Section 14.09 - Submission and Frequency of Background Record Checks(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.(3)Frequency of Background Record Checks: EEC and BRC Program Administrators will not process BRCs more frequently than required by state statute, unless an exception applies. At its sole discretion, EEC may run a partial or full BRC, in a manner consistent with EEC regulation and policy, prior to a Candidate's BRC renewal date where the Candidate who falls within the following exceptions. A partial BRC consists of certain checks, but does not include all generally required checks:(a) Candidates who have moved outside of Massachusetts since the last EEC BRC was completed and who have had a break in employment or affiliation of 30 days or longer;(b) When it has been revealed by: the candidate, through notification of subsequent activity, or through another reliable source, that new criminal charges have been brought, there has been a child welfare investigation, or the candidate has been required to be registered or classified as a sex offender in Massachusetts or any other state or territory;(c) Candidates who have a break of more than 180 days from being affiliated with an EEC Program;(d) EEC or the BRC Program Administrator has discovered that the candidate has false, misleading or incomplete information on file;(e) Candidates who may be involved in any investigation;(f) For purposes of resolving a candidate's pending criminal charge, sex offender status or child welfare information; or(g) Candidates who are changing their role or program type.1. Some illustrative examples of a change to a Candidate role include, but are not limited to, a Candidate who received a BRC for a family child care assistant position and now is a Candidate for a family child care educator position, or vice versa.2. Some illustrative examples of a change to program type include, but are not limited to, a Candidate who received a BRC for a role in a family child care setting and now applies for a role in a Group, School Age, or Residential or Placement program, or vice versa.3. EEC will provide further policy guidance regarding the frequency of BRCs. EEC may mandate that certain checks be completed on a regular and automated basis in accordance with timelines established 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.