Section 430.090 - Background Information(A) The operator shall develop and follow written procedures for the review of the background of each staff person and volunteer.(B) Each staff person and volunteer shall have a background free of conduct that bears adversely upon his or her ability to provide for the safety and well-being of the campers. The operator shall determine whether each staff person's and volunteer's conduct, criminal or otherwise, shall disqualify that person from employment or service at the camp. In making this determination, the operator shall consider at a minimum information required under 105 CMR 430.090(C) and (D).(C) At a minimum the operator shall require for each camping season the following with regard to each staff person: (1) Prior work history, including name, address and phone number of a contact person at each place of employment for the previous five years, and(2) Three positive reference checks from individuals not related to the staff person including, but not limited to, previous employers or school administrators. Returning staff persons may use prior references on record with the camp provided if there is a gap in employment with the camp for one or more camp seasons, new references shall be required.(3) Inquiry by the operator into each staff person's prior criminal history. Such inquiry shall include, at a minimum, a criminal history inquiry as indicated:(a) The operator shall obtain a sex offender registry information check from the Massachusetts Sex Offenders Registry Board for all prospective staff. International staff entering the country pursuant to a visa and who have not previously been in the United States are exempt.(b) In accordance with M.G.L. c. 6, § 172G, operators shall obtain a CORI/Juvenile Report from the Department of Criminal Justice Information Services for all prospective staff.(c) For prospective staff whose permanent residence is not Massachusetts (out of state and international), the operator, where practicable, shall also obtain from the applicant's state criminal information system, local chief of police, or other local authority with access to relevant information, a criminal record check or its nationally recognized equivalent (e.g., biometric data).(d) If there is no interruption in the staff person's employment by the camp or organization operating the camp from the time of the initial background check, a new criminal or sex offender history is required at a minimum every three years. This applies only to permanent employees of the same camp or organization operating the camp. Any break in employment service requires a new criminal history and sex offender inquiry for the staff person.(D) At a minimum, the operator shall require for each camping season the following with regard to each volunteer: (1) Prior work or volunteer history, including name, address and phone number of a contact person at each place of employment or volunteer service for the previous five years.(2) A sex offender registry information check from the Massachusetts Sex Offenders Registry Board.(3) In accordance with M.G.L. c. 6, § 172G, operators shall obtain a CORI/Juvenile Report from the Department of Criminal Justice Information Services.(E) The operator shall maintain written documentation verifying the background and character of each staff person and volunteer for three years, or as required by M.G.L. c. 149, § 52C, if applicable.(F) No person shall be employed or allowed to volunteer at a recreational camp for children until such time as the operator is in receipt of, reviews and makes a determination with regard to all background information required pursuant to 105 CMR 430.090(C) and (D).Amended by Mass Register Issue 1361, eff. 3/23/2018.Amended by Mass Register Issue 1516, eff. 3/1/2024.