Bill
HB 1105
Expands pre-employment checks for roles with direct contact with minors; requires new disclosures, CPS background clearance, and MSDE reporting across youth-serving programs.
Status / Effective date
- Introduced: Feb 5, 2025 (as amended in committee).
- Effective date stated in bill materials: July 1, 2025.
- Key reporting deadlines: county boards report to MSDE by Sept 1, 2025 (and annually thereafter); MSDE compiles and reports to the General Assembly by Dec 1, 2025 (and annually thereafter).
Purpose / Intent
- Strengthen hiring-screening, background review, and reporting requirements for persons applying for positions that involve direct contact with minors, by expanding covered entities and the types of misconduct employers must consider (including “boundary‑violating behavior”), and by requiring new documentation and state-level reporting.
Key definitions added/clarified
- “Boundary‑violating behavior”: adult conduct that compromises a minor’s safety or well‑being, is exploitative/harmful, or is otherwise inappropriate (examples: unwanted physical contact, emotional manipulation, sharing inappropriate information).
- “Youth‑serving organization”: broad category including after‑school programs, mentor programs, camps, recreational leagues, and similar entities.
Who is covered / affected
- Applicants for positions involving “direct contact with minors”; and employers including county boards of education, nonpublic schools, contracting agencies, child care centers, and youth‑serving organizations.
- State agencies affected: Department of Human Services (DHS) (myDHR portal), Maryland State Department of Education (MSDE).
Major requirements and changes
- Expanded submission requirements for applicants:
- Contact information for current and prior employers (including school employers and employers in roles involving minors over the past 10 years).
- Written consent authorizing listed employers to release records relating to child sexual abuse, sexual misconduct, or boundary‑violating behavior.
- Written statement disclosing whether the applicant has been the subject of investigations, disciplinary actions, resignations while allegations were pending, or license suspensions/revocations related to child sexual abuse, sexual misconduct, or boundary‑violating behavior.
- A notarized child protective services background clearance form submitted electronically via DHS’s myDHR portal.
- Pre‑hire checks:
- Employers must review employment history by contacting prior employers and requesting specified information.
- Employers must request DHS child protective services background clearance and a report from MSDE regarding applicant certification/discipline status.
- Procedural notes:
- Applies to emergent hiring processes except as otherwise provided in the statute (i.e., specific emergent‑hire provisions continue to be recognized but subject to statutory conditions).
- Reporting:
- Each county board must annually report to MSDE on its child sexual abuse prevention instruction and training, its applicant screening policies/procedures, and its employee code of conduct for schools and applicable entities.
- MSDE must compile county reports and submit an annual report to the General Assembly.
Fiscal impact (as estimated in bill materials)
- Potentially significant operational and fiscal impacts on State agencies and local governments.
- Estimated MSDE costs cited: ~$117,300 in FY2026 and at least ~$134,900 annually thereafter (implementation/administration, per the fiscal note). Local governments and small organizations may incur additional costs to comply.
Practical effect
- Broadens pre‑employment vetting by adding new documentary requirements and explicit consideration of “boundary‑violating behavior.”
- Extends similar screening duties beyond school systems to child care centers and youth‑serving organizations.
- Increases state oversight through recurring data collection and annual reporting to the legislature.
Compiled from official sources — confirm details with the bill’s official record.
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