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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
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*hb0635*
HOUSE BILL 635
F5 6lr2800
CF SB 359
By: Delegates Miller, Alston, and Mireku–North Mireku–North, Addison, Buckel,
Coley, Ebersole, Feldmark , Griffith, Hartman, Hornberger, R. Long,
Palakovich Carr, Pasteur, Patterson, Roberson, Wilkins, and Wims
Introduced and read first time: January 30, 2026
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2026
CHAPTER ______
AN ACT concerning 1
Child Care Facilities – Criminal History Records Check – Requirement 2
FOR the purpose of repealing the limitation on the number of Deputy State 3
Superintendents of Schools that the State Superintendent can appoint; requiring 4
individuals who will have direct contact with children in certain child care facilities 5
to submit to a criminal history records check; requiring the State Department of 6
Education to establish a centralized unit for the processing and management of 7
information about criminal history records checks on or before a certain date ; 8
altering the applicability of probationary employment qualifications for first –time 9
child care teachers in certain child care centers; requiring the Department to review 10
a certain process and submit a certain report on or before a certain date; and 11
generally relating to a criminal history records check for individuals who will have 12
direct contact with children in child care facilities. 13
BY repealing and reenacting, with amendments, 14
Article – Education 15
Section 2–104(a) 16
Annotated Code of Maryland 17
(2025 Replacement Volume and 2025 Supplement) 18
BY adding to 19
Article – Education 20
Section 9.5–118 21
2 HOUSE BILL 635
Annotated Code of Maryland 1
(2022 Replacement Volume and 2025 Supplement) 2
BY repealing and reenacting, without amendments, 3
Article – Education 4
Section 9.5–404(a) 5
Annotated Code of Maryland 6
(2022 Replacement Volume and 2025 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Education 9
Section 9.5–404(b)(13) 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Education 15
2–104. 16
(a) The following employees shall be appointed to positions in the Department: 17
(1) [No more than three] ANY Deputy State Superintendents of Schools; 18
(2) Any assistant State superintendents and directors authorized by the 19
State Board and provided in the State budget; and 20
(3) Any other employees to fill positions authorized by the State Board and 21
provided in the State budget. 22
9.5–118. 23
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 24
INDICATED. 25
(2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR 26
A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN IN A CHILD CARE 27
FACILITY. 28
(II) “APPLICANT” INCLUDES A VOLUNTEER OR OTHER 29
INDIVIDUALS WHO MAY BE SUBJECT TO FEDERA LLY REQUIRED BACKGRO UND 30
CHECKS. 31
HOUSE BILL 635 3
(3) “CENTRAL REPOSITORY” MEANS THE CRIMINAL JUSTICE 1
INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC 2
SAFETY AND CORRECTIONAL SERVICES. 3
(4) “CHILD CARE FACILITY ” MEANS A CHILD CARE FACILITY 4
IDENTIFIED UNDER § 5–551 OF THE FAMILY LAW ARTICLE REGISTERED FAMILY 5
CHILD CARE HOME, A REGISTERED LARGE FAMILY CHILD CARE HOME, A LICENSED 6
CHILD CARE CENTER , OR A CHILD CARE CENT ER THAT H OLDS A LETTER OF 7
COMPLIANCE. 8
(B) AN APPLICANT WHO IS S EEKING A POSITION IN VOLVING DIRECT 9
CONTACT WITH CHILDREN AT A CHILD CARE FACILITY SHALL SUBMIT TO A CRIMINAL 10
HISTORY RECORDS CHEC K IN ACCORDANCE WITH § 5–555 OF THE FAMILY LAW 11
ARTICLE. 12
(C) (1) (I) THE ON OR BEFORE JUNE 30, 2027, THE DEPARTMENT 13
SHALL ESTABLISH A CENTRALIZED UNIT FOR THE PROCESSING AND MANAGEMENT 14
OF INFORMATION ABOUT CRIMINAL HISTORY REC ORDS CHECKS FOR APPL ICANTS 15
PROVIDING CHILD CARE SERVICES. 16
(II) THE CENTRALIZED UNIT MAY BE STAFF ED BY LICENSING 17
SPECIALISTS IN THE REGIONAL CHILD CARE LICENSING OFFICES THROUGHOUT THE 18
STATE. 19
(2) THE CENTRALIZED UNIT SHALL NOTIFY AN APPL ICANT FOR A 20
CRIMINAL HISTORY RECORDS CHECK: 21
(I) OF THE STATUS OF THE APPLICATION WITHIN 10 DAYS 22
AFTER SUBMISSION; AND 23
(II) SUBJECT TO THE RECEIP T OF THE CRIMINAL HI STORY 24
RECORD INFORMATION FROM THE CENTRAL REPOSITORY UNDER SUBSECTION (D) 25
OF THIS SECTION, WITHIN 45 DAYS AFTER SUBMISSION THE TIME FRAME REQUIRED 26
UNDER FEDERAL LAW, OF THE APPLICANT’S ELIGIBILITY TO PROVIDE CHILD CARE 27
SERVICES IN A CHILD CARE FACILITY. 28
(D) (1) THE CENTRALIZED UNIT SHALL REVIEW AND MAI NTAIN 29
BACKGROUND CHECKS COMPLETED IN ACCORDANCE WITH § 5–555 OF THE FAMILY 30
LAW ARTICLE. 31
(2) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY 32
UNDER THIS SECTION: 33
4 HOUSE BILL 635
(I) IS CONFIDENTIAL; 1
(II) MAY NOT BE DISSEMINAT ED WITHOUT THE EXPRE SS 2
PERMISSION OF THE APPLICANT; AND 3
(III) MAY BE USED ONLY FOR THE PURPOSES AUTHORI ZED BY 4
THIS TITLE. 5
(E) (1) (I) THE CENTRALIZED UNIT MAY MAINTAIN A LIST OF 6
APPLICANTS WHO HAVE SUBMITTED A CRIMINAL HISTORY RECORDS CHEC K IN 7
ACCORDANCE WITH THIS SECTION. 8
(II) THE CENTRALIZED UNIT MAY SHARE THE NAME A ND 9
STATUS OF AN APPLICANT ON THE LIST WITH: 10
1. A CHILD CARE FACILITY AT WHICH THE APPLICA NT 11
SEEKS TO BE EMPLOYED OR VOLUNTEER; AND 12
2. THE APPLICANT. 13
(2) ON REQUEST BY AN APPLICANT OR A CHILD CARE FACILITY, THE 14
CENTRALIZED UNIT MAY PROVIDE WRITTEN NOTI CE TO THE APPLICANT OR THE 15
CHILD CARE FACILITY THAT AN APPLICANT WH O SEEKS TO BE EMPLOY ED BY OR 16
VOLUNTEER WITH THE CHIL D CARE FACILITY HAS A CRIMINAL HISTORY R ECORDS 17
CHECK ON FILE WITH THE DEPARTMENT. 18
9.5–404. 19
(a) The State Board shall adopt rules and regulations for licensing and operating 20
child care centers. 21
(b) These rules and regulations shall: 22
(13) Subject to subsection (c) of this section, establish probationary 23
employment qualifications for an individual who is applying for the first time to be a child 24
care teacher in a child care center in the State that serves preschool or school–age children 25
who are at least [3] 2 years old. 26
SECTION 2. AND BE IT FURTHER ENACTED, That: 27
(a) The State Department of Education shall review the process for background 28
checks established under § 9.5–118 of the Education Article, as enacted by Section 1 of this 29
Act, to evaluate the efficiency and timeliness of processing applications and to identify 30
opportunities for improvement while maintaining safety and compliance with State and 31
federal law. 32
HOUSE BILL 635 5
(b) The review required under subsection (a) of this section shall include an 1
examination of: 2
(1) regulations; 3
(2) policies; 4
(3) procedures; and 5
(4) interagency coordination of background checks. 6
(c) On or before October 1, 2028, the Department shall report, in accordance with 7
§ 2–1257 of the State Government Article, to the General Assembly the results of the review 8
required under subsection (a) of this section, including: 9
(1) the number of background check applications; 10
(2) data on background check processing times; 11
(3) any delays or barriers to the process; and 12
(4) any recommendations for changing State law or administrative 13
procedures. 14
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
October 1, 2026. 16
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.