Section 14.12 - Review Process for Candidates with Criminal or Child Welfare Findings(1)Mandatory Disqualification: A candidate with a mandatory disqualification may not have their disqualification reviewed, unless they successfully dispute the accuracy or completeness of the record by demonstrating that it falls within another disqualification category.(2)BRC Review Process for Presumptive and Discretionary Disqualifications: The nature of the information sought by EEC shall depend on the level of seriousness of the conduct being reviewed. Failure of the candidate to submit requested information in the time frames set forth by EEC may result in the candidate being found "not suitable". The following steps constitute the review process applicable to presumptive and discretionary disqualifications:
(a) EEC shall inform the candidate of their BRC findings and offer the candidate the opportunity to submit other relevant information.(b)Review of Presumptive Disqualifications: If EEC notifies a candidate that the BRC reflects a presumptive disqualification, then the candidate may be required to submit the following documentation within a time frame set forth by EEC Policy:1. A written assessment by a qualified mental health professional who is not the candidate's treating mental health professional or direct employer. The mental health professional's assessment must:a. Describe the nature of the assessment performed;b. Originate from the mental health professional's opinion after completing an evaluation; andc. Conclude in writing whether the candidate poses an unacceptable risk of harm to the persons served by the program where the candidate is applying.2. Alternatively, the candidate may submit a letter from the candidate's criminal justice official, including a probation or parole officer that the candidate does not pose a risk of harm to the persons served by the program where the candidate is applying.3. Failure to supply the requested written assessment or letter in the time frame set forth by EEC may result in the candidate being issued a "not suitable" final suitability determination.(c) If a candidate is notified by EEC that the BRC reflects a discretionary or presumptive disqualification, then the candidate may be required to submit the following documentation within a time frame set forth by EEC Policy: 4. Child Welfare Documentation;6. Probation or Parole Documentation;8. Evidence of Rehabilitation; and9. Recommendation from Current or Prospective Employer within the candidate's discretion (optional).(d) EEC may obtain additional information from the police, courts, prosecuting attorney, or any other knowledgeable source for purposes of completing the review process.(e)Standard of Review: EEC shall require from the candidate clear and convincing evidence demonstrating the candidate's suitability for licensure, employment or affiliation in light of the concern for children's safety.(f)Review Factors: In assessing the candidate's suitability given the concern for children's safety, due weight shall be given to the following factors when evaluating the candidate's criminal offense(s) or abuse/neglect finding(s): 1. Time since the incident(s);2. Age of the candidate at the time of the incident(s);3. Seriousness and specific circumstances surrounding the incident(s);4. Relationship of the incident(s) to the ability of the candidate to care for children;5. Number of criminal offenses or findings of abuse/neglect;6. Dispositions of criminal offenses and findings of abuse/neglect;7. Relevant evidence of rehabilitation or lack thereof; and8. Other relevant information, including information submitted by the candidate.(g) EEC shall document the reasons for its final suitability determination.Amended by Mass Register Issue 1374, eff. 10/1/2018.Amended by Mass Register Issue 1398, eff. 5/16/2019.