Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 14.00 - Criminal Offender And Other Background Record Checks › Section 14.12 - Review Process for Candidates with Criminal or Child Welfare Findings

Current through Register 1525, July 5, 2024
(1)
Mandatory
			 Disqualification
: A candidate with a mandatory disqualification
			 may not have their disqualification reviewed, unless they successfully dispute
			 the accuracy or completeness of the record by demonstrating that it falls
			 within another disqualification category.
(2)
BRC Review Process for
			 Presumptive and Discretionary Disqualifications
: The nature of the
			 information sought by EEC shall depend on the level of seriousness of the
			 conduct being reviewed. Failure of the candidate to submit requested
			 information in the time frames set forth by EEC may result in the candidate
			 being found "not suitable".
The following steps constitute the review process applicable to
				presumptive and discretionary disqualifications:
(a) EEC shall inform the candidate of their
			 BRC findings and offer the candidate the opportunity to submit other relevant
			 information.
(b)
Review
			 of Presumptive Disqualifications
: If EEC notifies a candidate that
			 the BRC reflects a presumptive disqualification, then the candidate may be
			 required to submit the following documentation within a time frame set forth by
			 EEC Policy:
1. A written assessment by a
			 qualified mental health professional who is not the candidate's treating mental
			 health professional or direct employer. The mental health professional's
			 assessment must:
a. Describe the nature of the
			 assessment performed;
b. Originate
			 from the mental health professional's opinion after completing an evaluation;
			 and
c. Conclude in writing whether
			 the candidate poses an unacceptable risk of harm to the persons served by the
			 program where the candidate is applying.
2. Alternatively, the candidate may submit a
			 letter from the candidate's criminal justice official, including a probation or
			 parole officer that the candidate does not pose a risk of harm to the persons
			 served by the program where the candidate is applying.
3. Failure to supply the requested written
			 assessment or letter in the time frame set forth by EEC may result in the
			 candidate being issued a "not suitable" final suitability
			 determination.
(c) If a
			 candidate is notified by EEC that the BRC reflects a discretionary or
			 presumptive disqualification, then the candidate may be required to submit the
			 following documentation within a time frame set forth by EEC Policy:
1. Police Reports;
2. Docket Sheets;
3. Candidate Statement;
4. Child Welfare Documentation;
5. Reference Letters;
6. Probation or Parole
			 Documentation;
7. Imprisonment
			 Papers;
8. Evidence of
			 Rehabilitation; and
9.
			 Recommendation from Current or Prospective Employer within the candidate's
			 discretion (optional).
(d) EEC may obtain additional information
			 from the police, courts, prosecuting attorney, or any other knowledgeable
			 source for purposes of completing the review process.
(e)
Standard of
			 Review
: EEC shall require from the candidate clear and convincing
			 evidence demonstrating the candidate's suitability for licensure, employment or
			 affiliation in light of the concern for children's safety.
(f)
Review Factors
:
			 In assessing the candidate's suitability given the concern for children's
			 safety, due weight shall be given to the following factors when evaluating the
			 candidate's criminal offense(s) or abuse/neglect finding(s):
1. Time since the incident(s);
2. Age of the candidate at the time of the
			 incident(s);
3. Seriousness and
			 specific circumstances surrounding the incident(s);
4. Relationship of the incident(s) to the
			 ability of the candidate to care for children;
5. Number of criminal offenses or findings of
			 abuse/neglect;
6. Dispositions of
			 criminal offenses and findings of abuse/neglect;
7. Relevant evidence of rehabilitation or
			 lack thereof; and
8. Other relevant
			 information, including information submitted by the candidate.
(g) EEC shall document the reasons
			 for its final suitability determination.