Code of Massachusetts Regulations › 115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES › Title 115 CMR 12.00 - National Criminal Background Checks › Section 12.04 - Definitions

Current through Register 1525, July 5, 2024
Applicant for Employment
. Any person
				seeking employment from DDS or a DDS vendor program, including current
				employees seeking new positions.
Applicant for Licensure
. Any person
				seeking a license from DDS for a facility offering residential or day services,
				or any other service licensed by DDS.
Candidate
. Any person required by
				M.G.L. c. 19B, §§ 19 and 20 to submit to a scan of their fingerprints
				and undergo a fingerprint-based check of the state and national criminal
				history databases as a condition of employment, licensing, funding, or
				approval.
Client
. Any individual applying for or
				receiving DDS licensed, funded, or approved intellectual or developmental
				disability services from DDS or a DDS vendor agency or DDS licensed, funded, or
				approved program.
Conditional Employee
. A CORI-cleared
				employee who has the potential for unsupervised contact with Department
				clients, who is hired prior to obtaining the results of a fingerprint-based
				check of the state and national criminal history databases. For the purposes of
				115 CMR 12.00, current employees hired prior to the requirement of a
				fingerprint-based check of the state and national criminal databases are not
				conditional employees.
CORI Cleared Employee
. Any candidate
				for hiring whose hiring authority has completed all requirements of
				101 CMR 15.00:
Criminal Offender Record Checks
.
Criminal Justice Official
. Either a
				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.
DDS Criminal Background Check
. A
				review by the Department of Developmental Services of the results of
				fingerprint-based checks of the state and national criminal history databases
				to determine suitability for employment, licensure, funding, or approval in
				position(s) and/or programs that entail the potential for unsupervised contact
				with clients.
DDS Criminal Background Check Unit
				(CBCU)
. The designated unit within the Department of Developmental
				Services responsible for the review and evaluation of the results of
				fingerprint-based checks of state and national criminal history databases and
				the determination of suitability for employment, licensure, funding, or
				approval in position(s) and/or programs that entail the potential for
				unsupervised contact with clients.
Department of Criminal Justice Information Services
				(DCJIS)
. An Executive Office of Public Safety and Security agency,
				DCJIS maintains and provides information from the Commonwealth's criminal
				information systems.
Department of Early Education and Care
				(EEC)
. An agency within the Executive Office of Education
				established by M.G.L. c. 15D, § 2.
Employee
. An individual holding a full
				or part-time position, including state employees, contract employees,
				individual consultants or contractors, temporary employees, volunteers,
				trainees and students, apprentice, intern, transportation provider or
				subcontractor regardless of whether the individual receives compensation and
				the source of funding for the position. For the purposes of 115 CMR 12.00, 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.
EOHHS
. The Executive Office of Health
				and Human Services.
Fingerprint-based Check
. A scan of a
				candidate's fingerprints submitted to the Massachusetts State Police and the
				Federal Bureau of Investigation for matching against state and national
				criminal history databases. The results of a fingerprint scan are then returned
				to the Massachusetts State Police and forwarded to DDS for consideration and
				review.
Hiring Authority
. The person or
				persons legally authorized or designated to make hiring decisions within an
				agency, department, office, program, or facility. Different persons may be
				authorized or designated as responsible for specific parts of the process in
				making a hiring decision. For the purposes of 115 CMR 12.00, the
Hiring Authority
may also be the individual or entity
				seeking licensure of a program or approval of a candidate as part of a
				licensing or approval determination not related to a hiring decision.
No Record
. The conclusion from a
				fingerprint-based check of the state and national criminal history databases
				that convictions or pending charges 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 state and national criminal history
				databases.
Pending
. A criminal matter is
				considered pending if the results from the state and national criminal history
				databases report indicates that the matter remains open and without final
				resolution, including that the case has been continued without a
				finding.
Potential for Unsupervised Contact
.
				Potential for contact with a client when no other CORI cleared employee or
				person who has been determined suitable following a fingerprint-based check of
				the state and national criminal history is present. A person having only the
				potential for incidental unsupervised contact with clients in commonly used
				areas such as elevators, hallways, waiting rooms, or other common living spaces
				will not be considered to have the potential for unsupervised contact for the
				purposes of 115 CMR 12.00. The term
Commonly Used
				Areas
does not include bathrooms or other isolated areas that are
				separated by sight and sound from other persons.
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 behaviors 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.
Regularly on the Premises
. Usual or
				common presence in a location, surpassing access by invitation-only, in which
				the person has authorization to enter and remain in the location unmonitored on
				an ordinary basis. For the purposes of 115 CMR 12.00, family member or social
				contacts visiting with DDS clients at a location where they receive supports
				are not considered to be regularly on the premises.
Transportation Providers
. Any person
				who provides transportation services to DDS clients on behalf of any DDS
				licensed, funded, or approved program, whether employed directly by or
				subcontracted with the licensed, funded, or approved program.
Vendor
. An individual, agency or other
				legal entity licensed, approved or funded by DDS that has day-to-day
				responsibility for the operation of services or supports or facilities
				regulated by the Department.
Volunteer
. Any person who works in an
				unpaid capacity on a regular basis for a DDS licensed, funded, and/or approved
				program. For the purposes of 115 CMR 12.00, 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.