Camps & Programs FAQ's
What laws or regulations govern summer youth programs?
At the University of Maryland, most summer youth programs meet the requirements to be licensed by the Maryland Department of health. More information about the regulations can be found at :
https://health.maryland.gov/phpa/OEHFP/CHS/Pages/YCCertification.aspx
What type of background checks are required?
Maryland Youth Camp regulations require (2) types of background checks. One is a criminal background check through the Criminal Justice Information System (CJIS) which checks both the State of Maryland and the FBI records and involves fingerprinting. The second type of background check is with Child Protective Services (CPS). A CPS check does not require fingerprints but does require forms to be completed and notarized.
For how long is the background check valid?
At the University of Maryland, the CJIS criminal background check record is valid for 5 consecutive years. If there is a break in employment at any point during the 5-year period, the employee or volunteer must be fingerprinted and the background check is done all over again.
Is it permissible to choose to use a commercial company rather than use the State/FBI Criminal History Check system to conduct background checks only on employees or volunteers working with minors?
No, it is not permissible to choose to use a commercial company to conduct background checks. The State/FBI Criminal History Check System or CJIS is required by Maryland Camp Regulations.
What is the difference between a commercial company who conducts background checks and CJIS?
The difference between a commercial company and a CJIS fingerprint and background check is that when a person commits a crime, they are arrested and processed, meaning, they are fingerprinted and photographed. The fingerprint record not only records the arrested person's fingerprints, but also the facts surrounding the arrest. This information is stored in computers at both the FBI and CJIS and is the most thorough check of a person's background. We know that when a person is fingerprinted and background checked through CJIS, the information on each person has passed through both the Federal (FBI) and State (CJIS) data banks. This does not happen with commercial vendors.
Why does the fingerprint process and background check have to be repeated if a person has been fingerprinted before?
The government does not keep a file of everyone's fingerprints. Only the fingerprints of people who have been arrested or who are working in highly sensitive government positions are on file in the FBI and the State computers. When a person is fingerprinted for a background check, the fingerprint card or record is destroyed after the check is made. The law does not allow those fingerprints to be stored, and therefore, when applying for a new job (paid or volunteer), you must be fingerprinted, and the background check is done all over again. Also, just because a person had a clean background the last time their record was checked, doesn't mean they haven't committed a crime since then.
Who pays for the cost of the fingerprinting and background check?
It is up to the Camp/Program Director to determine who pays. The Director may choose to pay for all costs or require the employee/volunteer to cover the cost themselves.
If an intended employee or volunteer had a previous childcare fingerprint and background check conducted at a job prior to coming to the University of Maryland, can they use their current CJIS report and reference number as proof that they have been fingerprinted and background checked?
If an intended employee or volunteer was previously screened for childcare at another agency or job, the agency affiliation can be transferred to the University of Maryland only if the original date of fingerprinting is less than 365 days old. Any request made to CJIS to transfer the agency of record that is older than 365 days will be rejected by CJIS. The employee must make the request to CJIS to transfer the record to the University.
What is the procedure if the University receives a "flagged" record on an intended employee or volunteer?
The Office of Risk Management and the University Office of General Counsel review the record to determine what infractions or charges are listed. A joint call is then made to the Camp or Program Director to discuss the findings and determine a course of action that may require denying employment for the camp (dependent on the charge) or requesting clarification or direct information from the employee about the "flag" that appeared on the record. A decision will then be made as to whether the reason is cause enough to deny employment or not. Based on a childcare background check, certain "flags" will automatically disqualify someone from working with minors.
Is everyone connected to a camp or program that involves minors, required to be fingerprinted or background checked?
No. Only those employees or volunteers that have direct and/or regular contact with minors, must go through the fingerprint and background check process.