Code of Massachusetts Regulations › 112 CMR - COMMISSION FOR THE DEAF AND HARD OF HEARING › Title 112 CMR 6.00 - Criminal Offender Record Checks › Section 6.05 - Definitions

Current through Register 1525, July 5, 2024
Candidate
: Any person seeking
				employment or a position as a regular volunteer or trainee to provide services
				for or on behalf of the MCDHH or its vendor agency programs, where such
				employment or position involves potential unsupervised contact with program
				clients. Employment includes but is not limited to placement in: state
				positions; federal positions; positions funded by grants, bonds or other
				capital outlay; and, vendor agency positions.
Community Service Worker
: Any
				individual who, as a condition of probation, is applying for a position.
CORI Cleared Employee
: Any former
				candidate who was hired as an employee after successfully satisfying the
				requirements of
				112 CMR 6.00.
CORI Coordinator
: The person
				designated by the hiring authority to send requests and receive responses from
				the CHSB EOHHS CORI Unit.
CORI Investigation
: The process of
				requesting or receiving and evaluating a CORI check related to candidates for a
				positions in MCDHH or a vendor agency program.
Criminal History Systems Board (CHSB) EOHHS CORI
				Unit
: The EOHHS sponsored unit within the Criminal History Systems
				Board which processes requests for CORI information from EOHHS agencies and
				offers technical assistance with any question arising from the results of a
				search.
Criminal Justice Official
: Either the
				candidate's probation officer, parole officer or correctional facility
				superintendent (or designee), depending upon the person having the most recent
				responsibility for supervision of the candidate. In cases where the candidate
				was last supervised in a correctional facility, the candidate may advise the
				hiring authority of any employee of the correctional facility who may have
				specific information about the candidate that would assist the superintendent
				or designee in his/her assessment process.
Criminal Offender Record Information
				(CORI)
: Information regulated by the Criminal History Systems
				Board and maintained by the Board of Probation regarding the criminal histories
				of persons within the Massachusetts Court system.
Discretionary Disqualification
: A
				category of offenses that may result in disqualifying a candidate for a
				position which entails potential unsupervised contact with persons receiving
				services.
Final Disposition
: the date of
				release from all custody, probation or parole of the date of conviction,
				whichever is the most recent.
Five Year Presumptive
				Disqualification
: A category of offenses where the final
				disposition of any included offense occurred within five years of the date of
				application for a position in any MCDHH funded or operated program. Conviction
				of any such offense results in presumption of disqualification for employment
				or other services which entail potential unsupervised contact with persons
				receiving services in any MCDHH funded or operated program, due to the presumed
				unacceptable risk posed by the nature of the crime to persons receiving
				services. A five year presumptive disqualification shall become a discretionary
				disqualification if
(a) five years or more have passed since the final disposition
				of the offense, or
(b) the candidate's criminal justice official concludes in
				writing that the candidate, within the position sought, does not pose an
				unacceptable risk of harm to the persons served by the program, or
(c) the criminal justice official has been determined by the
				hiring authority to be unavailable or has indicated to the hiring authority
				that he/she has insufficient information to render an assessment, then the
				hiring authority may seek an assessment of the candidate's risk of harm from a
				qualified mental health professional and the qualified mental health
				professional concludes in writing that the candidate, within the position
				sought, does not pose an unacceptable risk of harm to the persons served by the
				program.
Hiring Authority
: The person legally
				authorized or designated to make hiring decisions within the affected agency,
				department, office, program, or facility.
Lifetime Presumptive
				Disqualification
: A category of offenses for which conviction of
				any such offense results in a presumption of disqualification for employment or
				other service which entails potential unsupervised contact with persons
				receiving services in any EOHHS funded or operated program, due to the presumed
				unacceptable risk posed by the nature of the crime to persons receiving
				services. A lifetime presumptive disqualification shall become a discretionary
				disqualification if:
(a) the candidate's criminal justice official concludes in
				writing that the candidate, within the position sought, does not pose an
				unacceptable risk of harm to the persons served by the program, or
(b) the criminal justice official has been determined by the
				hiring authority to be unavailable or has indicated to the hiring authority
				that she has insufficient information to render an assessment, then the hiring
				authority may seek an assessment of the candidate's risk of harm from a
				qualified mental health professional and the qualified mental health
				professional concludes in writing that the candidate, within the position
				sought, does not pose an unacceptable risk of harm to the persons served by the
				program.
MCDHH Funded or Operated Program
: Any
				program operated by MCDHH or contracted and funded by MCDHH with a vendor
				agency that provides services for or on behalf of MCDHH clients.
No Record
: The conclusion from a CORI
				search that applicable criminal records relating to the candidate have not been
				found. A finding of "no record" does not necessarily mean, however, that
				criminal information is not present in the CORI database.
Pending
: A criminal offense shall be
				considered pending if the CORI report indicates that the offense remains open
				and without final resolution, including that the case has been continued
				without a finding.
Position
: Employment, service by a
				regular volunteer, or trainee.
Potential Unsupervised Contact
: A
				reasonable likelihood for contact with a person who is receiving or applying
				for MCDHH services when no other CORI cleared employee is present. A person
				having only the potential for incidental unsupervised contact with clients in
				commonly used areas such as elevators, hallways and waiting rooms, shall not be
				considered to have the potential for unsupervised contact for purposes of
				112 CMR 6.00. These excluded
				areas do not include bathrooms and other isolated areas (not commonly utilized
				or sight and sound separate from other staff).
Qualified Mental Health Professional
A psychiatrist, licensed to practice medicine under M.G.L. c. 112, § 2, a
				psychologist, licensed under M.G.L. c. 112, §§ 118 through 121, or a
				licensed independent clinical social worker licensed under M.G.L. c. 112,
				§§ 130 through 132; provided that the psychiatrist, psychologist, or
				licensed independent clinical social worker (LICSW) has at least 1,000 hours of
				experience over a minimum of two years involving assessment, treatment, and
				consultation concerning individuals with behavior that presents a risk of harm
				to others in the community, in the workplace, in treatment settings, or in
				correctional facilities; provided further that the psychiatrist, psychologist,
				or licensed independent clinical social worker has not provided treatment to
				the candidate and is not an employee of the hiring authority.
Ten Year Presumptive
				Disqualification
: A category of offenses where the final
				disposition of any included offense occurred within ten years of the
				application date for employment or a person in any EOHHS funded or operated
				program. Conviction of any such offense results in a presumption of
				disqualification for employment or other service which entails potential
				unsupervised contact with persons receiving services, due to the presumed
				unacceptable risk posed by the nature of the crime to persons receiving
				services. A ten year presumptive disqualification shall become a discretionary
				disqualification if:
(a) ten years or more have passed since the final disposition
				of the offense, or
(b) the candidate's criminal justice official concludes in
				writing that the candidate, within the position sought, does not pose an
				unacceptable risk of harm to the persons served by the program, or
(c) the criminal justice official has been determined by the
				hiring authority to be unavailable or has indicated to the hiring authority
				that she has insufficient information to render an assessment, then the hiring
				authority may seek an assessment of the candidate's risk of harm from a
				qualified mental health professional and the qualified mental health
				professional concludes in writing that the candidate, within the position
				sought, does not pose an unacceptable risk of harm to the persons served by the
				program.
Trainee
: Any person enrolled in an
				academic program or participating in a pre or post-doctoral training program
				that is affiliated with an accredited educational institution or hospital, who
				receives a placement within MCDHH or a vendor agency program.
Vendor Agency Program
: The provision
				of client services by any individual, corporation, partnership, organization,
				trust, association or other entity through funding by the MCDHH.
Volunteer
: Any person who works in an
				unpaid capacity for MCDHH or a vendor agency program. For purposes of 112 CMR
				6.05:
Volunteer
, a current consumer of services at a
				facility or program who provides unpaid services at that facility or program
				shall not be considered a volunteer at that facility or program.
Work Release Program
: A program of
				unpaid work performed by any individual who is under the custody of the state
				or county correctional system.