1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Application” means the form submitted by a covered individual to obtain a criminal history records check.
   2. (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. (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. (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. (5) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
   6. (6) “Conviction” means a plea or verdict of guilty, or a plea of nolo contendere.

   7. (7) Covered Individual.

      1. (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.
      2. (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. (8) Criminal History Records Check.

      1. (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.
      2. (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. (9) “Director” means the Director of the Criminal Justice Information System Central Repository.
   10. (10) “Disseminate” has the meaning stated in COMAR 12.15.01.02.
   11. (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. (12) “Employee” has the meaning stated in Family Law Article, §5-560, Annotated Code of Maryland.
   13. (13) “Employer” has the meaning stated in Family Law Article, §5-560, Annotated Code of Maryland.
   14. (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. (15) “Local Department” has the meaning stated in Family Law Article, §1-101(g)(1) and (2), Annotated Code of Maryland.
   16. (16) “Previously processed” means an individual who has obtained a criminal history records check under this chapter.
   17. (17) “Printed statement” means a document issued by the Central Repository containing the results of a criminal history records check under this chapter.

   18. (18) “Private entity” means:

       1. (a) A nongovernment agency; or
       2. (b) An employer.
   19. (19) “Reference number” is the preprinted identification number on a child care application for a criminal history records check.
   20. (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. (21) “Secretary” means the Secretary of Public Safety and Correctional Services.

   22. (22) Valid Photo Identification Document.

       1. (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.

       2. (b) “Valid photo identification document” includes:

          1. (i) A Maryland driver's license;
          2. (ii) A driver's license issued by another state, the District of Columbia, a United States territory, or a foreign government;
          3. (iii) A United States passport;
          4. (iv) A certificate of United States citizenship;
          5. (v) A certificate of naturalization;
          6. (vi) A current foreign passport;
          7. (vii) An alien registration card;
          8. (viii) A United States military identification card; or
          9. (ix) An identification card issued by a state or local government agency, the District of Columbia, a United States territory, or a foreign government.

Authority: Correctional Services Article, §2-109; Family Law Article, §§5-560—5-569; Annotated Code of Maryland

Effective date:

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

Regulations .01—.09 under COMAR 12.06.11 adopted effective June 1, 1987 (14:11 Md. R. 1261)

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)

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)

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)

Regulation .02B amended effective March 7, 2011 (38:5 Md. R. 318)

Regulation .13 adopted effective March 7, 2011 (38:5 Md. R. 318)

Chapter revised effective November 25, 2013 (40:23 Md. R. 1935)