§ 5-619. Criminal background investigation of employees of facilities caring for or supervising children; criminal history records checks and background checks for employees of adult dependent care programs

   (a) Persons, agencies immune. -- 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) Failure to require investigation. -- 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.

HISTORY: 1990, ch. 546, § 3; 1996, ch. 572; 1997, ch. 14, § 1, 9; 2012, ch. 66, § 6.