Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 15.00 - CRIMINAL OFFENDER RECORD CHECKS › Section 15.04 - Definitions

Current through Register 1525, July 5, 2024
Applicant
. Any person seeking
				employment with EOHHS or an EOHHS agency or their vendor programs, including
				current employees seeking new positions.
Candidate
. Any person who is first
				determined otherwise qualified for the position and has received a conditional
				offer of employment subject to consideration of any criminal record
				information.
Client
. Any person applying for or
				receiving EOHHS or EOHHS agency or their vendor program services.
Community Service Worker
. Any
				individual who, as a condition of probation, is applying for a position.
CORI Cleared Employee
. Any candidate
				hired as an employee after the hiring authority completed all requirements of
				101 CMR 15.00.
CORI Coordinator
. The person
				designated by the hiring authority to send requests and receive responses from
				the Department of Criminal Justice Information Services (DCJIS).
CORI Investigation
. The process of
				requesting, receiving, and evaluating CORI related to candidates for
				employment.
Criminal Justice Official
. Either the
				candidate's probation officer, parole officer, or correctional facility
				superintendent (or designee), depending upon whomever had the most recent
				responsibility for supervision of the candidate. Candidates last supervised in
				a correctional facility 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 in his or her assessment process.
Criminal Offender Record Information
				(CORI)
. Information recorded as a result of criminal proceedings
				or any consequent related proceedings and regulated by the Department of
				Criminal Justice Information Services under
				803 CMR 2.00:
Criminal
				Offender Record Information (CORI)
.
Department of Criminal Justice Information Services
				(DCJIS)
. The Commonwealth agency statutorily designated to, among
				other things, provide a public safety information system and network to support
				data collection, information sharing, and interoperability for the
				Commonwealth's criminal justice and law enforcement community and to oversee
				the authorized provision of Criminal Offender Record Information (CORI) to the
				non-criminal justice community.
Employees
. Individuals holding full
				and part-time positions, including state employees, contract employees,
				individual consultants, temporary employees, volunteers, trainees, interns, or
				students, regardless of whether the individuals receive compensation and the
				source of funding for the positions. For the purposes of 101 CMR 15.04, a
				current client of a facility or program who provides services at that facility
				or program will not be considered an employee at that facility or
				program.
Employment
. Full and part-time
				positions held by any person, including state employees, contract employees,
				individual consultants, temporary employees, volunteers, trainees, interns, or
				students, regardless of whether the person receives compensation and the source
				of funding for the positions.
EOHHS
. The Executive Office of Health
				and Human Services.
EOHHS Agency
. Any agency, department,
				commission, office, board, division, or other body within and subject to EOHHS
				under M.G.L. c. 6A, § 16, including the Office of Elder Affairs.
EOHHS Funded or Operated Program
. Any
				program operated by EOHHS or an EOHHS agency or their vendor programs that
				provides health and human services for or on behalf of EOHHS or EOHHS agency
				clients in accordance with a contract under
				808 CMR 1.00:
Compliance, Reporting and Auditing for Human and Social
				Services
.
Hiring Authority
. The person or
				persons legally authorized or designated to make hiring decisions within EOHHS
				or an EOHHS agency or their vendor programs. Different persons may be
				authorized or designated as responsible for specific parts of the process in
				making a hiring decision.
No Record
. The conclusion from a CORI
				search that shows no information relating to the candidate is available for
				release to EOHHS, an EOHHS agency, or their vendor programs. A finding of "no
				record" does not necessarily mean, however, that criminal information is not
				present in the CORI database.
Otherwise Qualified
. An applicant who
				meets all other employment criteria and consideration for a position.
Pending
. A criminal matter is
				considered pending if the CORI report indicates that the matter remains open
				and without final resolution, including that the case has been continued
				without a finding.
Potential Unsupervised Contact
.
				Potential for contact with a client 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, will not be considered to have the potential for unsupervised contact
				for purposes of
				101 CMR 15.03. The term
				"commonly used areas" does not include bathrooms or other isolated areas that
				are separated by sight and sound 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 an
				independent clinical social worker licensed under M.G.L. c. 112, § 130
				through 132; provided that he or she 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 he or she has not provided treatment to the
				candidate.
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 EOHHS or an EOHHS agency or their vendor
				programs.
Vendor Program
. A program,
				administered by an individual, corporation, partnership, organization, trust,
				association, or other entity, that provides services to EOHHS or EOHHS agency
				clients under a contract issued by EOHHS or an EOHHS agency in accordance with
				808 CMR 1.00:
Compliance, Reporting and Auditing for Human and Social
				Services
. An individual or entity will not be considered a vendor
				program solely because they participate as a MassHealth provider or are
				licensed by an EOHHS agency or receive a grant from EOHHS or an EOHHS
				agency.
Volunteer
. Any person who works in an
				unpaid capacity for EOHHS, an EOHHS agency, or vendor program. For the purposes
				of 101 CMR 15.04, a current client of a facility or program who provides unpaid
				services at that facility or program will not be considered a volunteer at that
				facility or program.
Work Release Program
. A program of
				unpaid work performed by an individual under the custody of the state or county
				correctional system.