Current with changes from the 2024 Legislative Session
Section 5-559 - Criminal history records checks in emergency out-of-home placements(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 a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child's primary caretaker.(b)(1) 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 perform a federal name-based check on any individual described in § 5-551(b)(4), (5)(iii), and (7)(ii) of this subtitle.(2) The designated 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 local department receives the results of 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 performed.(4) Within 15 calendar days after the name-based check, the Department shall perform a 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.Amended by 2023 Md. Laws, Ch. 144, Sec. 1, eff. 10/1/2023.Amended by 2016 Md. Laws, Ch. 185, Sec. 4, eff. 6/1/2016.Renumbered by 2016 Md. Laws, Ch. 185, Sec. 3, eff. 6/1/2016.