Maryland Statutes
Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety
Section 5-619 - Criminal Background Investigation of Employees of Facilities Caring for or Supervising Children; Criminal History Records Checksand Background Checks for Employees of Adult Dependent Care Programs

(a)    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)    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.

Structure Maryland Statutes