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1 606 CMR 14.00: Background Record Checks What you need to know!

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Presentation on theme: "1 606 CMR 14.00: Background Record Checks What you need to know!"— Presentation transcript:

1 1 606 CMR 14.00: Background Record Checks What you need to know!

2 2 Continuous Quality Improvement Paper Process More Information E-Submission of Requests BRC Manager: E-Response: No findings / No Record E-Response: Adverse Findings

3 3 Background Record Checks All staff with potential unsupervised contact with children Review of: Criminal convictions or charges DCF* background records * Formerly DSS

4 4 Regulation Requirements Who must have a Background Record Check? Who can review the BRC results? What is the review process? What documentation is required? How often must BRCs be repeated?

5 5 Types of Background Check Review EEC Review (Licensees & Reviewers) Employer Review (Employees, Volunteers and Interns)

6 6 EEC Review Licensees Reviewers Hiring Authority Clerical / Administrative Repeat every three years (or at license renewal)

7 7 Why does EEC approve Reviewers? EEC Regulations CHSB Requirements

8 8 Background Histories are Private!!! Personal! Confidential!

9 9 $$$ JAIL $$$ Willful communication of CORI Unlawful access to CORI Unauthorized disclosure of DCF* history = < $5000 fine and/or up to one year in jail = < $5000 fine and/or up to one year in jail = < $1000 fine and/or up to two and one half years in jail * formerly DSS

10 10 Designate a Reviewer Need to Know basis Protect your username and password limitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlim

11 11 Who Should be a Reviewer? Considering program size and structure: The Licensee The Hiring Authority Human Resources? The Board Chair? Administrative / Clerical Staff? limitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlim

12 12 Types of Background Check Review EEC Review (Licensees & Reviewers) Employer Review (Employees, Volunteers and Interns)

13 13 Employer Review Current and Prospective: Employees Volunteers Interns

14 14 Employer Review of Candidate 1. Verify Identification 2. Obtain signed consent form 3. Submit request via BRC Manager 4. No Findings / No Record results returned via BRC Manager 5. Adverse findings returned by mail

15 15 Employer Review of Candidate 1. Verify Identification 2. Obtain signed consent form 3. Submit signed original consent to EEC 4. All results returned to designated reviewer by U.S. Post

16 16 Background Record Check: Adverse Findings Presumptive Disqualification CORI Table A convictions CORI Table A pending crimes Discretionary Disqualification CORI Table B convictions CORI Table B pending crimes CORI Table A dismissals/ non-convictions DCF histories

17 17 Adverse DCF Findings? 1. Verify the report 2. Notify the candidate Copy of report Copy of program policies Process to correct errors 3. Request the 51B

18 18 Discretionary Review 4. Review the 51B and additional information 5. Make a decision 6. Document everything 7. Notify EEC – update BRC Manager

19 19 Adverse CORI Findings? 1. Verify the report 2. Notify the candidate If presumptive CORI, obtain No Risk Letter

20 20 Presumptive Disqualification CORI Table A crimes = Presumptive Disqualification No risk letter Discretionary Review

21 21 Adverse CORI Findings? 4. Review additional information 5. Make a decision 6. Document everything 7. Notify EEC – update BRC Manager

22 22 Background Record Storage Personnel File Application BRC Compliance Form Secure, locked file Statements of no findings Criminal history printouts DCF summaries 51Bs Supporting documentation Rationale for hire Documentation of all required steps

23 23 How will EEC monitor compliance? Verify EEC approval of Reviewers Review programs BRC policies and procedures Check personnel files Review Discretionary Review files

24 24 How Do I Get Started? New license applicants: Submit Licensee and Reviewer consents to EEC Regional Office EEC will notify you, the License applicant, of results Submit Consent for Background Record Check forms for prospective employees

25 25 Next Steps: Establish a User Account in BRC Manager Request Reviewer Privileges Submit future BRC requests electronically

26 26 Questions? Available on the EEC website (eec.state.ma.us): Regulations Technical Assistance E-training Powerpoint Instructions for BRC Manager Frequently Asked Questions

27 27 Thank you for your kind attention.


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