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Children Empowerment

May 10, 2023

Don Walsh

In general, employees and employers who work in specified facilities and who care for or supervise children are required to apply for a national and State criminal history records check at any designated law enforcement office in the State or other location approved by the Department of Public Safety and Correctional Services. The Department has advised that it has been notified by the Federal Bureau of Investigation that certain provisions within the Family Law Article regarding checks are not in compliance with federal requirements. House Bill 1300 (passed) brings the relevant provisions of the Family Law Article into compliance with federal requirements by (1) specifying that a facility (instead of the employee or other individual) must apply to the Department of Public Safety and Correctional Services or the Central Repository for a national and State check for an employee or other individual; (2) specifying that, in accordance with provisions of the Criminal Procedure Article, the Central Repository must forward criminal history record information to the employee, employer, individual, or volunteer and the authorized agencies, as specified; (3 )repealing an authorization for a local department of social services to request that a location other than a designated State or local law enforcement agency perform a federal name‐based check for specified individuals when a child is placed in an emergency out-of-home placement; and (4) requiring a child to be removed immediately from an emergency out‐of‐home placement if an individual who is required to submit a name-based check refuses to submit the follow-up fingerprints.

New Maryland Bill brings protections for children more in line with federal standards.

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