(a) Each employee, as defined in § 5–550 of the Family Law Article, of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall apply to the Department of Human Services, on or before the first day of actual employment, for a child abuse and neglect clearance.
(b) The Department may prohibit the operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle from employing an individual who:
(1) Has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article; or
(2) Has been identified as responsible for child abuse or neglect.
(c) The operator of a child care center that is required to be licensed or to hold a letter of compliance under this subtitle shall immediately notify the Department of a criminal history records check of an employee that reports a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for any crime or attempted crime enumerated in the regulations adopted by the Department of Public Safety and Correctional Services under Title 5, Subtitle 5, Part V of the Family Law Article.
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