Section 19-1910 – Immunity From Civil or Criminal Liability
The following persons or agencies shall have the immunity from civil or criminal liability described under § 5-619 of the Courts and Judicial Proceedings Article in connection with a criminal history records check under this subtitle: (1) An adult dependent care program; and (2) A State agency.
Section 19-1911 – Reference by Employer
(a) An employer providing a reference for employment under this subtitle and acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer. (b) An employer providing a reference under this subtitle shall be presumed […]
Section 19-1912 – Scope of Subtitle
Nothing in this subtitle may be construed to prevent an adult dependent care program from obtaining a criminal history records check or background check on any other individual applying for a job or volunteering services in the program.
Section 19-1901 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Adult dependent care program” means: (1) An adult day care facility regulated under Title 14, Subtitle 2 of this article; (2) An assisted living program facility regulated under Subtitle 18 of this title; (3) A group home regulated under Title 10, Subtitle 5 or Title 7, Subtitle 6 […]
Section 19-1902 – Criminal History Records Checks and Background Checks
(a) Before an eligible employee may begin work for an adult dependent care program, each adult dependent care program shall, for each eligible employee: (1) (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 […]
Section 19-1903 – Alcohol or Controlled Dangerous Substance Tests
(a) In addition to the checks required under this subtitle, an adult dependent care program may require an alcohol or controlled dangerous substance test of the potential employee. (b) An alcohol or controlled dangerous substance test conducted under this section shall comply with the provisions of § 17-214 of this article.
Section 19-1904 – Fingerprint Requirements; Submission of Materials by Program
(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 […]
Section 19-1905 – Disclosure Statement; Acknowledged Receipt of Application
(a) As part of the application process for a criminal history records check, an eligible employee shall complete and sign a disclosure statement. (b) The Department or its designee shall mail an acknowledged receipt of the application with a disclosure statement from an eligible employee within 3 days after receipt of the application to: (1) The adult dependent […]
Section 19-1906 – Findings by Private Agency
(a) If the adult dependent care program requests a private agency background check: (1) The private agency shall issue a statement of its findings to: (i) On request, the eligible employee; and (ii) The adult dependent care program; and (2) The eligible employee shall have an opportunity to contest the findings. (b) The adult dependent care program shall comply with the […]
Section 19-1907 – Printed Statements; Use of Information Obtained
(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 […]