Maryland Guardianship and Custody Background Check Requirements

Background checks in Maryland guardianship and custody matters depend on the type of proceeding. State law requires criminal-history checks in specified child-welfare pathways, and a court-ordered local-department suitability report can include a criminal background check and CPS history. These rules do not make those screenings automatic in every private custody or guardianship case.

What Gets Checked

Maryland law requires screening in specific child-welfare pathways. A local-department suitability report under COMAR 07.02.11.27 must include a criminal background check and Child Protective Services history, if any. Family Law § 5-551 also requires criminal-history checks for people seeking guardianship through a local department, guardians appointed by a juvenile court, and certain relatives and adults in child-welfare placements.

Criminal-history checks are records checks of criminal-history information maintained by Maryland's CJIS Central Repository or the FBI, as Family Law § 5-550 defines.

Child Protective Services (CPS) history, if any, is part of the local-department suitability report required by COMAR 07.02.11.27.

Who Gets Screened

Family Law § 5-551 requires checks for adults living in specified child-care and child-welfare homes, including some homes where a local department places a committed child or a prospective guardian is seeking appointment through a local department. It does not create a blanket requirement to screen every adult in every private custody or guardianship home.

These rules are different from foster-care licensing requirements through the Department of Human Services. For a private case, follow any screening directions in the court's order.

How It Works

When COMAR 07.02.11.27 applies, the court orders the local department to prepare a suitability report on the proposed guardian. For a child already committed to the local department, the department conducts the process without a separate court order.

1. The local department prepares a report that includes a home study, CPS history, criminal background check, and review of the proposed guardian's physical and mental health history
2. If the criminal-history check requires fingerprints, use an authorized private provider or a government-operated service
3. The local department submits the suitability report to the court within 120 days after the order
4. If results raise concerns, the court may schedule a hearing to discuss them before proceeding

The turnaround for fingerprint-based checks varies. CJIS results typically come back within two to four weeks, though busy periods can stretch that. For a DHS CPS Background Clearance Request, submissions through the myDHRBenefits Portal are processed within 14 business days, excluding weekends and holidays. Mail or webpage submissions are processed within three to four weeks; DHS may extend that period by another two to four weeks if CPS history is reported or additional records are needed. Peak season can also extend processing.

What a Criminal Record Means

For guardianship appointments, Estates and Trusts § 11-114 bars appointment of a guardian of the person with certain convictions unless good cause is shown. The listed convictions include a felony, a crime of violence, second-degree assault, and specified third- or fourth-degree sexual offenses. A separate rule applies to guardians of property convicted of crimes reflecting adversely on honesty, trustworthiness, or fitness, unless good cause is shown.

The guardianship petition asks the proposed guardian to disclose convictions covered by § 11-114. The court applies the statute's good-cause exception when it considers an appointment.

What You Can Do to Prepare

If you want a copy of your Maryland criminal-history record, the Department of Public Safety and Correctional Services provides an individual background-check process. An FBI criminal-history record must be requested directly from the FBI. This is not necessarily the same scope as a check ordered for a particular case.

If you know a household member has a record that might raise concerns, consult with a family law attorney or a Family Law Self-Help Center about how to address it proactively in your petition rather than being caught off guard at the hearing.

Moving Forward

Background checks are one piece of a multi-step process that includes filing the right petition, serving parents, and preparing for the hearing. The Guardianship and Custody Court Process Guide covers every stage for Maryland grandparents and relatives filing for legal authority over a child.

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