1. A. Before agency employment or approval as a volunteer or governing board member, any applying employee, volunteer, or governing board member who is in close proximity to children as part of the authorized function of the position is subject to a:

   1. (1) State and federal criminal background check; and
   2. (2) Review of child abuse and neglect records from the local department in the jurisdiction where the applicant resides.

2. B. The agency shall reject the applying employee, volunteer, or governing board member if:

   1. (1) The applicant is a minor;
   2. (2) The applicant refuses to consent to a required criminal background check and child protective services clearance;
   3. (3) The applicant has an indicated child abuse or neglect finding; or

   4. (4) A criminal background check reveals that an applicant has had a conviction:

      1. (a) For child abuse or neglect, a domestically related assault or battery, any crime against children, rape, sexual assault, sexual offense, homicide, human trafficking, or a crime of violence as defined in Family Law Article, §5-101, Annotated Code of Maryland; or
      2. (b) Within the 5 years before the application date, for misdemeanor assault or battery that is not domestically related or a felony offense related to a controlled dangerous substance.

3. C. Application Restrictions.

   1. (1) Pending Child Abuse or Neglect Investigation.

      1. (a) If the applicant has a pending child abuse or neglect investigation, the agency may not proceed with the application.
      2. (b) The agency may decide to proceed with the application after the investigation is completed.

   2. (2) Unresolved Criminal Charge.

      1. (a) If an applicant has an unresolved criminal charge for a crime listed in §B(4) of this regulation, the agency may not proceed with the application.
      2. (b) The agency may decide to proceed with the application after the charge is resolved.

4. D. Before hiring staff or approving volunteers and board members, the agency shall:

   1. (1) Obtain written references with documented supporting telephone or personal interviews from three unrelated individuals and present and former employers; and
   2. (2) Determine from the references and interviews if there is any known reason why the individual should not or is not able to perform assigned duties and assume appropriate responsibilities.

Authority: Human Services Article, §2-209 Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 42 U.S.C. §621 et seq.; 45 CFR 1355—1357

Effective date: January 12, 2001 (27:26 Md. R. 2357)

Regulation .14C amended as an emergency action effective July 1, 2023 (50:15 Md. R. 679); emergency status expired December 28, 2023

Chapter revised effective April 14, 2025 (52:7 Md. R. 321)

Regulation .02B amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .09 amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .14A amended effective February 2, 2026 (53:2 Md. R. 61)

Regulation .17 amended effective February 2, 2026 (53:2 Md. R. 61)