Section 14.11 - Results from Background Record Checks(1) If the BRC results reveal that there are no disqualifications during the sex offender and fingerprint-based checks, the BRC Program Administrators may be notified of the possibility of hiring the candidate provisionally, unless the candidate is a group, school age, residential, or placement licensee, family child care candidate, in-home non-relative caregiver, relative caregiver or affiliated candidate.(2) If the candidate has no disqualifications after the completion of the entire EEC BRC process, EEC will notify the Program and issue the candidate a final suitability determination of "suitable".(3) If a candidate with any disqualification fails to complete EEC's BRC Process within 45 days, EEC may issue a final suitability determination of "not suitable".(4) If the EEC BRC reveals any disqualification, EEC will inform the candidate either before an adverse employment decision is made or as part of the licensing appeals process:(a) That the candidate has a disqualifying background;(b) Of the candidate's BRC results and will provide the candidate with a copy of their criminal record;(c) Of the candidate's right to dispute the accuracy of the BRC findings; and(d) Of the process to dispute the accuracy of the BRC finding. EEC will also provide a copy of the CORI Policy.(5) A pending mandatory disqualification will be subject to the following additional steps: (a) EEC will not issue a final suitability determination of suitable until the pending charges are resolved and EEC completes its review process;(b) EEC will require the candidate to provide updates as requested;(c) The candidate must notify EEC when the charges are resolved; and(d) EEC may elect to allow a candidate to remain in a provisional status with a pending mandatory disqualification after completion of EEC's review process.(6) A verified mandatory disqualification will result in the issuance of a final suitability determination of "not suitable".(7) If the BRC investigation reveals a discretionary or presumptive disqualification on the candidate's record, then the candidate shall be informed by EEC about the following process in addition to what is described in 606 CMR 14.10(1) through (3): (a) Of the information required to obtain a review; and(b) Of the opportunity to submit additional information relevant to the review.(8) If the BRC investigation reveals that the candidate has an outstanding warrant for any criminal offense or a pending DCF 51B investigation or out of state equivalent, the candidate shall be informed that he or she is ineligible for any position in an EEC Program unless: (a) the candidate contacts the court or agency that entered the warrant and it is removed or the 51B investigation or out of state equivalent is completed and results in a not supported or equivalent finding;(b) EEC approves the existing candidate to continue to care in writing pending the outcome of the review; or(c) EEC approves the candidate with a resulting support or criminal charge after completion of the review process.(9) If EEC learns that a DCF 51B report or an out of state equivalent has been supported against: (a) A family child care licensee, a regular or certified assistant, a relative caregiver, or an in-home non-relative caregiver, that individual shall immediately stop providing care pending the outcome of EEC's review process. If the support or equivalent determination is against a household member or a person regularly on the premises of a family child care home, then the family child care licensee must stop caring for children, unless there is a written agreement with EEC for the program to continue operating pending the outcome of EEC's BRC review process in a manner that protects the health, safety, and welfare of children.
(b) All other Program candidates shall not be permitted to continue caring or providing services in any EEC Program until the candidate has completed EEC's review process or EEC has authorized in writing that the staff may continue caring in provisional status.(10) If EEC determines through an address match with SORB that an individual who is registered or required to be registered as a sex offender lives or works on or nearby the premises of a Program, EEC will immediately investigate and take appropriate action related to the Program in accordance with EEC policy and procedures. (11) If EEC disapproves a candidate because the candidate provided materially false information, failed to complete the BRC process, or after review of the candidate's BRC findings, EEC will inform the candidate and the affiliated Program that the candidate is "not suitable". If the candidate is presently employed, the BRC Program Administrator shall terminate the employment of the candidate in accordance with timelines established by EEC policy. If the candidate is a licensee, EEC will not issue or renew and may revoke the candidate's license.(12) If any family child care candidate, an in-home non-relative caregiver, or a relative caregiver is deemed "not suitable", the candidate will be required to stop caring or be removed from the premises in a time frame and manner set forth by EEC policy.(13) If at any time, through the BRC process or an EEC investigation, EEC determines the candidate's background record check results may pose a risk of harm to children in the program, EEC may require immediate removal of the candidate or require that the candidate cease caring pending a final suitability determination or sooner within the discretion of EEC.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.