Maryland - 2001

SENATE BILL 312

Unofficial Copy 2000 Regular Session

By: Senator Middleton

Introduced and read first time: February 1, 2000

Assigned to: Finance

______________________________________

Committee Report: Favorable with amendments

Senate action: Adopted

Read second time: February 22, 2000

__________________________________________

CHAPTER_______

   1  AN ACT concerning

Adult Dependent Care Programs - State Criminal History Records Checks and Private Agency Background Checks

  FOR the purpose of requiring a private agency, if an adult dependent care program requests a background check, to conduct a check in certain states under certain  circumstances; requiring a private agency and an adult dependent care program   to issue a statement of findings in certain circumstances; requiring the   Department of Public Safety and Correctional Services to provide a certain   statement to certain persons; defining a certain term; and generally relating to  State criminal history records checks and private agency background checks for individuals seeking employment with an adult dependent care program.

   BY repealing and reenacting, with amendments,

          Article - Health - General

         Section 19-1901(h), 19-1902, 19-1904, 19-1906, and 19-1907

          Annotated Code of Maryland

           (1996 Replacement Volume and 1999 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF   MARYLAND, That the Laws of Maryland read as follows:

                                 Article - Health - General

   (h)          "Private [entity" means any individual or business who is not an employer,  as defined in this section] AGENCY" MEANS A PERSON THAT:

(1)          IS LICENSED AS A PRIVATE DETECTIVE AGENCY UNDER TITLE 13,  SUBTITLE 3 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE;

 (2)          MAINTAINS AN ERRORS AND OMISSIONS INSURANCE POLICY IN AN AMOUNT NOT LESS THAN $1,000,000;

 (3)          OFFERS CUSTOMER ASSISTANCE IN THE USE OF BACKGROUND CHECKS FOR EMPLOYMENT PURPOSES; AND

 (4)          IS CAPABLE OF CONDUCTING A BACKGROUND CHECK WITHIN THE  STATE WITHIN 2 WORKING DAYS OF A REQUEST AND OUTSIDE THE STATE WITHIN 5  WORKING DAYS OF A REQUEST.

   (a)          Before an eligible employee may begin work for an adult dependent care program, each adult dependent care program shall, for each eligible employee:

 (i)           Apply for a State criminal history records check; or 

 (ii)          Request a private agency to conduct a background check; and  

(2)          Request a reference from the potential employee's most recent employer. 

(b)          The reference request required under subsection (a)(2) of this section shall, at a minimum, seek information about any history of physical abuse on the part of the potential employee.

 (c)          An adult dependent care program shall pay for each eligible employee:

                (1)          A State criminal history records check; or 

                (2)          A private agency background check.

 (D)         IF AN ADULT DEPENDENT CARE PROGRAM REQUESTS A PRIVATE AGENCY

TO CONDUCT A BACKGROUND CHECK, THE PRIVATE AGENCY SHALL CONDUCT A   BACKGROUND CHECK IN EACH STATE IN WHICH THE ADULT DEPENDENT CARE   PROGRAM KNOWS OR HAS REASON TO KNOW THE ELIGIBLE EMPLOYEE WORKED OR RESIDED DURING THE PAST 7 YEARS.

 (a)          As part of the application for a STATE criminal history records check TO BE   CONDUCTED BY THE DEPARTMENT, an eligible employee shall submit to the Adult   Dependent Care Program:

 (1)          Except as provided in subsection (c) of this section, a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice   Information System Central Repository; and                                                                                  

 (2)          The disclosure statement required under § 19-1905 of this subtitle. 

2 (b)          The Adult Dependent Care Program shall submit the fingerprints, disclosure statement, and payment for the costs of the criminal history records check.  

(c)          The requirement that a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository be submitted as part of the application for a criminal history records check may be waived by the Department if:

(1)          The eligible employee has attempted to have a complete set of   fingerprints taken on at least [three] TWO occasions;

(2)          The taking of a complete set of legible fingerprints is not possible because of a physical or medical condition of the eligible employee's fingers or hands;

 (3)          The eligible employee submits documentation satisfactory to the   Department of the requirements of this subsection; and

 (4)          The eligible employee submits the other information required for a criminal history records check TO BE CONDUCTED BY THE DEPARTMENT AS PART OF THE APPLICATION PROCESS.

(a)          If the Adult Dependent Care Program requests a private agency background check[,]:

(1)          [the] THE private agency shall issue a statement of its findings to:                                (I)           [the] ON REQUEST, THE eligible employee; and                                  (II)          [the] THE Adult Dependent Care Program; and

  [(b)]        (2)          The eligible employee shall have an opportunity to contest the findings.

 (B)         THE ADULT DEPENDENT CARE PROGRAM SHALL COMPLY WITH THE  FEDERAL FAIR CREDIT REPORTING ACT THAT INCLUDES THE ISSUANCE OF A  STATEMENT BY THE PROGRAM OF ITS FINDINGS TO AN ELIGIBLE EMPLOYEE WHEN   ADVERSE INFORMATION IS OBTAINED THAT PRECLUDES THE HIRING OF THAT EMPLOYEE.

(a)          (1)          The Department shall conduct the criminal history records check and   issue the printed statement provided for under this subtitle.

               (2)          The Department shall update an initial criminal history records check and issue a revised printed statement, listing any of the convictions or pending charges occurring in the State after the date of the initial criminal history records check.

               (3)          THE DEPARTMENT SHALL PROVIDE AN INITIAL AND A REVISED STATEMENT OF AN ELIGIBLE EMPLOYEE'S STATE CRIMINAL RECORD TO THE   RECIPIENTS OF THE ACKNOWLEDGMENTS SPECIFIED IN § 19-1905(B) OF THIS SUBTITLE.

                 (4)          The Department shall adopt regulations requiring employers to verify periodically the continuing employment of an employee.

                  (b)          The Department shall provide a printed statement of the eligible   employee's state criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.

               (c)          Information obtained from the Department or a private agency under this  subtitle shall be confidential and may be disseminated only to the eligible employee   who is the subject of the criminal history records check or private agency background check and to an adult dependent care program seeking to hire the eligible employee.

               (d)          Information obtained from the Department or a private agency under this  subtitle may not:

(1)          Be used for any purpose other than that for which it was disseminated; or

              (2)          Be redisseminated.

       (e)          Information obtained from the Department or a private agency under this  subtitle shall be maintained in a manner to insure the security of the information.

       SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect

  24  October 1, 2000.