Section 5-619 - Criminal background investigation of employees of facilities caring for or supervising children; criminal history records checks and background checks for employees of adult dependent - Maryland Statutes

§ 5-619. Criminal background investigation of employees of facilities caring for or supervising children; criminal history records checks and background checks for employees of adult dependent care programs.
 

(a)  Persons, agencies immune.- The following persons or agencies shall be immune from civil or criminal liability in connection with the conducting of a criminal background investigation under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check under Title 19, Subtitle 18, of the Health - General Article: 

(1) An employer that in good faith relies on a criminal background investigation or criminal history records check to deny or terminate an individual's employment or participation in a facility; 

(2) A State or local agency that in good faith relies on a criminal background investigation or criminal history records check of an employer to grant, deny, suspend, or revoke licensure, registration, approval, or certification of a facility; 

(3) A local department of social services that in good faith relies on a criminal background investigation to make a decision concerning the placement of a child committed to it, including a decision to remove a child from a particular facility or home; and 

(4) A State or local agency that in good faith participates in the making of a criminal background investigation or criminal history records check of an employee or employer. 

(b)  Failure to require investigation.- The failure of an employer to require a criminal background investigation of an individual when not required under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check when not required under Title 19, Subtitle 18, of the Health - General Article may not give rise to civil or criminal liability on the part of the employer for failure to conduct a criminal background investigation. 
 

[1990, ch. 546, § 3; 1996, ch. 572; 1997, ch. 14, §§ 1, 9.]