Section 14.10 - Disqualifications(1)Mandatory Disqualification: A Child Care Candidate shall have a mandatory disqualifying background if they:(a) Are registered, or required to be registered, in any state or national sex offender registry, repository or database;(b) Have a felony conviction after a state or national criminal check for crimes within the following categories: 1. First and second degree murder or its equivalent;2. Crimes involving child abuse or neglect;3. Crimes against children, including child pornography;5. Crimes involving rape or sexual assault;8. Physical assault or battery;(c) Have a conviction as an adult after a state or national criminal check for a violent misdemeanor committed against a child including, but not limited to, the following crimes: child abuse, child endangerment, sexual assault, or a misdemeanor involving child pornography;(d) Refuse to consent to an EEC BRC as required by law, unless subsequently resolved in accordance with EEC policy; or(e) Knowingly make a materially false statement in connection with a BRC, unless subsequently resolved in accordance with EEC policy.(2) Mandatory disqualifications falling within 606 CMR 14.10(1)(a) through (c) are for life as long as the disqualification appears on a record, and those appearing in 606 CMR 14.10(1)(d) and (e) last for up to three years subject to EEC's discretion.(3) EEC shall maintain a Table of Disqualifying Offenses listing specific crimes within the Commonwealth of Massachusetts, and out-of-state equivalents that fall within the disqualification categories.(4) Any offense that is deemed a mandatory disqualification for a Child Care Candidate, will be considered a presumptive disqualification for Residential and Placement Candidates, unless otherwise required by state or federal law.(5)Presumptive Disqualification: A candidate shall have a presumptive disqualifying background if their BRC discloses: (a) Any pending charges, adjudications as a juvenile delinquent, Youthful Offender, non-conviction or not delinquent findings for an adult or juvenile, including sealed offenses and the equivalent, mandatory disqualification as defined in 606 CMR 14.10(1);(b) A supported DCF finding or out of state equivalent determination for sexual abuse;(c) A conviction for a felony drug offense within the three years prior to the date of the EEC BRC; or(d) Any presumptive disqualifications for crimes defined by EEC in its Table of Disqualifying Offenses, including those within DCJIS's definition of convictions, delinquent, sealed or the equivalent, or pending adult or juvenile charges and any state or national equivalent offense.(e) For residential and placement candidates, any offense that is deemed a mandatory disqualification for Child Care Candidates will constitute a presumptive disqualification, unless otherwise required by state or federal law, in addition to all offenses falling within 606 CMR 14.10(5)(a) through (d).(6)Discretionary Disqualification: A candidate shall have a discretionary disqualifying background if their BRC discloses: (a) Any non-convictions or not delinquent findings for an adult or juvenile presumptive disqualification, including sealed offenses and the equivalent, appearing on EEC's Table of Disqualifying Offenses - Presumptive Disqualifications;(b) Any other criminal charges appearing on EEC's Table of Disqualifying Offenses S Discretionary Disqualifications, including convictions, non-convictions, delinquent, not delinquent, sealed or the equivalent, or pending adult or juvenile charges and any state or national equivalent offense; or(c) They have been found to be the person responsible for the abuse or neglect of a child or out-of-state equivalent determination as appearing on any check of any state or national child welfare or child abuse and neglect registry or database.(7) Any criminal or child welfare offenses that are not specifically listed will be categorized and may warrant review as determined by EEC's General Counsel.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.