Background Checks and Fingerprinting

Background checks play an essential role in ensuring that children are safe in child care facilities. 

People who work or live in Maryland child care facilities need to complete a comprehensive background check at least once every five years. Please use the following links for additional information regarding the required background clearances: 

The specific 8 components of the criminal background check are listed below:

  1. Criminal registry or repository using fingerprints in the current state of residency (in‐state);
  2. Sex offender registry or repository check in the current state of residency (in‐state);
  3. Child abuse and neglect registry and database check in the current state of residency (in‐state);
  4. FBI fingerprint check (national);
  5. National Crime Information Center (NCIC) National Sex Offender Registry (NSOR) (national)
  6. Criminal registry or repository in any other state where the individual has resided in the past 5 years, with the use of fingerprints being optional (inter‐state)
  7. Sex offender registry or repository in any other state where the individual has resided in the past 5 years (inter‐state)
  8. Child abuse and neglect registry and database in any other state where the individual has resided in the past 5 years (inter‐state)

The federal law requires that providers complete all eight checks every five years.  In some instances, Maryland regulation requires a shorter period, such as a child protective services clearance every two years.  You must comply with the Maryland regulations in those instances.

How?

Maryland has had its own rap-back program in place for several years.  When a triggering event, such as an arrest, occurs, we receive electronic notification from CJIS.  We will get those notifications until the individual is removed from the authorization list. 

The federal rap-back will work in the same way.  If a triggering event occurs, the Office of Child Care will receive an electronic notification.     

NONCRIMINAL JUSTICE APPLICANT’S PRIVACY RIGHTS(link is external)

Understanding Background Check Results 

"Successfully passed" means, when used in connection with a criminal background check or a review of records of abuse and neglect of children or adults conducted on an individual, that the individual:

  • (a) Has not received a conviction, a probation before judgment disposition, or a not criminally responsible disposition, or does not have a pending charge for the commission or attempted commission of a crime that:
    • (i) Is listed at COMAR 13A.15.02.07B(1)—(11); or
    • (ii) Indicates other behavior harmful to children; or
  • (b) Has not been identified as responsible for the abuse or neglect of a child or an adult. 

Learn more about background check regulations here.

  • What disqualifies you from working in a child care program?

    Offenses that prevent individuals from being employed by a child care provider are listed in COMAR 13A.16.06(link is external).

    A child care center operator may not employ an individual who 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 weapons or firearms violation of federal or state laws;
    2. A sex offense;
    3. A violent crime classified as a felony, including physical assault or battery;
    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;
    11. Reckless endangerment; or
    12. The felony of:
      • (a) Murder;
      • (b) Spousal abuse; or
      • (c) Arson.

    B. If 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 §A of this regulation, the office:

    1. Shall assess, on the basis of the following factors, the individual's suitability for employment:
      • (a) The job position at the center for which the individual is applying or in which the individual is currently employed;
      • (b) The nature and seriousness of the incident, crime, or offense;
      • (c) How long ago 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 office considers pertinent; and
    2. Depending on the results of the assessment, shall permit or prohibit employment of the individual.