reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.01 - Introduction

Current through Register 1525, July 5, 2024
606 CMR
				10.00 is adopted pursuant to Federal law at 45 CFR
				Part 98.11(b)(2) and (8), which requires the Department of Early Education and
				Care (EEC), as the Lead Agency for administering the Child Care Development
				Fund (CCDF) in Massachusetts, to promulgate rules and regulations to administer
				the CCDF Plan, and in accordance with M.G.L. c. 15D, § 1, which states the
				policy of state government to assure every child and family "a fair and full
				opportunity to reach their full potential".
				606 CMR
				10.00 is established in keeping with EEC's mission of
				providing the foundation that supports all children in their development as
				lifelong learners and contributing members of the community, and supporting
				families in their essential work as parents and caregivers.
606 CMR
				10.00 sets forth the conditions for eligibility, for
				the provision and termination of child care services, for payment, and for the
				review of decisions to terminate services provided to children and families
				through child care financial assistance programs. The goals of
				606 CMR
				10.00 include:
(a) including families and children at the
			 center of all phases of the efficient and equitable distribution of child care
			 financial assistance;
(b) creating
			 an integrated system of child care that ensures the seamless delivery of
			 quality, accessible and affordable child care for children from birth through
			 school age;
(c) standardizing
			 eligibility requirements and intake procedures for families; and
(d) administering consistent procurement and
			 payment policies and procedures.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.04 - Income Eligible Child Care Financial Assistance

Current through Register 1525, July 5, 2024
Subject to appropriation, income eligible child care financial
				assistance is available to eligible parents for care by a contracted or voucher
				child care educator/provider, or an in home or relative child care provider, in
				accordance with regulations, guidelines, and policies established by
				EEC.
(1)
Referral and
			 Waitlist
.
(a)
Family
			 Access Administrator
. Based on availability and in accordance with
			 EEC enrollment priorities and policies, the Family Access Administrator must:
1. issue a child care financial assistance
			 (contract slot or voucher) to the eligible parent, subject to an eligibility
			 determination; or
2. place the
			 child on the waitlist for child care financial assistance.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.05 - Department of Transitional Assistance (DTA)-related Child Care Program

Current through Register 1525, July 5, 2024
Subject to appropriation, DTA may issue referrals for TAFDC
				and/or certain SNAP recipients, certain former TAFDC recipients, or any other
				DTA client seeking child care supported by financial assistance, to the extent
				allowed by state and federal law, through the DTA-related child care program,
				as described in
				606
				CMR 10.05(1) through (7).
				DTA referrals for child care supported by financial assistance shall be issued
				in accordance with the regulations, guidelines, and policies established by DTA
				and in accordance with
				606
				CMR 10.03, unless otherwise noted.
(1)
Authorization
.
			 For any eligible parent seeking child care through the DTA-related child care
			 program, DTA may issue a child care referral to the eligible parent based on
			 the family's participation in the TAFDC, SNAP Pathways to Work, or DTA-related
			 programs.
(a)
TAFDC and/or SNAP
			 Families
. Parents who currently receive TaFDC and/or SNAP and
			 participate in a DTA-approved educational or employment-related activity may be
			 issued a child care referral for priority access to child care supported by
			 financial assistance for no less than 12 months, unless referral is for job
			 development or placement, whereby a 12-week job search referral may be
			 issued.
(b)
Transitional Families
. Parents who have received TAFDC
			 within the 24 months prior to their application for child care financial
			 assistance and who obtain a child care referral from DTA will have priority
			 access to child care financial assistance, provided they meet EEC eligibility
			 guidelines as established in
			 606
			 CMR 10.03 and
			 10.04.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.06 - Department of Children and Families (DCF)-related Child Care Program

Current through Register 1525, July 5, 2024
Subject to appropriation, DCF may issue referrals for children
				with active cases at DCF or during a transitional period following their case
				closure through the DCF-related child care program, as described in
				606
				CMR 10.06(1) through (9).
				DCF referrals for child care financial assistance shall be issued in accordance
				with the regulations, guidelines, and policies established by DCF and in
				accordance with the general provisions for child care financial assistance
				described in
				606
				CMR 10.03, unless otherwise noted.
(1)
Authorization
.
			 For any child with active cases at DCF, DCF may issue a referral for child care
			 services to the parent.
(2)
Referral and Waitlist
. DCF or its designee will
			 determine the appropriateness of and authorize all referrals for DCF-related
			 child care, and may either:
(a) refer the
			 parent to a Family Access Administrator authorized by EEC to provide
			 DCF-related child care appropriate to the age and needs of the child;
			 or
(b) enter the child on a
			 waitlist for child care, if there are no appropriate openings
			 available.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.07 - Young Parent Child Care Services Program

Current through Register 1525, July 5, 2024
Subject to appropriation, young parents may be eligible to
				receive child care financial assistance through the young parent child care
				services program, as described in
				606
				CMR 10.07(1) through (6),
				and provided they meet the requirements of the general provisions for child
				care financial assistance described in
				606
				CMR 10.03, unless otherwise noted:
(1)
Application and
			 Referral
. Young parents may apply for child care financial
			 assistance at a CCRR, a program contracted to provide young parent child care
			 services, a local DTA office, or any other location authorized by EEC. At the
			 time of application, the young parent must complete a child care application
			 and fee agreement on forms provided or approved by EEC. At the initial
			 authorization, the young parent must submit documentation that verifies their
			 identity, income, service need, residence, and family relationships, in
			 accordance with EEC regulation and policy. At reauthorization, the young parent
			 must only submit documentation that verifies their income and service need, and
			 shall provide documentation verifying their residency only if it has changed
			 since their last reauthorization. If a young parent has a current child care
			 referral from DTA under
			 606
			 CMR 10.05(1)(a), the
			 referral is sufficient documentation of their income, service need, residence,
			 and family relationships.
(2)
Referral and Waitlist
. Based on availability, parents
			 will be referred to and/or enrolled, subject to an eligibility determination,
			 in the young parent child care services program. Parents unable to enroll in
			 the young parent child care services program, due to a lack of available
			 funding, will be placed on a child care financial assistance
			 waitlist.
(3)
Eligibility Criteria
. Young parents seeking access to
			 child care financial assistance through the young parent child care services
			 program must comply with the financial and service need requirements of
			 606
			 CMR 10.04, unless excepted in
			 606
			 CMR 10.07(3)(a) and (b).
(a)
Service Need
			 Requirements
. Unless authorized by DTA or DCF, young parents must
			 participate in a full-time high school program, or a high school equivalency
			 (GED) program, or must have received a GED or high school diploma and be
			 participating in an approved higher education, training, and/or work activity
			 as specified at
			 606
			 CMR 10.04(2)(b).
(b)
Age
			 Requirements
. Young parents are eligible to participate in the
			 young parent child care services program until they reach their
			 24th birthday. Enrolled young parents who turn 24
			 years of age during their 12-month authorization may continue through the end
			 date of their authorization.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.08 - Child Care Educators/Providers and Informal Child Care Providers

Current through Register 1525, July 5, 2024
(1)
Care by Licensed
			 Educators/Providers
. Except as set forth in
			 606
			 CMR 10.08(2), child care
			 supported by financial assistance may be provided by an EEC licensed family
			 child care educator/provider, a licensed group or school age child care program
			 or through a family child care system, if the educator/provider, program or
			 system holds a contract or agreement with EEC to provide child care supported
			 by financial assistance services.
(2)
Care Exempt from
			 Licensure
.
(a) Child care
			 supported by financial assistance may be provided by a group or school age
			 child care program that has been determined by EEC to be exempt from licensure,
			 and with whom EEC holds a contract or an agreement to provide child care
			 services supported by financial assistance or with whom a CCRR holds a voucher
			 agreement. Prior to providing and being reimbursed for child care supported by
			 financial assistance, license exempt providers providing care must:
1. complete EEC's background record check
			 certifying the child care provider exempt from licensure, as determined by EEC,
			 has a background free of conduct which, in the judgment of EEC and in
			 accordance with EEC's Background Record Check Regulations at
			 606 CMR
			 14.00:
Criminal Offender and Other Background
			 Record Checks
, bears adversely upon their ability to provide for the
			 safety and well-being of a child.
2. complete all applicable pre-service and
			 orientation to child care trainings;
3. agree to and complete annual
			 trainings;
4. satisfy all
			 applicable health and safety requirements;
5. agree to annual monitoring visits from
			 EEC; and
6. sign an agreement to
			 provide child care supported by financial assistance.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.09 - Reimbursement

Current through Register 1525, July 5, 2024
(1)
Rates
.
			 Reimbursement to child care educators/providers shall be made on an enrollment
			 basis in accordance with rates and policy established by EEC.
(2)
Denial
. EEC may
			 deny reimbursement of child care services when:
(a) the care provided does not meet EEC
			 health and safety standards;
(b)
			 the care provided is not in the best interest of the children served;
			 or
(c) the child care
			 educator/provider fails to follow EEC regulations, policies, procedures, or
			 contract requirements.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.10 - Denial and/or Termination of Services

Current through Register 1525, July 5, 2024
Parents aggrieved by the denial or termination of their DTA
				authorization for a child care financial assistance may request a fair hearing
				on the matter from DTA in accordance with DTA regulations and policies. Parents
				aggrieved by the denial or termination of their eligibility for DCF-related
				child care services may request a fair hearing on the matter from DCF in
				accordance with DCF regulations and policies. All others whose financial
				assistance is terminated or denied may request EEC to review the decision
				through the EEC Review Process, as specified at
				606
				CMR 10.11.
(1)
Reasons for
			 Denial
. In accordance with EEC policies, EEC may deny child care
			 financial assistance for the following reasons:
(a) lack of service need;
(b) lack of financial eligibility including,
			 but not limited to, exceeding income or asset limits;
(c) outstanding unpaid parent fee
			 balance;
(d) failure to submit the
			 required documentation at authorization or reauthorization in accordance with
			 606
			 CMR 10.03(1);
(e) Substantiated Fraud;
(f) disqualification pursuant to
			 606
			 CMR 10.12;
(g) non-approved break in care; or
(h) residency outside of the Commonwealth in
			 accordance with
			 606
			 CMR 10.03(1)(c).
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.11 - Review Process

Current through Register 1525, July 5, 2024
(1)
Reasons for Review
. A parent may request an EEC review
			 when EEC or the Family Access Administrator:
(a) denies the parent's child care financial
			 assistance.
(b) terminates the
			 parent's child care financial assistance;
(c) assesses a fee that the parent believes
			 is not in accordance with EEC regulation or policy;
(d) acts or fails to act in a way that the
			 parent believes violates EEC financial assistance regulations or policy;
			 or
(e) imposes a sanction pursuant
			 to 606 CMR 10.12.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.12 - Sanctions

Current through Register 1525, July 5, 2024
(1)
Intentional Program Violation
			 (IPV) and Substantiated Fraud
. A parent determined by EEC to have
			 committed Substantiated Fraud or an Intentional Program Violation shall have a
			 period of disqualification from eligibility for each child the parent is
			 authorized for pursuant to the following:
(a)
First Offense of IPV
. If a parent is determined to
			 have committed an IPV then the parent shall receive a warning notification
			 putting the parent on notice that subsequent offenses will result in
			 disqualification.
(b)
Second Offense of IPV
. If a parent is determined to
			 have committed a second IPV, then the parent shall be disqualified from
			 eligibility for a period of 12 months from the date of termination. After that
			 time the parent is eligible to return to the waitlist in accordance with
			 606
			 CMR 10.04 or, pursuant to the applicable
			 referral, in accordance with
			 606
			 CMR 10.05 and
			 10.06.
(c)
Third Offense of
			 IPV
. If a parent is determined to have committed a third IPV, then
			 the parent shall be disqualified from eligibility for a period of 24 months
			 from the date of termination. After that time the parent is eligible to return
			 to the waitlist in accordance with
			 606
			 CMR 10.04 or, pursuant to the applicable
			 referral, in accordance with
			 606
			 CMR 10.05 and
			 10.06
(d)
Fourth or More Offense of IPV
			 or Substantiated Fraud
. If a parent is determined to have
			 committed a fourth or more IPV, or Substantiated Fraud, the parent shall be
			 disqualified from eligibility until any debt resulting from the Substantiated
			 Fraud is repaid or for a period of 36 months from the date of termination,
			 whichever is greater. After that time the parent is eligible to return to the
			 waitlist in accordance with
			 606
			 CMR 10.04 or, pursuant to the applicable
			 referral, in accordance with
			 606
			 CMR 10.05.
(e)
									606
			 CMR 10.12 shall not apply to the issuance of
			 an IPV for non-payment of parent fees, which shall follow the process pursuant
			 to 606 CMR
			 10.12(2).
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 10.00 - Child Care Financial Assistance › Section 10.13 - Applicability

Current through Register 1525, July 5, 2024
If any provision contained in
				606 CMR
				10.00 or the application thereof is held invalid to
				any person or circumstance, the remainder of
				606 CMR
				10.00 and the application of the provision in question
				to other persons not similarly situated, or to other circumstances, shall not
				be affected thereby.
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 14.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				606 CMR 14.00 is to establish
				standardized procedures for Department of Early Education and Care (EEC) to
				process Background Record Checks (BRCs) of candidates for licensure,
				employment, affiliation or presence in programs licensed, approved or funded by
				EEC in accordance with state and federal law. Additionally, EEC's BRC
				regulations apply to those seeking approval as foster and adoptive parents with
				the exception of those subject to M.G.L. c. 119, § 26A consistent with
				state and federal law.
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 14.02 - Policy

Current through Register 1525, July 5, 2024
EEC's BRC regulations are designed to ensure the completion of
				BRCs on individuals subject to EEC's oversight, including those in receipt of
				federal Child Care Development Fund (CCDF) funding pursuant to the Child Care
				Development Block Grant (CCDBG) Act of 2014 at
				42 USC §
									9858 and funding through the Families First
				Prevention Services Act of 2017 at 42 USC, § 471(a)(20)(D). Further, BRCs
				shall be performed in accordance with the statutory framework of M.G.L. c. 15D,
				§§ 7 and 8,
				606 CMR 14.00 and consistent
				with the timelines established by EEC regulations or policy. EEC is responsible
				for reviewing all disqualifying information for candidates, with the exception
				of candidates for adoptive and foster parents to the extent authorized by the
				Federal Bureau of Investigations (FBI) and state statute. EEC may delegate to
				another Commonwealth entity its authority to complete BRCs through a Memorandum
				of Understanding or other applicable agreement to the extent permitted by state
				and federal law. While effective immediately, EEC will implement the provisions
				of
				606 CMR 14.00 in phases and
				provide updated timetables for implementation within its written policies.
				Nothing in
				606 CMR 14.00 shall be
				construed to create a private right of action if an EEC licensed, approved or
				funded program has acted in accordance with
				606 CMR 14.00 and any
				policies adopted thereunder.
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 14.03 - Scope

Current through Register 1525, July 5, 2024
606 CMR 14.00 applies to
				candidates and those affiliated with EEC licensed, approved or funded programs
				in accordance with M.G.L. c. 15D, §§ 7 and 8 as well as CCDBG. BRCs
				must be completed on those who are affiliated with EEC licensed, approved or
				CCDF funded programs, as well as those with unsupervised access to children in
				child care licensed, approved or CCDF funded programs.
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 14.05 - Candidate Categories and Applicable Background Record Checks

Current through Register 1525, July 5, 2024
(1) The following candidates must complete an
			 EEC BRC regardless of type:
(a) All
			 candidates who are directly employed or intern within Programs must complete a
			 full BRC through the Program, regardless of whether such individuals work in an
			 unsupervised capacity.
(b)
			 Volunteers must complete a BRC through EEC if they are assisting a Program in
			 an unsupervised capacity.
(c)
			 Contractors and subcontractors and any other individual who is present in but
			 not directly employed by a Program shall complete a BRC if they have
			 unsupervised access to children within a Program or if otherwise required by
			 state or federal law.
(d) BRCs for
			 candidates who are not employed by the Program and do not contract or
			 subcontract with the Program, but who provide services to a child or have
			 unsupervised access to children within the Program must have a BRC request
			 processed through the Program(s) where the candidate is providing services.
			 This includes family child care system visitors and monitors, therapists who
			 have unsupervised access to children, and any other individuals who provide
			 services to children in an unsupervised capacity.
(e)
Transportation
			 Personnel
: An EEC BRC is required for all Program transportation
			 services personnel who are employed directly, contract or subcontract with an
			 EEC Program and must be processed either through the affiliated Program or
			 directly within another process established and approved by EEC in accordance
			 with EEC policy. It is presumed that all transportation drivers and monitors
			 have contact with children in an unsupervised capacity. Such checks may be
			 completed through another state agency consistent with state and federal
			 law.
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 14.06 - Adoptive and Foster Care Parent Candidates

Current through Register 1525, July 5, 2024
(1)
			 Those seeking approval as adoptive and foster care parents and all household
			 members 15 years of age or older are considered adoptive and foster care parent
			 candidates.
(2) Adoptive and foster
			 care parent candidates may complete the BRC through the adoption or foster care
			 placement agency when authorized by EEC. Sex offender checks will be completed
			 by EEC, unless another process is authorized.
(3) Adoption and foster care placement
			 agencies must review the BRC results of adoptive and foster care candidates and
			 determine whether each candidate is "suitable" according to the process
			 determined by EEC policy and in accordance with FBI authorization.
(4) EEC-licensed adoption and foster
			 placement agencies should use the provisions of
			 606 CMR 14.00 as guidance.
			 Placement agencies retain discretion over approval of adoptive and foster care
			 candidates, regardless of the BRC findings.
(5) If an adoption or foster care agency does
			 not follow
			 606 CMR 14.00 in making a
			 decision in an adoptive or foster parent application, then the agency must
			 document its reasoning for not doing so.
(6) The regulatory provisions within
			 606 CMR 14.00 only apply to
			 adoptive and foster care applicants if specified.
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 14.07 - Submitting Background Record Checks

Current through Register 1525, July 5, 2024
(1)
			 After receiving consent forms from applicable candidates, family child care
			 licensees, family child care assistants, and BRC Program Administrators will
			 submit EEC BRC requests directly through EEC utilizing an EEC-approved means of
			 submission as defined by EEC policy.
(2) Family child care licensees must submit
			 EEC BRC consent forms for all family child care candidates (including household
			 members and persons regularly on the premises 15 years of age or older) with a
			 signature validated by means permitted by EEC policy.
(3) For group, school aged, residential and
			 placement Program employees, interns, unsupervised volunteers with unsupervised
			 access to children, or non-staff working in an unsupervised capacity at such
			 Programs, the identity verification process must be completed in accordance
			 with EEC policy. Programs must ensure that a candidate's identity has been
			 validated by means approved by EEC policy.
(4) For CCDF-funded caregivers and programs,
			 the identity verification process must be completed in accordance with EEC
			 policy.
(5) BRCs for candidates who
			 are not employed by, contract or subcontract with the Program, but who provide
			 services to a child and have unsupervised access to children within a Program
			 must have a BRC request processed through the Program(s) where the candidate is
			 providing services.
(6) After a
			 Program makes a preliminary decision to hire or accept the services of a
			 candidate or a family child care educator elects to seek or maintain a license,
			 then all applicable candidates must complete a BRC consent form or the
			 electronic equivalent.
(7) All
			 candidates shall complete a BRC consent form during the initial BRC process and
			 validate their identity. Each candidate then must recertify their consent for
			 EEC on a yearly basis in a manner described by and in accordance with timelines
			 established by EEC policy. Failure to complete the consent form as required is
			 independent grounds for finding a candidate "not suitable".
(8) Family child care licensees must ensure
			 that all family child care candidates (including household members and persons
			 regularly on premises 15 years of age or older and family child care
			 assistants) sign EEC's BRC consent form each year that they are present in the
			 family child care program.
(9) BRC
			 Program Administrators shall ensure that all candidates re-certify consent each
			 year if the candidate is still working for or providing services on behalf of
			 the Program. If any of the identifying information provided does not match the
			 prior BRC form that was submitted, then the candidate's identity must be
			 re-verified in accordance with EEC policy. If there is evidence the candidate
			 provided false information, then the BRC Program Administrator must notify
			 EEC.
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 14.08 - Processing Candidates' Background Record Check Requests

Current through Register 1525, July 5, 2024
(1) A signed consent form initiates the BRC
			 process. Upon receipt of a BRC consent form, EEC will determine whether there
			 is a final suitability determination on file for the candidate within the prior
			 three years.
(2) Final Suitability
			 Determination on File:
(a) If EEC concludes
			 that it issued the candidate a prior final suitability determination and it is
			 still valid, then EEC will request additional information from the candidate.
			 The candidate must provide all required information before EEC may share the
			 final suitability determination with a new Program. Knowingly providing false
			 information in connection with this response constitutes a materially false
			 statement, which may result in EEC issuing the candidate a final suitability
			 determination of "not suitable".
(b) If EEC authorizes sharing the candidate's
			 prior suitability determination, then EEC will issue a final suitability
			 determination to the new Program. If not, a new BRC must be completed on the
			 candidate.
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 14.09 - Submission and Frequency of Background Record Checks

Current through Register 1525, July 5, 2024
(1)
Submission by Programs Other
			 than Family Child Care
: For prospective and current employees,
			 interns and unsupervised volunteers in Programs, BRC requests shall be
			 submitted by the BRC Program Administrator. Such BRC requests may be submitted
			 when there is a preliminary offer to the candidate and submission of the BRC is
			 the final step in the hiring process.
(2)
Submission of Family Child
			 Care Candidates
:
(a) For family
			 child care licensees, a BRC must be complete with a final suitability
			 determination issued on all household members and persons regularly on the
			 premises 15 years of age or older in accordance with the timeframes outlined by
			 606 CMR 7.00:
Standards for the Licensure or Approval of Family Child Care; Small
			 Group and School Age and Large Group and School Age Child Care
			 Programs
, and EEC policy before EEC will issue a license.
(b) Family child care licensees must disclose
			 to EEC any changes to the composition to the family child care home, including
			 the addition or removal of household members, or those regularly on the
			 premises consistent with
			 606 CMR 7.00:
Standards for the Licensure or Approval of Family Child Care; Small
			 Group and School Age and Large Group and School Age Child Care
			 Programs
, to ensure that a background record check is timely
			 completed.
(c) For family child
			 care assistants, a BRC must be complete with a final suitability determination
			 issued in accordance with the timeframes outlined by
			 606 CMR 7.00:
Standards for the Licensure or Approval of Family Child Care; Small
			 Group and School Age and Large Group and School Age Child Care
			 Programs
, and EEC policy before EEC will issue a certificate or
			 approval.
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 14.10 - Disqualifications

Current through Register 1525, July 5, 2024
(1)
Mandatory
			 Disqualification
: A Child Care Candidate shall have a mandatory
			 disqualifying background if they:
(a) Are
			 registered, or required to be registered, in any state or national sex offender
			 registry, repository or database;
(b) Have a felony conviction after a state or
			 national criminal check for crimes within the following categories:
1. First and second degree murder or its
			 equivalent;
2. Crimes involving
			 child abuse or neglect;
3. Crimes
			 against children, including child pornography;
4. Spousal abuse;
5. Crimes involving rape or sexual
			 assault;
6. Kidnapping;
7. Arson; and
8. Physical assault or battery;
(c) Have a conviction as an adult
			 after a state or national criminal check for a violent misdemeanor committed
			 against a child including, but not limited to, the following crimes: child
			 abuse, child endangerment, sexual assault, or a misdemeanor involving child
			 pornography;
(d) Refuse to consent
			 to an EEC BRC as required by law, unless subsequently resolved in accordance
			 with EEC policy; or
(e) Knowingly
			 make a materially false statement in connection with a BRC, unless subsequently
			 resolved in accordance with EEC policy.
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 14.11 - Results from Background Record Checks

Current through Register 1525, July 5, 2024
(1)
			 If the BRC results reveal that there are no disqualifications during the sex
			 offender and fingerprint-based checks, the BRC Program Administrators may be
			 notified of the possibility of hiring the candidate provisionally, unless the
			 candidate is a group, school age, residential, or placement licensee, family
			 child care candidate, in-home non-relative caregiver, relative caregiver or
			 affiliated candidate.
(2) If the
			 candidate has no disqualifications after the completion of the entire EEC BRC
			 process, EEC will notify the Program and issue the candidate a final
			 suitability determination of "suitable".
(3) If a candidate with any disqualification
			 fails to complete EEC's BRC Process within 45 days, EEC may issue a final
			 suitability determination of "not suitable".
(4) If the EEC BRC reveals any
			 disqualification, EEC will inform the candidate either before an adverse
			 employment decision is made or as part of the licensing appeals process:
(a) That the candidate has a disqualifying
			 background;
(b) Of the candidate's
			 BRC results and will provide the candidate with a copy of their criminal
			 record;
(c) Of the candidate's
			 right to dispute the accuracy of the BRC findings; and
(d) Of the process to dispute the accuracy of
			 the BRC finding. EEC will also provide a copy of the CORI Policy.
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 14.13 - Provisional and Conditional Hiring, Final Suitability Determinations and Transfer of Suitability

Current through Register 1525, July 5, 2024
(1) An EEC BRC is
			 not complete and a candidate does not become a permanent employee, volunteer,
			 intern, licensee, or person approved to provide services on behalf of a Program
			 until EEC issues the candidate a final suitability determination.
(2)
Provisional Status and
			 Conditional Hiring
:
(a)
Provisional Status
: After a candidate completes the
			 required sex offender checks, a fingerprint-based check and EEC completes its
			 preliminary screening process, EEC may authorize the Program to hire the
			 candidate in provisional status in accordance with EEC policy. EEC may
			 determine that the candidate's BRC history precludes them from being hired in
			 provisional status.
(b)
Conditional Hiring
: Candidates may be authorized to
			 work as a conditional hire when permitted by EEC in accordance with EEC policy
			 and state and federal law.
(c) Upon
			 receipt of notification that a candidate is eligible for provisional status, a
			 Program may, within its discretion, utilize a candidate in a position under the
			 direct visual supervision of a Program employee who has a current "suitable"
			 finding with EEC until the candidate's remaining checks are complete and the
			 Program receives a "suitable" final suitability determination from
			 EEC.
(d) EEC may require a
			 candidate to be placed in provisional status pending the outcome of any EEC
			 BRC.
(e) Licensees, family child
			 care candidates, relative caregivers, in-home non-relative caregivers,
			 transportation personnel, temporary agency staff, and contracted/service
			 providers may not be placed in provisional status.
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 14.14 - Appeals

Current through Register 1525, July 5, 2024
(1) Candidates with a verified mandatory
			 disqualification do not have the right to undergo an appeals process with EEC.
			 EEC's "not suitable" determination is final and results in a lifetime ban under
			 CCDBG, unless the candidate's disqualification is expunged, pardoned or
			 otherwise permanently removed from their record.
(2) Licensees who have been found "not
			 suitable" after completing EEC's review process may file for an adjudicatory
			 hearing at the Division of Administrative Law Appeals (DALA) within 21 days of
			 receipt of the "not suitable" final suitability determination. The hearing will
			 be held pursuant to M.G.L. c. 30A, and
			 801 CMR 1.01:
Formal Rules
.
(3)
			 A "not suitable" determination for a family child care licensee due to the BRC
			 of a household member or person regularly on the premises will entitle the
			 family child care licensee to file an appeal in accordance with 606 CMR
			 14.14(2). The right to appeal is held by the licensee, not the family child
			 care household member or person regularly on the premises.
(4) Certified and regular family child care
			 assistants who have been found "not suitable" may file for an adjudicatory
			 hearing at EEC within 21 days of receipt of the "not suitable" final
			 suitability determination. The hearing will be held pursuant to M.G.L. c. 30A,
			 and
			 801 CMR
			 1.02:
Informal
			 Rules
.
(5) Group, school
			 age, residential, and funded program candidates who are not licensees and
			 placement agency candidates may file for an adjudicatory hearing at EEC within
			 21 days of receipt of the "not suitable" final suitability determination. The
			 hearing will be held pursuant to M.G.L. c. 30A, and
			 801 CMR
			 1.02:
Informal
			 Rules
.
(6) In-home
			 non-relative caregivers and relative caregivers may file for an adjudicatory
			 hearing at EEC within 21 days of receipt of the "not suitable" final
			 suitability determination. The hearing will be held pursuant to M.G.L. c. 30A,
			 and
			 801 CMR
			 1.02:
Informal
			 Rules
.
(7) Candidates who
			 have been found "not suitable" for failing to respond or providing false
			 information or related to a pending offense may reapply at any time, but must
			 repay all associated fees. If the candidate fails to respond on more than one
			 occasion or provides false information on more than one occasion, then the
			 candidate will be prohibited from reapplying for a period of three years,
			 unless the prohibition is waived by EEC.
(8) Candidates whose "not suitable" results
			 from a comprehensive BRC review of all adverse findings may not reapply for a
			 period of five years. EEC may in its discretion determine whether to apply a
			 "not suitable" final suitability determination to a candidate's future
			 application in a different role.
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 14.15 - Programs Responsibility

Current through Register 1525, July 5, 2024
(1)
Submission of Consent
: The BRC Program Administrator
			 or Licensee is responsible for ensuring all candidates submit consent and renew
			 their consents annually.
(2)
Storage of BRC Information (Excluding Family Child Care
			 Licensees)
: BRC Program Administrators or licensees must keep
			 copies of the consent form, identification provided, EEC's provisional or
			 conditional authorization if applicable, and the candidate's final suitability
			 determination in each candidate's personnel folder.
(3)
Hiring by Group, School Age,
			 Residential, Placement and Funded Programs
:
(a) Provisional hires may only work in a
			 supervised capacity.
(b) The
			 Program shall require as a condition of the candidate's permanent employment,
			 receipt of a letter from EEC indicating the person has been found "suitable"
			 after completion of an EEC BRC.
(c)
Hiring/Affiliation Decisions
: The BRC Program
			 Administrator must timely and regularly update each candidate's employment
			 status with EEC in accordance with EEC policy to ascertain whether such
			 candidates are present in the Program.
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 14.16 - Agency Audits

Current through Register 1525, July 5, 2024
EEC shall periodically review BRC documentation maintained by
				Programs to ensure compliance with state and federal statutes, regulations,
				policies, and procedures. All Programs shall develop procedures that ensure
				that EEC can audit compliance with
				606 CMR 14.00.
Programs are also subject to Department of Criminal Justice
				Information Services (DCJIS) and Federal Bureau of Investigation (FBI) audits
				to ensure compliance with
				803 CMR 2.00:
Criminal
				Offender Record Information (CORI)
and the FBI CJIS Security
				Policy.
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 14.17 - Severability

Current through Register 1525, July 5, 2024
If any provisions of
				606 CMR 14.01 through
				606 CMR 14.16 or
				the applications of such provisions to any person or circumstance are held
				invalid or unconstitutional, then the other provisions of said
				606 CMR 14.01 through
				606 CMR 14.16 or
				the application of such provisions to any person or circumstance other than the
				one held invalid shall not be affected.
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 14.18 - Table of Disqualifying Offenses

Current through Register 1525, July 5, 2024
For a list of offenses falling into each disqualification
				category, please refer to EEC's Table of Disqualifying Offenses, which shall be
				available as an EEC policy on the EEC website found on
www.mass.gov
. These offenses shall be
				construed as including all violations of Massachusetts law or like violation of
				the law of another state, the United States, or a military, territorial or
				Indian tribal authority. Nothing in 606 CMR 14.18 shall preclude EEC from
				considering any criminal charges or convictions not included in any of the
				tables in making its suitability determinations.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 15.00 - Early Education and Out of School Time Capital Fund Program › Section 15.01 - Scope, Purpose, and Applicability

Current through Register 1525, July 5, 2024
(1) The Early
			 Education and Out of School Time (EEOST) Capital Fund (Fund) was created by An
			 Act Financing the Production and Preservation of Housing for Low- and
			 Moderate-income Residents, St. 2013, c. 129, §§ 2 (Budget Line Item
			 3000-0400) and 3, and reauthorized by St. 2018. c. 99, §§ 2 (Budget
			 Line Item 3000-0410), 3, and 4. The statute authorizes the Department of Early
			 Education and Care (EEC) to administer up to $45 million in general obligation
			 bond funds for grants to develop eligible facilities for use as licensed Large
			 Group and School Age Child Care Programs as defined in
			 606 CMR
			 7.00:
Standards for the Licensure or Approval
			 of Family Child Care; Small Group and School Age and Large Group and School Age
			 Child Care Programs.
(2)
			 The EEOST Capital Fund provides grants to tax-exempt nonprofit corporations or
			 organizations in which a nonprofit corporation has a controlling interest,
			 which shall use such grant funds to develop and/or rehabilitate eligible
			 facilities in which at least 50% of the slots in the facility shall serve
			 low-income families who are eligible for public subsidy.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 15.00 - Early Education and Out of School Time Capital Fund Program › Section 15.03 - Eligible Facilities

Current through Register 1525, July 5, 2024
An EEOST Grant may only be made for development of a
				Financially Feasible Project that will result in an Eligible Facility that
				shall be used or is used currently as a licensed Large Group and School Age
				Child Care center as defined by EEC and which:
(1) complies with M.G.L. c. 15D and all
			 regulations and policies adopted thereunder;
(2) complies with all other applicable
			 Federal, State, and local statutes, regulations, and ordinances including, but
			 not limited to, the Americans with Disabilities Act and 780 CMR:
Massachusetts State Building Code
; and
(3)
(a)
			 meets a need for a Large Group and School Age Child Care Center;
(b) benefits the affected
			 community;
(c) has a need for
			 financial assistance in the form of such a grant; and
(d) has local support, all as demonstrated by
			 the proponent of such project.
Preference may be given to projects that have suffered partial
				or complete damage to an Eligible Facility from a natural or man-made
				disaster.
Code of Massachusetts Regulations › 606 CMR - DEPARTMENT OF EARLY EDUCATION AND CARE › Title 606 CMR 15.00 - Early Education and Out of School Time Capital Fund Program › Section 15.05 - Waiver Provisions

Current through Register 1525, July 5, 2024
If any provisions of
				606 CMR
				15.00 would preclude use of federal or other funds
				that would assist in meeting the goals of the EEOST Fund, the Board of Early
				Education and Care authorizes the EEC Commissioner to modify, waive, or
				negotiate such modifications to
				606 CMR
				15.00 as may be required to allow the use of such
				funds; provided however, that the interests of the Commonwealth shall remain
				protected.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.01 - Authority

Current through Register 1525, July 5, 2024
610 CMR
						2.00 is promulgated by the Board of Higher Education
						as required by M.G.L. c. 69, §§ 30, 30A and 31A and in accordance
						with the requirements of M.G.L. c. 30A regarding state administrative
						procedures.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.02 - Purpose

Current through Register 1525, July 5, 2024
610 CMR
						2.00 is promulgated to establish procedures and
						criteria for decisions by the Board of Higher Education affecting the authority
						of independent educational institutions subject to the jurisdiction of the
						Board to grant degrees, to conduct credit-bearing courses within the
						Commonwealth, and to use the terms "junior college," "college," or "university"
						as part of their names. The regulations adopted and implemented by the Board
						for the establishment and operation of independent colleges and universities
						are designed to assure prospective students and other interested parties that
						the institutions licensed meet minimal levels of quality consistent with
						current professional judgment.