1. (a) Each employee, as defined in § 5-550 of the Family Law Article, of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall apply to the Department of Human Services, on or before the first day of actual employment, for a child abuse and neglect clearance.

2. (b) The Department may prohibit the operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle from employing an individual who:

   1. (1) Has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or
   2. (2) Has been identified as responsible for child abuse or neglect.
3. (c) The operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall immediately notify the Department of a criminal history records check of an employee that reports a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article.

Added by Acts 2005, c. 359, § 1, eff. Oct. 1, 2005. Amended by Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2010, c. 72, § 1, eff. April 13, 2010. Transferred to Education § 9.5-414 by Acts 2016, c. 185, § 2, eff. June 1, 2016. Amended by Acts 2016, c. 185, § 4, eff. June 1, 2016; Acts 2016, c. 8, § 5; Acts 2017, c. 62, § 6.