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

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606 CMR 14.00:Background Record Checks

What you need to know!

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Continuous Quality Improvement

“Paper” Process More Information E-Submission of Requests BRC Manager:

E-Response: “No findings / No Record”

E-Response: Adverse Findings

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Background Record Checks

All staff with potential unsupervised contact with children

Review of:• Criminal convictions or charges• DCF* background records

* Formerly DSS

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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?

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Types of Background Check Review

EEC Review (Licensees & Reviewers)

Employer Review (Employees, Volunteers and Interns)

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EEC Review

Licensees Reviewers

Hiring Authority Clerical / Administrative

Repeat every three years (or at license renewal)

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Why does EEC approve Reviewers?

EEC RegulationsCHSB Requirements

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Background Histories are Private!!!

Personal!

Confidential!

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$$$ JAIL $$$

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

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Designate a Reviewer

“Need to Know” basis

Protect your username and password

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Who Should be a Reviewer?

Considering program size and structure: The Licensee The Hiring Authority Human Resources? The Board Chair? Administrative / Clerical Staff?

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Types of Background Check Review

EEC Review (Licensees & Reviewers)

Employer Review (Employees, Volunteers and Interns)

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Employer Review

Current and Prospective:

EmployeesVolunteers Interns

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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

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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

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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

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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

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Discretionary Review

4. Review the 51B and additional information

5. Make a decision6. Document everything7. Notify EEC – update BRC Manager

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Adverse CORI Findings?

1. Verify the report2. Notify the candidate If presumptive CORI, obtain “No Risk” Letter

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Presumptive Disqualification

CORI Table A crimes = Presumptive Disqualification

“No risk” letter

Discretionary Review

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Adverse CORI Findings?

4. Review additional information 5. Make a decision6. Document everything7. Notify EEC – update BRC Manager

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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

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How will EEC monitor compliance?

Verify EEC approval of Reviewers

Review program’s BRC policies and procedures

Check personnel files

Review Discretionary Review files

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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

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Next Steps:

Establish a User Account in BRC Manager

Request “Reviewer” Privileges Submit future BRC requests

electronically

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Questions?

Available on the EEC website (eec.state.ma.us):• Regulations• Technical Assistance• E-training Powerpoint• Instructions for BRC Manager• Frequently Asked Questions• [email protected]

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Thank you for your kind attention.