§ 4-2708

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§4–2708.

(a)In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b)For each staff member who works with unaccompanied minors, a service provider shall:

(1)apply to the Central Repository for a State and national criminal history records check; or

(2)request a private agency to conduct a background check.

(1)As part of an application to the Central Repository for a State and national criminal history records check, the service provider shall submit to the Central Repository:

(i)one complete set of legible fingerprints of the staff member taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii)the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

(iii)the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(2)In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the service provider and the staff member the criminal history record information of the staff member.

(3)Information obtained from the Central Repository under this subsection:

(i)is confidential and may not be redisseminated; and

(ii)may be used only for the screening purposes authorized by this subtitle.

(4)A person who is the subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in §10–223 of the Criminal Procedure Article.

(d)If a service provider requests a private agency to conduct a background check:

(1)the private agency shall:

(i)conduct a background check in each state where the service provider knows or has reason to believe the staff member worked or resided during the past 7 years; and

(ii)issue a statement of the private agency’s findings to:

1. on request, the staff member; and

2. the service provider; and

(2)the staff member shall have an opportunity to contest the findings of the private agency.