606 Mass. Reg. 14.07

Current through Register 1522, May 24, 2024
Section 14.07 - Submitting Background Record Checks
(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.

606 CMR 14.07

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.