Section 5-569 - Criminal history records checks in emergency out-of-home placements.
§ 5-569. Criminal history records checks in emergency out-of-home placements.
(a) "Emergency out-of-home placement" defined.- In this section, "emergency out-of-home placement" means an out-of-home placement in which a local department places a child in the home of a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child's primary caretaker.
(b) In general.-
(1) If a child is placed in an emergency out-of-home placement, a local department may request that a designated State or local law enforcement agency in the State or other location approved by the Department perform a federal name-based check on any individual described in § 5-561(c)(4), (5)(ii), and (6)(ii) of this subtitle.
(2) The designated agency described in paragraph (1) of this subsection may provide the results of the name-based check to the local department.
(3) Within 15 calendar days after the local department receives the results of the name-based check, the local department shall submit a complete set of fingerprints to the Department for each individual described in paragraph (1) of this subsection on whom a name-based check was performed.
(4) Within 15 calendar days after the date on which the name-based check was performed, the Department shall perform a criminal history records check, in accordance with § 5-564 of this subtitle.
(c) Failure to comply with section.- A child shall be removed immediately from an emergency out-of-home placement if any individual required to submit to a name-based check fails to comply with this section.
(d) Contesting denial of placement.- When the placement of a child in a home is denied as a result of a name-based criminal history records check of an individual and the individual contests that denial, the individual shall submit to the local department:
(1) a complete set of fingerprints; and
(2) written permission allowing the local department to forward the fingerprints to the Department for submission to the Federal Bureau of Investigation.
(e) Fees.- An individual who is required to submit to a criminal history records check under this section shall pay the fees required under § 5-561(h) of this subtitle.
[2008, ch. 263.]