(a)    In this Part V of this subtitle the following words have the meanings indicated.

(b)    “Conviction” means a plea or verdict of guilty or a plea of nolo contendere.

(c)    “Department” means the Department of Public Safety and Correctional Services.

(d)    (1)    “Employee” means a person that for compensation is employed to work in a facility identified in § 5–551 of this subtitle and who:

(i)    cares for or supervises children in the facility; or

(ii)    has access to children who are cared for or supervised in the facility.

(2)    “Employee” includes a person who:

(i)    participates in a pool described in subsection (e)(2) of this section;

(ii)    for compensation will be employed on a substitute or temporary basis to work in a facility identified in § 5–551(b)(1) or (2) of this subtitle; and

(iii)    will care for or supervise children in the facility or will have access to children who are cared for or supervised in the facility.

(3)    “Employee” does not include any person employed to work for compensation by the Department of Juvenile Services.

(e)    (1)    “Employer” means an owner, operator, proprietor, or manager of a facility identified in § 5–551 of this subtitle who has frequent contact with children who are cared for or supervised in the facility.

(2)    For purposes of §§ 5–551(g), 5–554(a)(2)(i) and (c)(1)(i) and (2), and 5–557 of this subtitle, “employer” includes a child care resource and referral center, an association of registered family child care providers, and an association of licensed child care centers to the extent that the center or association establishes and maintains a pool of individuals who are qualified to work as substitute or temporary employees in a facility identified in § 5–551(b)(1) or (2) of this subtitle.

(3)    “Employer” does not include a State or local agency responsible for the temporary or permanent placement of children in a facility identified in § 5–551 of this subtitle.

(f)    “Private entity” means a nongovernmental agency, organization, or employer.

(g)    “Secretary” means the Secretary of Public Safety and Correctional Services.