Sec. 12.15.02.12. Emergency Out-of-Home Placement

A. When a child is subject to an emergency out-of-home placement, a local department may request that a designated State or local law enforcement agency authorized under Regulation .05 of this chapter, or other agency approved by the Department, perform a federal name-based records check on an individual described in Family Law Article, §§5-561(c)(4), (5)(ii), and (6)(ii), Annotated Code of Maryland.

B. An agency performing a federal name-based records check under §A of this regulation may provide the results of the federal name-based records check to the local department making the request.

C. Within 15 calendar days after a local department receives the results of a federal name-based records check, a representative of the local department shall submit to the Department a complete a set of fingerprints for each individual subject to a federal name-based records check according to §A of this regulation.

D. When the Department receives a complete set of fingerprints for an individual subject to the federal name-based records check from a local department, the Department shall perform a criminal history records check authorized under Family Law Article, §5-564, Annotated Code of Maryland.

E. The Department shall perform a criminal history records check authorized under Family Law Article, §5-564, Annotated Code of Maryland, according to Regulation .06 of this chapter.

F. A local department shall immediately remove a child subject to an emergency out-of-home placement if an individual required to submit to a federal name-based records check does not comply with a requirement to submit to the federal name-based records check.

G. When a child’s emergency out-of-home placement is denied as a result of a criminal history records check required under this regulation, the individual with the criminal history records check that is the basis for the denial may appeal the action as provided under Criminal Procedure Article, §10-227, Annotated Code of Maryland.

H. An individual required to submit to a criminal history records check under this regulation shall pay the fees established under Family Law Article, §5-561(h), Annotated Code of Maryland.