Md. Code Ann., Fam. Law § 5-559
Emergency out-of-home placements
Effective Apr 28, 2026Added as Family Law § 5-569 by Acts 2008, c. 263, § 1, eff. Oct. 1, 2008. Amended by Acts 2013, c. 43, § 5. Renumbered as Family Law § 5-559 by Acts 2016, c. 185, § 3, eff. June 1, 2016. Amended by Acts 2016, c. 185, § 4, eff. June 1, 2016; Acts 2023, c. 144, § 1, eff. Oct. 1, 2023; Acts 2026, c. 266, § 1, eff. April 28, 2026.State of Maryland
- (a) 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.
(b)
- (1) 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.
- (2) 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.
- (3) 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.
- (4) 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.
- (c) 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.
(d) 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:
- (1) a complete set of fingerprints; and
- (2) written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.
- (e) 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.
Added as Family Law § 5-569 by Acts 2008, c. 263, § 1, eff. Oct. 1, 2008. Amended by Acts 2013, c. 43, § 5. Renumbered as Family Law § 5-559 by Acts 2016, c. 185, § 3, eff. June 1, 2016. Amended by Acts 2016, c. 185, § 4, eff. June 1, 2016; Acts 2023, c. 144, § 1, eff. Oct. 1, 2023; Acts 2026, c. 266, § 1, eff. April 28, 2026.