Out of state clarifications in CBC and sex offender registry below from MSDE:
Remind providers who fall into this category that they are not ONLY seeking to obtain a criminal background check. They must ALSO obtain information on the State sex offender registry, and a child protective services check! See items i, ii,, and iii, below.
People who live(d) out of state must contact the state where they live(d) to find out what that state requires to get the information to us. Here is the link to Child Care Aware. It will assist these providers in contacting their state fingerprinting and CPS agencies. http://childcareaware.org
Here is the actual language from the Rules:
… we are consolidating the list of required components in the regulations at § 98.43(b) to:
1) A Federal Bureau of Investigation fingerprint check using Next Generation Identification;
2) A search of the National Crime Information Center’s National Sex Offender Registry; and
3) A search of the following registries, repositories, or databases in the State where the child care staff member resides and each State where such staff member resided during the preceding 5 years:
i. State criminal registry, or repository with the use of fingerprints being required in the State where the staff member resides, and optional in other States; (meaning a name-only check will do…but we’d prefer the fingerprint check when possible).
ii. State sex offender registry or repository; and
iii. State-based child abuse and neglect registry and database
The federal rule provides this guidance on how a closed-record state may submit the information to Maryland: The closed-record State may give the background check results directly to the individual to relay to the requesting State. States are required to respond to other States’ requests for background check requests, and when a State is giving the results directly to an individual, that State must have a process in place to inform the requesting State.