10.16.06.21

.21 Criminal Background Investigations.

A. An operator shall:

(1) Comply with the provisions of the criminal history records check requirements law in Family Law Article, §§5-560—5-568, Annotated Code of Maryland;

(2) 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

(3) Notify the Department, in writing, 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 employment;

(b) Allow the individual to volunteer at camp; 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 employed 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) Consent for Release of Information/Background Clearance Request form is on file with the employer that has been:

(i) Completed;

(ii) Signed by the employee;

(iii) Notarized; and

(iv) Forwarded to Child Protective Services; and

(c) 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 be employed at camp according to §§E and F of this regulation; and

(3) Upon determining that an individual may not be employed at camp:

(a) Terminate the individual from employment;

(b) Not reconsider the individual for employment;

(c) Not allow the individual to volunteer at camp; and

(d) 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 §§E and F of this regulation; and

(2) Notify the individual, camp owner, and camp operator in writing 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 §G of this regulation;

(d) Individual’s right to appeal the decision regarding reassessment to the Office of Administrative Hearings;

(e) Specific requirements for submitting an appeal to the Office of Administrative Hearings; and

(f) 10 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. A youth camp operator may not employ an individual 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.

F. 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 §E of this regulation, the operator:

(1) Shall assess, on the basis of the following factors, the individual's suitability for employment:

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

(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 employment of the individual.

G. Request for Reassessment.

(1) A personnel administrator who is prohibited from employment by the Department pursuant to §§E and F 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 personnel administrator may not have submitted a reassessment request, whether for the same or a different job 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 personnel administrator, the camp operator, or any agency or entity cited by the personnel administrator or the operator in connection with the reassessment request.

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

(5) The camp operator may not permit the personnel administrator to begin or to resume employment until the Department has notified the operator that the personnel administrator may be employed.