Md. Code Regs. 10.16.06.21 - [Effective 7/5/2025] Criminal Background Investigations

A. An operator shall:

(1) Ensure that a person serving as a personnel administrator has applied for:

(a) A national and State criminal history records check through the Department pursuant to Health General Article, §14-403.1, Annotated Code of Maryland; and

(b) A background clearance request from Child Protective Services;

(2) Have on file and available for inspection for any person in a sensitive position:

(a) Documentation from the Department of a completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services; and

(b) Documentation of a response from Child Protective Services indicating the status of the background clearance.

(3) Ensure that before the camp operates, the Department has on file for the personnel administrator a:

(a) Completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services; and

(b) Response from Child Protective Services indicating the status of the background clearance; and

(4) Notify the Department, in writing within 10 calendar days, if the personnel administrator changes.

B. Upon notification that an individual may not serve as the personnel administrator, an operator:

(1) Shall terminate the individual from employment or remove from consideration for employment, as applicable; and

(2) Unless the individual appeals the decision to the Office of Administrative Hearings and the appeal is concluded in favor of the individual, may not:

(a) Reconsider the individual for serving as a personnel administrator;

(b) Allow the individual to hold a sensitive position; or

(c) Except to exercise parental responsibilities with respect to a related child at camp, allow the individual on the premises of the facility or to have any contact with an unrelated child at camp.

C. The personnel administrator shall:

(1) Ensure that, for an individual in a sensitive position at a camp a:

(a) Completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services is on file with the employer;

(b) Response from Child Protective Services indicating the status of the background clearance is kept on file with the employer once received from Child Protective Services;

(2) Determine if the individual may hold a sensitive position at camp according to §§F and G of this regulation; and

(3) Upon determining that an individual may not hold a sensitive position at camp:

(a) Terminate the individual from the sensitive position;

(b) Not consider the individual for any sensitive position at camp or as a personnel administrator; and

(c) Except to exercise parental responsibilities with respect to a related child at camp, not allow the individual on the premises of the facility or to have any contact with an unrelated child at camp.

D. The Department shall:

(1) Determine if the individual may serve as the personnel administrator at camp according to §§F and G of this regulation; and

(2) Notify the individual, camp owner, and camp operator in writing within 3 business days about the:

(a) Department's decision that the individual may not serve as the personnel administrator;

(b) Basis for that decision;

(c) Individual's right to request reassessment pursuant to §H of this regulation;

(d) Individual's right to appeal the decision regarding reassessment to the Department;

(e) Specific requirements for submitting an appeal to the Department; and

(f) Ten calendar day time frame to notify the Department of the new personnel administrator and complete the criminal history records check as required in §A of this regulation.

E. The Department shall:

(1) Determine if an individual may serve in any sensitive position according to §§F and G of this regulation; and

(2) Notify the individual and personnel administrator in writing within three business days about the:

(a) Department's decision whether the individual may serve in a sensitive position;

(b) Basis for that decision;

(c) Individual's rights to request the reassessment pursuant to §G of this regulation;

(d) Individual's right to appeal the Department's decision regarding reassessment; and

(e) Specific requirements for submitting an appeal in accordance with Title 10 of the State Government Article.

F. A youth camp operator may not allow an individual to serve in a sensitive position or as a personnel administrator who, as reported on or after October 1, 2005, has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:

(1) A crime involving:

(a) A child;

(b) Cruelty to animals;

(c) Domestic violence; or

(d) A weapon or firearm violation of federal or State laws;

(2) A sex offense;

(3) A violent crime classified as a felony;

(4) Abduction or kidnapping;

(5) Abuse of a child or an adult;

(6) Confinement of an unattended child;

(7) Manufacturing, distributing, or dispensing a controlled dangerous substance;

(8) Perjury;

(9) Pornography;

(10) Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance; or

(11) Reckless endangerment.

G. If, as reported on or after October 1, 2005, an individual has been identified as responsible for child abuse or neglect or received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime or offense that is not included in §F of this regulation, the Department:

(1) Shall assess, on the basis of the following factors, the individual's suitability for a sensitive position or serving as personnel administrator at camp:

(a) The position at the camp for which the individual is applying or position which the individual currently holds;

(b) The nature and seriousness of the incident, crime, or offense;

(c) The period of time that has elapsed since the incident, crime, or offense occurred;

(d) The age of the individual at the time the incident, crime, or offense occurred;

(e) The individual's probation or parole status, if applicable; and

(f) Any other information the camp considers pertinent; and

(2) Depending on the results of the assessment, shall permit or prohibit the individual from serving in a sensitive position or as a personnel administrator.

H. Request for Reassessment.

(1) An individual who is prohibited from serving in a sensitive position or as a personnel administrator by the Department pursuant to §§F and G of this regulation may request that the Department conduct a reassessment with respect to the incident, crime, or offense.

(2) For a reassessment request to be eligible for consideration:

(a) The request shall be in writing and include documentation, such as but not limited to letters of support or evaluation reports pertinent to the incident, crime, or offense; and

(b) The individual may not have submitted a reassessment request, whether for the same or a different position, within the previous 12 months.

(3) In order to reach a decision on the request for reassessment, the Department may request additional information from the individual, personnel administrator, camp operator, or any agency or entity cited in connection with the reassessment request.

(4) Upon reaching a decision on the request, the Department shall notify the individual, personnel administrator, owner, and director of that decision.

(5) The camp operator may not permit the individual to begin or to resume serving in a sensitive position or as personnel administrator until the Department has notified the operator that the individual is not disqualified.

Notes

Md. Code Regs. 10.16.06.21

Regulations .21 adopted as an emergency provision effective June 19, 1989 (16:13 Md. R. 1413); emergency status expired November 12, 1989
Regulations .21 adopted effective June 11, 1990 (17:11 Md. R. 1343)
Regulation .21E amended effective March 2, 1992 (19:4 Md. R. 473)
Regulations .21 adopted effective September 1, 2004 (31:2 Md. R. 85)
Regulations .21 amended effective 42:7 Md. R. 569, eff. 4/13/2015; amended effective 43:6 Md. R. 408, eff. 3/28/2016; amended effective 52:02 Md. R. 65, effective 1/6/2025, exp. 7/5/2025(Emergency); amended effective 52:7 Md. R. 321, eff. 4/14/2025.