Child Care Facilities - Criminal History Records Check - Requirement
HB635 expands Maryland’s child care background-check requirements and creates a more centralized process for handling them. The bill requires individuals seeking positions with direct contact with children in covered child care facilities—including registered family child care homes, registered large family child care homes, licensed child care centers, and centers holding a letter of compliance—to submit to a criminal history records check under existing law. It also directs the State Department of Education to establish a centralized unit by June 30, 2027, to process and manage background-check information for child care applicants, notify applicants of status within 10 days, and provide an eligibility determination within 45 days, subject to federal requirements.
The bill also makes a related change to the State Board’s licensing regulations for child care centers by lowering the age threshold in the probationary employment qualification provision from children at least 3 years old to children at least 2 years old for first-time child care teachers in certain centers. In addition, the Department must review the new background-check process and report to the General Assembly by October 1, 2028, on processing times, delays, barriers, and any recommended statutory or administrative changes. The bill takes effect October 1, 2026, and also removes the statutory cap on the number of Deputy State Superintendents of Schools the State Superintendent may appoint.
The bill’s main legal effect is to amend the Education Article by adding a new section governing child care facility criminal history records checks and by revising licensing-related provisions for child care centers. It also affects the Department of Education’s internal structure by eliminating the limit on deputy state superintendents. Practically, it shifts background-check administration toward a centralized state process and imposes new timelines and confidentiality rules for handling applicant information.
The overall sentiment reflected in the bill’s progress is strongly favorable. The House committee reported the bill favorably with amendments, the House adopted it, and both chambers passed it unanimously on third reading, indicating broad bipartisan support and little visible opposition in the recorded votes.
No committee transcript was provided, so specific arguments are not available. Based on the bill text, any contention would likely center on administrative burden, implementation costs, and whether the new centralized unit can speed up checks without compromising child safety or compliance with federal law. The age-threshold change for probationary employment and the expanded handling of applicant background information could also raise questions about staffing flexibility and privacy, but no recorded opposition appears in the available history.
HB635 amends the Education Article to require criminal history records checks for applicants, including volunteers and other individuals subject to federally required background checks, who will have direct contact with children in specified child care facilities. It creates a centralized Department of Education unit to process, track, and maintain these checks, establishes notice deadlines, and restricts dissemination of criminal history information. The bill also changes child care center licensing rules by lowering the age reference in probationary employment qualifications for first-time child care teachers from 3 years old to 2 years old, and it removes the cap on Deputy State Superintendents of Schools.
The bill appears to have enjoyed broad support. The House committee reported it favorably with amendments, the House adopted the bill, and both chambers passed it unanimously on third reading (128-0 in the House and 34-0 in the Senate). That voting pattern suggests consensus around strengthening child safety screening and improving the background-check process.
No committee discussion transcript is available, and the recorded votes show no opposition. Potential points of concern implied by the bill itself include the administrative burden of creating a centralized background-check unit, the ability to meet the 10-day and 45-day notification timelines, privacy and confidentiality of criminal history information, and the effect of changing probationary employment rules for first-time child care teachers. The bill also alters the Department’s staffing authority by eliminating the limit on deputy state superintendents, though no recorded objection to that change appears in the available history.