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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
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*sb0359*
SENATE BILL 359
F5 (6lr2137)
ENROLLED BILL
— Education, Energy, and the Environment/Ways and Means —
Introduced by Senator Henson
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
President.
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 generally 11
relating to a criminal history records check for individuals who will have direct 12
contact with children in child care facilities. 13
BY repealing and reenacting, with amendments, 14
2 SENATE BILL 359
Article – Education 1
Section 2–104(a) 2
Annotated Code of Maryland 3
(2025 Replacement Volume and 2025 Supplement) 4
BY adding to 5
Article – Education 6
Section 9.5–118 7
Annotated Code of Maryland 8
(2022 Replacement Volume and 2025 Supplement) 9
BY repealing and reenacting, without amendments, 10
Article – Education 11
Section 9.5–404(a) 12
Annotated Code of Maryland 13
(2022 Replacement Volume and 2025 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Education 16
Section 9.5–404(b)(13) 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2025 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
2–104. 23
(a) The following employees shall be appointed to positions in the Department: 24
(1) [No more than three] ANY Deputy State Superintendents of Schools; 25
(2) Any assistant State superintendents and directors authorized by the 26
State Board and provided in the State budget; and 27
(3) Any other employees to fill positions authorized by the State Board and 28
provided in the State budget. 29
9.5–118. 30
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 31
INDICATED. 32
SENATE BILL 359 3
(2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR 1
A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN IN A CHILD CARE 2
FACILITY. 3
(II) “APPLICANT” INCLUDES A VOLUNTEER OR OTHER 4
INDIVIDUALS WHO MAY BE SUBJECT TO FEDERA LLY REQUIRED BACKGRO UND 5
CHECKS. 6
(3) “CENTRAL REPOSITORY” MEANS THE CRIMINAL JUSTICE 7
INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC 8
SAFETY AND CORRECTIONAL SERVICES. 9
(4) “CHILD CARE FACILITY ” MEANS A CHILD CARE FACILITY 10
IDENTIFIED UNDER § 5–551 OF THE FAMILY LAW ARTICLE AND REQUIRED TO BE 11
LICENSED BY OR REGIS TERED WITH THE DEPARTMENT UNDER THIS TITLE 12
REGISTERED FAMILY CHILD CARE HOME, A REGISTERED LARGE FAMILY CHILD CARE 13
HOME, A LICENSED CHILD CARE CENTER, OR A CHILD CARE CENT ER THAT HOLDS A 14
LETTER OF COMPLIANCE. 15
(B) AN APPLICANT WHO IS S EEKING A POSITION IN VOLVING DIRECT 16
CONTACT WITH CHILDREN AT A CHILD CARE FACILITY SHALL SUBMIT TO A CRIMINAL 17
HISTORY RECORDS CHECK IN ACC ORDANCE WITH § 5–555 OF THE FAMILY LAW 18
ARTICLE. 19
(C) (1) (I) THE ON OR BEFORE JUNE 30, 2027, THE DEPARTMENT 20
SHALL ESTABLISH A CENTRALIZED UNIT FOR THE PROCESSING AND MANAGEMENT 21
OF INFORMATION ABOUT CRIMINAL HISTORY REC ORDS CHECKS FOR APPL ICANTS 22
PROVIDING CHILD CARE SERVICES. 23
(II) THE CENTRALIZED UNIT MAY BE STAFFED BY LI CENSING 24
SPECIALISTS IN THE REGIONAL CHILD CARE LICENSING OFFICES THROUGHOUT THE 25
STATE. 26
(2) THE CENTRALIZED UNIT SHALL NOTIFY AN APPL ICANT FOR A 27
CRIMINAL HISTORY RECORDS CHECK: 28
(I) OF THE STATUS OF THE APPLICATION WITHIN 10 DAYS 29
AFTER SUBMISSION; AND 30
(II) SUBJECT TO THE R ECEIPT OF THE CRIMIN AL HISTORY 31
RECORD INFORMATION FROM THE CENTRAL REPOSITORY UNDER SUBSECTION (D) 32
OF THIS SECTION, WITHIN 45 DAYS AFTER SUBMISSION THE TIME FRAME REQUIRED 33
4 SENATE BILL 359
UNDER FEDERAL LAW, OF THE APPLICANT’S ELIGIBILITY TO PRO VIDE CHILD CARE 1
SERVICES IN A CHILD CARE FACILITY. 2
(D) (1) THE CENTRALIZED UNIT SHALL REVIEW AND MAI NTAIN 3
BACKGROUND CHECKS COMPLETED IN ACCORDANCE WITH § 5–555 OF THE FAMILY 4
LAW ARTICLE. 5
(2) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY 6
UNDER THIS SECTION: 7
(I) IS CONFIDENTIAL; 8
(II) MAY NOT BE DISSEMINAT ED WITHOUT THE EXPRE SS 9
PERMISSION OF THE APPLICANT; AND 10
(III) MAY BE USED ONLY FOR THE PURPOSES AUTHORI ZED BY 11
THIS TITLE. 12
(E) (1) (I) THE CENTRALIZED UNIT MAY MAINTAIN A LIST OF 13
APPLICANTS WHO HAVE SUBMITTED A CRIMINAL HISTORY RECORDS CHECK IN 14
ACCORDANCE WITH THIS SECTION. 15
(II) THE CENTRALIZED UNIT MAY SHARE THE NAME A ND 16
STATUS OF AN APPLICANT ON THE LIST WITH: 17
1. A CHILD CARE FACILITY AT WHICH THE APPLICA NT 18
SEEKS TO BE EMPLOYED OR VOLUNTEER; AND 19
2. THE APPLICANT. 20
(2) ON REQUEST BY AN APPLICANT OR A CHILD CARE FACILITY, THE 21
CENTRALIZED UNIT MAY PROVIDE WRITTEN NOTI CE TO THE APPLICANT OR THE 22
CHILD CARE FACILITY THAT AN APPLICANT WH O SEEKS TO BE EMPLOY ED BY OR 23
VOLUNTEER WITH THE C HILD CARE FACILITY HAS A CRIMINAL HISTORY RECORDS 24
CHECK ON FILE WITH THE DEPARTMENT. 25
9.5–404. 26
(a) The State Board shall adopt rules and regulations for licensing and operating 27
child care centers. 28
(b) These rules and regulations shall: 29
SENATE BILL 359 5
(13) Subject to subsection (c) of this section, establish probationary 1
employment qualifications for an individual who is applying for the first time to be a child 2
care teacher in a child care center in the State that serves preschool or school–age children 3
who are at least [3] 2 years old. 4
SECTION 2. AND BE IT FURTHER ENACTED, That: 5
(a) The State Department of Education shall review the process for background 6
checks established under § 9.5–118 of the Education Article, as enacted by Section 1 of this 7
Act, to evaluate the efficiency and timeliness of processing applications and to identify 8
opportunities for improvement while maintaining safety and compliance with State and 9
federal law. 10
(b) The review required under subsection (a) of this section shall include an 11
examination of: 12
(1) regulations; 13
(2) policies; 14
(3) procedures; and 15
(4) interagency coordination of background checks. 16
(c) On or before October 1, 2028, the Department shall report, in accordance with 17
§ 2–1257 of the State Government Article, to the Ge neral Assembly the results of the review 18
required under subsection (a) of this section, including: 19
(1) the number of background check applications; 20
(2) data on background check processing times; 21
(3) any delays or barriers to the process; and 22
(4) any recommendations for changing State law or administrative 23
procedures. 24
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26