposition, or a pending criminal charge reported in a Maryland printed statement; or
(3)
Request a copy of a printed statement to be submitted to an additional or subsequent employer.
Regulation .05 Designated Law Enforcement Agencies and Approved Agencies for Fingerprinting.LinkCopy Citation
The Central Repository may designate State and local law enforcement or other approved agencies to provide fingerprinting services according to provisions under COMAR 12.15.01.20.
Regulation .06 Conducting the Criminal History Records Check.LinkCopy Citation
A.
The Central Repository shall process an application for a criminal history records check according to provisions in Family Law Article, §§5-563 and 5-564, Annotated Code of Maryland.
B.
Subject to Regulation .07 of this chapter, the Central Repository shall issue separate printed statements containing the results of the:
(1)
State criminal history records check; and
(2)
National criminal history records check.
Regulation .07 Processing a Criminal History Records Check Received From the FBI.LinkCopy Citation
A.
Except as provided in §B of this regulation, the Central Repository shall issue a printed statement to a regulatory authority and a covered individual that discloses the results of a national criminal history records check received from the FBI.
B.
The Central Repository shall distribute a printed statement according to federal law and regulations governing dissemination of FBI identification records.
C.
Limits of Disclosure in a Printed Statement.
(1)
The Central Repository shall issue a printed statement to a:
(a)
Licensed child placement agency; or
(b)
Private entity.
(2)
Except for necessary administrative or personal identification information and the date on which the criminal history records check was completed, the printed statement shall only contain a statement that the Central Repository did or did not conduct a criminal history records check according to requirements under Regulation .06 of this chapter.
(3)
A printed statement issued under this regulation shall be issued according to federal law and regulation governing the dissemination of FBI identification records.
Regulation .08 Issuance of a Revised Printed Statement.LinkCopy Citation
A revised statement shall be processed and distributed according to provisions under COMAR 12.15.01.19.
Regulation .09 Confidentiality and Dissemination of Information.LinkCopy Citation
A.
A criminal history records check conducted by the Central Repository is confidential and may not be:
(1)
Used for a purpose other than that for which it is disseminated; or
(2)
Redisseminated.
B.
The results of a criminal history records check may be disseminated only to:
(1)
A covered individual who is the subject of the criminal history records check; and
(2)
An employer, appropriate regulatory authority, licensed child placement agency, or private entity involved in the licensing, registration, hiring, certification, or approval process authorized by statute or regulation.
C.
Confidential information obtained from the Central Repository shall be maintained in a manner to ensure that only a person authorized under Family Law Article, §§5-563(b) and 5-564(d), Annotated Code of Maryland, and this chapter have access to that information.
D.
An employer, regulatory authority, private entity, or licensed child placement agency authorized to receive a printed statement from the Central Repository under these regulations for a covered individual shall provide the covered individual, who is the subject of the printed statement, with a copy of the printed statement if the covered individual requests a copy of the printed statement.
Regulation .10 Right of a Covered Individual to Appeal the Findings in a Printed Statement.LinkCopy Citation
A.
A covered individual may appeal the findings in a printed statement containing a conviction, probation before judgment disposition, not criminally responsible disposition, or pending charge received from the FBI by complying with applicable federal regulations to challenge and seek to correct a record.
B.
A covered individual may appeal the content of a printed statement containing a conviction, probation before judgment disposition, not criminally responsible disposition, or pending charge occurring in the State according to provisions under COMAR 12.15.01.07.
Regulation .11 Referrals of Alleged Violations of Law.LinkCopy Citation
A criminal violation under Family Law Article, §5-566, Annotated Code of Maryland, shall be referred to the State's attorney of the jurisdiction where the alleged violation occurred.
Regulation .12 Emergency Out-of-Home Placement.LinkCopy Citation
A.
When a child is subject to an emergency out-of-home placement, a local department may request that a designated State or local law enforcement agency authorized under Regulation .05 of this chapter, or other agency approved by the Department, perform a federal name-based records check on an individual described in Family Law Article, §§5-561(c)(4), (5)(ii), and (6)(ii), Annotated Code of Maryland.
B.
An agency performing a federal name-based records check under §A of this regulation may provide the results of the federal name-based records check to the local department making the request.
C.
Within 15 calendar days after a local department receives the results of a federal name-based records check, a representative of the local department shall submit to the Department a complete a set of fingerprints for each individual subject to a federal name-based records check according to §A of this regulation.
D.
When the Department receives a complete set of fingerprints for an individual subject to the federal name-based records check from a local department, the Department shall perform a criminal history records check authorized under Family Law Article, §5-564, Annotated Code of Maryland.
E.
The Department shall perform a criminal history records check authorized under Family Law Article, §5-564, Annotated Code of Maryland, according to Regulation .06 of this chapter.
F.
A local department shall immediately remove a child subject to an emergency out-of-home placement if an individual required to submit to a federal name-based records check does not comply with a requirement to submit to the federal name-based records check.
G.
When a child’s emergency out-of-home placement is denied as a result of a criminal history records check required under this regulation, the individual with the criminal history records check that is the basis for the denial may appeal the action as provided under Criminal Procedure Article, §10-227, Annotated Code of Maryland.
H.
An individual required to submit to a criminal history records check under this regulation shall pay the fees established under Family Law Article, §5-561(h), Annotated Code of Maryland.
Chapter annotations
Authority: Correctional Services Article, §2-109; Family Law Article, §§5-560—5-569; Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.09 under COMAR 12.06.11 adopted as an emergency provision effective September 24, 1986 (13:21 Md. R. 2316); emergency status extended at 14:2 Md. R. 125; emergency status expired March 15, 1987
History: Regulations .01—.09 under COMAR 12.06.11 adopted effective June 1, 1987 (14:11 Md. R. 1261)
History: Regulations .01—.09 under COMAR 12.06.11 Criminal Background Investigations for Employees and Employers of Child Care Facilities repealed effective April 12, 1993 (20:7 Md. R. 642)
History: Regulations .01—.08 under COMAR 12.15.02 Criminal Background Investigations for the Employee and Employer of a Child Care Facility adopted effective April 12, 1993 (20:7 Md. R. 642)
History: Regulations .01—.08, Criminal Background Investigations for the Employee and Employer of a Child Care Facility, repealed and Regulations .01—.12, Criminal History Records Check of Individuals Who Care for or Supervise Children, adopted effective October 6, 1997 (24:20 Md. R. 1404)
History: Regulation .02B amended effective March 7, 2011 (38:5 Md. R. 318)
History: Regulation .13 adopted effective March 7, 2011 (38:5 Md. R. 318)
History: Chapter revised effective November 25, 2013 (40:23 Md. R. 1935)