Shown verbatim: the complete text as captured from the official PDF posted by the Maryland General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
WES MOORE, Governor Ch. 360
Chapter 360
(House Bill 635)
AN ACT concerning
Child Care Facilities – Criminal History Records Check – Requirement
FOR the purpose of repealing the limitation on the number of Deputy State
Superintendents of Schools that the State Superintendent can appoint; requiring
individuals who will have direct contact with children in certain child care facilities
to submit to a criminal history records check; requiring the State Department of
Education to establish a centralized unit for the processing and management of
information about criminal history records checks on or before a certain date;
altering the applicability of probationary employment qualifications for first–time
child care teachers in certain child care centers; requiring the Department to review
a certain process and submit a certain report on or before a certain date; and
generally relating to a criminal history records check for individuals who will have
direct contact with children in child care facilities.
BY repealing and reenacting, with amendments,
Article – Education
Section 2–104(a)
Annotated Code of Maryland
(2025 Replacement Volume and 2025 Supplement)
BY adding to
Article – Education
Section 9.5–118
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 9.5–404(a)
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 9.5–404(b)(13)
Annotated Code of Maryland
(2022 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
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Ch. 360 2026 LAWS OF MARYLAND
Article – Education
2–104.
(a) The following employees shall be appointed to positions in the Department:
(1) [No more than three] ANY Deputy State Superintendents of Schools;
(2) Any assistant State superintendents and directors authorized by the
State Board and provided in the State budget; and
(3) Any other employees to fill positions authorized by the State Board and
provided in the State budget.
9.5–118.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) (I) “APPLICANT” MEANS AN INDIVIDUAL WHO IS APPLYING FOR
A POSITION INVOLVING DIRECT CONTACT WITH CHILDREN IN A CHILD CARE
FACILITY.
(II) “APPLICANT” INCLUDES A VOLUNTEER OR OTHER
INDIVIDUALS WHO MAY BE SUBJECT TO FEDERALLY REQUIRED BACKGROUND
CHECKS.
(3) “CENTRAL REPOSITORY” MEANS THE CRIMINAL JUSTICE
INFORMATION SYSTEM CENTRAL REPOSITORY OF THE DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES.
(4) “CHILD CARE FACILITY” MEANS A CHILD CARE FACILITY
IDENTIFIED UNDER § 5–551 OF THE FAMILY LAW ARTICLE REGISTERED FAMILY
CHILD CARE HOME, A REGISTERED LARGE FAMILY CHILD CARE HOME, A LICENSED
CHILD CARE CENTER, OR A CHILD CARE CENTER THAT HOLDS A LETTER OF
COMPLIANCE.
(B) AN APPLICANT WHO IS SEEKING A POSITION INVOLVING DIRECT
CONTACT WITH CHILDREN AT A CHILD CARE FACILITY SHALL SUBMIT TO A CRIMINAL
HISTORY RECORDS CHECK IN ACCORDANCE WITH § 5–555 OF THE FAMILY LAW
ARTICLE.
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WES MOORE, Governor Ch. 360
(C) (1) (I) THE ON OR BEFORE JUNE 30, 2027, THE DEPARTMENT
SHALL ESTABLISH A CENTRALIZED UNIT FOR THE PROCESSING AND MANAGEMENT
OF INFORMATION ABOUT CRIMINAL HISTORY RECORDS CHECKS FOR APPLICANTS
PROVIDING CHILD CARE SERVICES.
(II) THE CENTRALIZED UNIT MAY BE STAFFED BY LICENSING
SPECIALISTS IN THE REGIONAL CHILD CARE LICENSING OFFICES THROUGHOUT THE
STATE.
(2) THE CENTRALIZED UNIT SHALL NOTIFY AN APPLICANT FOR A
CRIMINAL HISTORY RECORDS CHECK:
(I) OF THE STATUS OF THE APPLICATION WITHIN 10 DAYS
AFTER SUBMISSION; AND
(II) SUBJECT TO THE RECEIPT OF THE CRIMINAL HISTORY
RECORD INFORMATION FROM THE CENTRAL REPOSITORY UNDER SUBSECTION (D)
OF THIS SECTION, WITHIN 45 DAYS AFTER SUBMISSION THE TIME FRAME REQUIRED
UNDER FEDERAL LAW, OF THE APPLICANT’S ELIGIBILITY TO PROVIDE CHILD CARE
SERVICES IN A CHILD CARE FACILITY.
(D) (1) THE CENTRALIZED UNIT SHALL REVIEW AND MAINTAIN
BACKGROUND CHECKS COMPLETED IN ACCORDANCE WITH § 5–555 OF THE FAMILY
LAW ARTICLE.
(2) INFORMATION OBTAINED FROM THE CENTRAL REPOSITORY
UNDER THIS SECTION:
(I) IS CONFIDENTIAL;
(II) MAY NOT BE DISSEMINATED WITHOUT THE EXPRESS
PERMISSION OF THE APPLICANT; AND
(III) MAY BE USED ONLY FOR THE PURPOSES AUTHORIZED BY
THIS TITLE.
(E) (1) (I) THE CENTRALIZED UNIT MAY MAINTAIN A LIST OF
APPLICANTS WHO HAVE SUBMITTED A CRIMINAL HISTORY RECORDS CHECK IN
ACCORDANCE WITH THIS SECTION.
(II) THE CENTRALIZED UNIT MAY SHARE THE NAME AND
STATUS OF AN APPLICANT ON THE LIST WITH:
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Ch. 360 2026 LAWS OF MARYLAND
1. A CHILD CARE FACILITY AT WHICH THE APPLICANT
SEEKS TO BE EMPLOYED OR VOLUNTEER; AND
2. THE APPLICANT.
(2) ON REQUEST BY AN APPLICANT OR A CHILD CARE FACILITY, THE
CENTRALIZED UNIT MAY PROVIDE WRITTEN NOTICE TO THE APPLICANT OR THE
CHILD CARE FACILITY THAT AN APPLICANT WHO SEEKS TO BE EMPLOYED BY OR
VOLUNTEER WITH THE CHILD CARE FACILITY HAS A CRIMINAL HISTORY RECORDS
CHECK ON FILE WITH THE DEPARTMENT.
9.5–404.
(a) The State Board shall adopt rules and regulations for licensing and operating
child care centers.
(b) These rules and regulations shall:
(13) Subject to subsection (c) of this section, establish probationary
employment qualifications for an individual who is applying for the first time to be a child
care teacher in a child care center in the State that serves preschool or school–age children
who are at least [3] 2 years old.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The State Department of Education shall review the process for background
checks established under § 9.5–118 of the Education Article, as enacted by Section 1 of this
Act, to evaluate the efficiency and timeliness of processing applications and to identify
opportunities for improvement while maintaining safety and compliance with State and
federal law.
(b) The review required under subsection (a) of this section shall include an
examination of:
(1) regulations;
(2) policies;
(3) procedures; and
(4) interagency coordination of background checks.
(c) On or before October 1, 2028, the Department shall report, in accordance with
§ 2–1257 of the State Government Article, to the General Assembly the results of the review
required under subsection (a) of this section, including:
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WES MOORE, Governor Ch. 360
(1) the number of background check applications;
(2) data on background check processing times;
(3) any delays or barriers to the process; and
(4) any recommendations for changing State law or administrative
procedures.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, May 12, 2026.
–5–Every fact on this page links to its source, starting with the official bill record.