Section 14.05 - Candidate Categories and Applicable Background Record Checks(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.(2) Family Child Care Background Record Check (BRC) candidates include the following: (a) Current family child care licensees and applicants for licensure;(b) Household members, as defined by EEC licensing regulations at 606 CMR 7.02: Definitions, 15 years of age or older, regardless of whether such individuals are present while child care children are present; and persons regularly on the premises (including volunteers and other regular visitors) 15 years of age or older in family child care programs; and(c) All current and prospective family child care assistants and volunteers, regardless of whether such individuals are present in an unsupervised capacity with children in the Program. The above candidates will be required to complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.
(3) Group, Center-based and School Age Child Care BRC candidates include the following: (a) Current and prospective licensees and applicants for licensure;(b) Current and prospective employees or interns in such Programs, regardless of whether such individuals have unsupervised access to children (e.g. directors, teachers, caregivers, bus drivers, janitors, kitchen staff and administrative staff);(c) Current and prospective volunteers with unsupervised access to children; and(d) Non-employees who are present with children in an unsupervised capacity, unless excluded by EEC policy. The above Group and School Age Child Care candidates will be required to complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.
(4) Residential Program and Placement Agency BRC candidates include the following: (a) Current and prospective residential program and placement agency licensees and applicants for licensure;(b) Current and prospective employees or interns in such Programs, regardless of whether such individuals have unsupervised access to children (e.g. directors, teachers, caregivers, bus drivers, janitors, kitchen staff and administrative staff);(c) Current and prospective volunteers with unsupervised access to children; and(d) Non-employees who are present in an unsupervised capacity, unless excluded by EEC policy. The above Residential Program and Placement Agency candidates will be required to complete a CORI, DCF, SORI, and fingerprint-based checks. Out of state checks and mandatory disqualifications do not apply, unless required by state or federal law.
(5) Adoptive and Foster Care Parent BRC candidates include the following:(a) Current and prospective applicants to be adoptive or foster parents; and(b) Adoptive or foster parent's household members 15 years of age or older. The above Adoptive and Foster Care Parent candidates will be required to complete a CORI, SORI, and fingerprint-based checks, which may be completed through the placement agencies when a process is available and it is authorized by statute. DCF checks must either be completed directly through DCF or EEC if not available through DCF. Out of state checks and mandatory disqualifications do not apply, unless required by state or federal law.
(6) CCDF-funded Child Care Program BRC candidates include the following: (a)In-home Non-relative Caregivers: In-home, non-relative caregivers will be required to complete a CORI, DCF, SORI, NSOR, fingerprint based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.(b)Relative Caregivers: Relative caregivers will only be required to complete a SORI and NSOR check.(c)Programs and Agencies Exempt from or Not Subject to EEC Licensure, but Receiving CCDF Funding: Such programs and agencies include those that do not fall within the licensing purview of EEC, but affiliate with a Program receiving CCDF funding from or licensed by EEC. Candidates in this category must complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.(d)Candidates Affiliated with EEC Licensed, Approved or Funded Programs: Candidates include current and prospective individuals who have unsupervised access to children in or on behalf of a licensed, approved or funded Program, but are not directly employed by the Program (e.g. transportation providers, temporary workers, clinicians, therapists, home visitors for family child care systems, and specialty service providers); and BRC Program Administrators for such entities. Such candidates will be required to complete a CORI, DCF, SORI, NSOR, fingerprint-based check and all out of state checks mandated by CCDBG according to the timelines defined by EEC policy.Amended by Mass Register Issue 1374, eff. 10/1/2018.Amended by Mass Register Issue 1398, eff. 5/16/2019.Amended by Mass Register Issue 1433, eff. 12/25/2020.