Does Maryland require background checks for volunteers?

Maryland’s statute checks paid staff, and licensing rules check volunteers. Family Law § 5-551 requires national and State fingerprint checks for paid employees and employers at listed facilities — child care centers and homes, schools, foster homes, camps, and recreation programs primarily serving minors, among others — and says an employer “may require” a volunteer check. Volunteer checks are mandatory through licensing rules: MSDE’s child care regulations (COMAR 13A.15 and 13A.16) and MDH’s youth-camp regulations (COMAR 10.16.06). Outside MSDE and MDH licensing, a congregation, youth league, mentoring program or co-op writes its own volunteer standard.

What happened to Family Law § 5-561?

It was renumbered. The child care background-check provisions once at Family Law §§ 5-560 and following now sit at §§ 5-550 to 5-557, and the facility list formerly at § 5-561 is § 5-551. The General Assembly’s website returns “File Not Found” for the old numbers, though some official text, such as Criminal Procedure § 10-302(b)(3), still cites them. Read a reference to § 5-561 as § 5-551.

What checks does COMAR require of Maryland child care volunteers?

Two sets of licensing rules apply. In a child care center, every volunteer — anyone 13 or older who isn’t paid or counted in staff ratios — needs a federal and State criminal background check and a child abuse and neglect clearance, and may not be assigned to a group or given access to a child until both pass, or be alone with children until all checks pass (COMAR 13A.16.02.01I). In a family child care home, volunteers 18 or older are fingerprinted at registration, the provider must ensure a check has been applied for before a volunteer begins, and a provider must accompany a volunteer whenever an unrelated child is present.

What does DPSCS charge to fingerprint a Maryland volunteer?

DPSCS’s Background Check Services page lists a full State-and-FBI check for child care volunteers at $28 by mail or $48 in person; its CJIS FAQ page lists $29.25 and $49.25. A volunteer in a program registered with the Maryland Mentoring Partnership pays only the FBI fee under Family Law § 5-551(g)(2); DPSCS lists its Maryland Mentor rate as $15 with a certification card. From October 1, 2026, the FBI fee rises from $12 to $15, adding $3 to checks that include the national search.

Does Family Law § 5-705 make Maryland volunteers report abuse?

Yes — every person is. Family Law § 5-705 requires any person in Maryland who has reason to believe a child has been abused or neglected to notify the local department of social services or the police. Named professionals have added duties under § 5-704, and only they face the criminal penalty for knowingly failing to report in Criminal Law § 3-602.2. Child care centers may not require a volunteer to report through the director instead of directly.

Does a VolunteerBadge check replace a DPSCS fingerprint check or a CPS clearance?

No. In child care, youth camps and for paid staff at listed facilities, the DPSCS fingerprint check or CPS Background Clearance that Maryland law or a licensing rule requires still has to be done; a commercial check doesn’t substitute. VolunteerBadge fits the Maryland roles no statute or COMAR rule reaches, and can sit on top of a required check.

Free guide · 2026 edition · Maryland after § 5-561: Part V, COMAR and the CPS clearance

Old Line, New Numbers: The Maryland guide to screening volunteers: the Family Law checks that moved from § 5-561 to § 5-551, MSDE child care and MDH youth-camp rules, DPSCS fingerprints, the CPS clearance and a reporting duty every Marylander shares

Maryland law doesn’t require a check for every volunteer. Its background-check statute — long cited as § 5-561, now §§ 5-550 to 5-557 — orders fingerprint checks for paid staff at listed child-serving facilities and says an employer “may require” one of a volunteer. Volunteers are checked by licensing rules instead, in child care and youth camps, and every person in the State must report suspected child abuse. The chapters start with the renumbering, then take MSDE, MDH, DPSCS and DHS in turn.

By the VolunteerBadge research team · Sources checked September 11, 2026

Written for Maryland child care and camp directors, recreation administrators, mentoring programs and church leaders
Why § 5-561 is now § 5-551 — and why the statute checks paid staff, not volunteers
MSDE child care, MDH youth camps, DPSCS fees and the CPS clearance, each traced to its COMAR rule or Family Law section
A volunteer reporting card and a sworn disclosure form you can adapt

Who Old Line, New Numbers is for

Executive directors, volunteer coordinators, child care directors, camp directors and personnel administrators, church and youth-ministry leaders, league and recreation administrators, mentoring and senior-program coordinators — anyone in Maryland still citing § 5-561, or unsure which COMAR rule reaches a volunteer.

6,272

child victims of abuse or neglect in Maryland in 2024 — 4.6 per 1,000 children, well below the national 7.2.

ACF, Child Maltreatment 2024

3.35

child maltreatment deaths per 100,000 Maryland children in 2024 — 46 children — against 2.41 nationally: a fatality rate above the U.S. rate despite a low victim rate.

ACF, Child Maltreatment 2024

$28

DPSCS’s price for a child care volunteer’s State-and-FBI fingerprint check by mail — $48 in person; its FAQ page lists $29.25 and $49.25. The FBI’s share rises $3 on October 1, 2026.

DPSCS, Background Check Services and CJIS FAQ (read Sept. 11, 2026)

Cited to primary sources

Maryland at a glance

Employers “may require” volunteer checks: Listed facilities — child care, schools, foster homes, camps, recreation programs primarily serving minors and others — must get national and State fingerprint checks of paid employees and employers. An employer “may require” a volunteer to be checked; so may a local department of social services, or any employer that employs people to work with children.; Md. Code Ann., Fam. Law §§ 5-550(g), 5-551(a), (c)–(e)
The statute moved: The law long cited as Family Law § 5-561 is now §§ 5-550 to 5-557; the General Assembly’s site returns “File Not Found” for §§ 5-560 to 5-570. Criminal Procedure § 10-302(b)(3) and COMAR 10.16.06’s authority line still cite the old numbers.; mgaleg.maryland.gov lookups; Md. Code Ann., Crim. Proc. § 10-302(b)(3)
Center volunteers from age 13: Every volunteer 13 or older needs a federal and State criminal check and a child abuse and neglect clearance, may not be assigned to a group or given access to a child until both pass, may not be alone with children until all checks pass, and works under close staff supervision.; COMAR 13A.16.01.02B(60), 13A.16.02.01I, 13A.16.02.02A(5), 13A.16.06.15
Youth camp volunteers: Any role with access to campers is a “sensitive position,” volunteers included. The camp keeps a DPSCS national and State check and a CPS clearance response on file for each; listed offenses bar service, and MDH — not the camp — decides for anyone with another offense.; COMAR 10.16.06.02B(33), .21A, .21E–G
DPSCS fingerprints and fees: In-state prints must be taken by live scan (since Oct. 1, 2020). A child care volunteer’s State-and-FBI check is listed at $28 by mail or $48 in person ($29.25/$49.25 on DPSCS’s FAQ). The FBI fee rises $3 on Oct. 1, 2026. Results are mailed in under 10 working days in most cases.; DPSCS, Background Check Services and CJIS FAQ (read Sept. 11, 2026)
The CPS clearance, and Chapter 790: DHS may release only people finally identified as responsible for abuse or neglect. From Oct. 1, 2026, it may also disclose finalized indicated findings to youth sports coaches, team administrators and managers, and to any organization with responsibility for supervising children, for employment or voluntary service.; Md. Code Ann., Fam. Law § 5-714(d), (f); Ch. 790, Laws of Md. 2026 (H.B. 1326)
Anyone with reason to believe notifies: Any person in Maryland with reason to believe a child has been abused or neglected must notify the local department of social services or the police. The misdemeanor for knowingly failing to report — up to 3 years or $10,000 — applies only to § 5-704 professionals.; Md. Code Ann., Fam. Law §§ 5-704, 5-705(a); Crim. Law § 3-602.2
Shielded records stay visible to you: A shielded conviction is hidden from the public and may not be referred to in Case Search, but stays “fully accessible” to “a person that uses volunteers who care for or supervise children,” who may not disclose it to anyone without access.; Md. Code Ann., Crim. Proc. §§ 10-302(b)(7), 10-304, 10-306(a)

From the Old Line, New Numbers executive summary

Six Maryland facts, from the renumbered statute to shielded records

1
Part V checks the payroll, not the volunteers.
Family Law § 5-551 makes eleven kinds of child-serving facilities check paid employees and employers — an “employee” works “for compensation” — and says an employer “may require” a volunteer check. We found no “reasonable efforts” duty in the statute.
2
The law everyone cites has moved.
The facility list once at Family Law § 5-561 is now § 5-551. The General Assembly’s site returns “File Not Found” for §§ 5-560 to 5-570, yet Criminal Procedure § 10-302 and COMAR 10.16.06 still point at the old numbers. Read § 5-561 as § 5-551.
3
Licensing rules check volunteers.
A licensed child care center may not assign a volunteer (anyone 13 or older) to a group or give one access to a child until a child abuse and neglect clearance and a criminal check pass. Every youth-camp volunteer with access to campers holds a “sensitive position” needing a national and State check and a CPS response on file.
4
Every person must report child abuse or neglect.
Anyone in Maryland with reason to believe a child has been abused or neglected must notify the local department of social services or the police. The crime of knowingly failing to report — up to 3 years or $10,000 — reaches only named professionals.
5
The CPS clearance is narrow — and opens wider on October 1, 2026.
DHS releases only people finally identified as responsible for abuse or neglect, after appeal rights have run out. Chapter 790 of 2026 lets DHS disclose finalized indicated findings to youth sports coaches and administrators and to organizations that supervise children, for voluntary service too.
6
Shielded records stay open to you.
A shielded Maryland conviction is hidden from the public and from Case Search, but remains “fully accessible” to “a person that uses volunteers who care for or supervise children” — who may not pass it on.

Inside Old Line, New Numbers, chapter by chapter

01
A statute for staff, rules for volunteers
Maryland in brief: a statute for paid staff, rules for volunteers, and a fatality rate above the U.S. rate.
02
Statute, licensing rule or your call: Maryland’s table
Statute for paid staff, licensing rule for volunteers, or your own call: the setting-by-setting table.
03
The statute that moved
Family Law §§ 5-550 to 5-557, the § 5-561 renumbering trap and the eleven listed facilities.
04
Inside Part V: what comes with a check
The sworn statement, updates, confidentiality, penalties — and what the statute doesn’t say.
05
Getting a Maryland check: CJIS, live scan and fees
DPSCS’s two fee tables, the Mentor rate, the October 2026 FBI increase and turnaround.
06
The CPS Background Clearance — and Chapter 790
What DHS releases, how to ask, how long it takes and who may ask from October 2026.
07
Child care: MSDE’s rules and the access gate
MSDE’s center and family child care rules, the access gate and who is barred.
08
Youth camps: every “sensitive position”
COMAR 10.16.06: the checks on file, the automatic bars and MDH’s fitness decisions.
09
Schools, recreation, youth sports and foster homes
Paid staff by statute, volunteers by policy, and volunteer-coach immunity.
10
Older adults: staff checks and two reporting rules
The paid-employee statute, its private-agency option and where volunteers must report.
11
Every person reports child abuse
Family Law §§ 5-704 and 5-705, the professional-only penalty and the child care rule.
12
What a Maryland record shows — and who still sees it
Expungement, shielding, § 10-302(b)(7) and registrants’ place-based bars.
13
Fair chance, § 3-711 and audit thresholds
Labor & Employment §§ 3-1501 to 3-1503, § 3-711 and the July 2026 audit thresholds.
14
Camp rules, expungement and Chapter 790
Camp-rule amendments, the Expungement Reform Act, Chapter 790 and the rest of 2025–2026 by date — plus what didn’t pass.
15
Beside MSDE checks; a bar for churches
Beside MSDE, MDH and DPSCS checks it only adds; for churches, leagues and mentoring it can set the bar.
A
Appendix A: Child care, family homes, camps and Part V
The baseline, child care centers, family child care, camps and Part V checks.
B
Appendix B: A reporting card and a sworn disclosure form
A § 5-705 card for volunteers and a § 5-553 statement you can adapt.
C
Appendix C: Where to read each Family Law section
Where to read each Family Law section and COMAR rule we cited, with dates, and what we never retrieved.

Get the free guide

Old Line, New Numbers: Maryland questions answered

Does Maryland require background checks for volunteers?: Maryland’s statute checks paid staff, and licensing rules check volunteers. Family Law § 5-551 requires national and State fingerprint checks for paid employees and employers at listed facilities — child care centers and homes, schools, foster homes, camps, and recreation programs primarily serving minors, among others — and says an employer “may require” a volunteer check. Volunteer checks are mandatory through licensing rules: MSDE’s child care regulations (COMAR 13A.15 and 13A.16) and MDH’s youth-camp regulations (COMAR 10.16.06). Outside MSDE and MDH licensing, a congregation, youth league, mentoring program or co-op writes its own volunteer standard.
What happened to Family Law § 5-561?: It was renumbered. The child care background-check provisions once at Family Law §§ 5-560 and following now sit at §§ 5-550 to 5-557, and the facility list formerly at § 5-561 is § 5-551. The General Assembly’s website returns “File Not Found” for the old numbers, though some official text, such as Criminal Procedure § 10-302(b)(3), still cites them. Read a reference to § 5-561 as § 5-551.
What checks does COMAR require of Maryland child care volunteers?: Two sets of licensing rules apply. In a child care center, every volunteer — anyone 13 or older who isn’t paid or counted in staff ratios — needs a federal and State criminal background check and a child abuse and neglect clearance, and may not be assigned to a group or given access to a child until both pass, or be alone with children until all checks pass (COMAR 13A.16.02.01I). In a family child care home, volunteers 18 or older are fingerprinted at registration, the provider must ensure a check has been applied for before a volunteer begins, and a provider must accompany a volunteer whenever an unrelated child is present.
What does DPSCS charge to fingerprint a Maryland volunteer?: DPSCS’s Background Check Services page lists a full State-and-FBI check for child care volunteers at $28 by mail or $48 in person; its CJIS FAQ page lists $29.25 and $49.25. A volunteer in a program registered with the Maryland Mentoring Partnership pays only the FBI fee under Family Law § 5-551(g)(2); DPSCS lists its Maryland Mentor rate as $15 with a certification card. From October 1, 2026, the FBI fee rises from $12 to $15, adding $3 to checks that include the national search.
Does Family Law § 5-705 make Maryland volunteers report abuse?: Yes — every person is. Family Law § 5-705 requires any person in Maryland who has reason to believe a child has been abused or neglected to notify the local department of social services or the police. Named professionals have added duties under § 5-704, and only they face the criminal penalty for knowingly failing to report in Criminal Law § 3-602.2. Child care centers may not require a volunteer to report through the director instead of directly.
Does a VolunteerBadge check replace a DPSCS fingerprint check or a CPS clearance?: No. In child care, youth camps and for paid staff at listed facilities, the DPSCS fingerprint check or CPS Background Clearance that Maryland law or a licensing rule requires still has to be done; a commercial check doesn’t substitute. VolunteerBadge fits the Maryland roles no statute or COMAR rule reaches, and can sit on top of a required check.

Beyond Old Line, New Numbers

The Maryland sources behind Old Line, New Numbers

Checked September 11, 2026. The guide cites each one where it is used.

General information, not legal advice. Laws and agency practice change. Confirm anything you rely on with the agencies named here, your licensor, your insurer or qualified counsel. Spot an error? Tell us and we will fix it.

VolunteerBadge is owned and operated by ScreenForge Labs, LLC, an FCRA-regulated Consumer Reporting Agency that has obtained its FCRA Certificate from the Consumer Data Industry Association (CDIA). This guide is general educational information and is not legal advice. Laws change; this guide's sources were checked as of September 11, 2026.