Code of Massachusetts Regulations
102 CMR - OFFICE OF CHILD CARE SERVICES
Title 102 CMR 1.00 - Enforcement Standards And Definitions For Licensure Or Approval
Section 1.05 - Disqualifying Background Information
Universal Citation: 102 MA Code of Regs 102.1
Current through Register 1531, September 27, 2024
(1) Applicants and Family Day Care. Any applicant, licensee, provider, family day care approved assistant, family day care household member, and any person regularly on the premises when family day care children are present shall have a background free of conduct which, in the judgment of the Office, bears adversely upon applicant's or licensee's ability to care for children.
(a) Such conduct shall
include, but not be limited to the following:
1. criminal charges or a criminal conviction
included in a CORI (Criminal Offender Record Information) report as a result of
behavior that, pursuant to written policy, OCCS has determined to impair the
applicant's or licensee's ability to care for children;
2. engaging in, or having engaged in, any
other conduct, criminal or otherwise, determined by the Office to impair the
applicant's or licensee's ability to care for children;
3. engaging in, or having engaged in conduct
which results in his/her child being adjudicated to be in need of care and
protection;
4. allegations of abuse
or neglect of a child, supported in a 51B report;
5. use of alcohol or drugs to an extent or in
a manner that is determined by the Office to impair the applicant's or
licensee's ability to care for children properly.
(b) An applicant shall not qualify to
receive, retain, or have renewed a license if the background of the applicant,
household member, or person who is regularly on the premises is not free from
conduct which adversely bears on the provider's ability to care for
children.
(c) Failure to disclose
relevant criminal history may result in mandatory disqualification even if such
crimes do not fall under the "Mandatory Disqualification" section of the OCCS
CORI Policy.
(d) A family day care
home shall not have any household member or persons who are regularly on the
premises whose presence would, in the judgment of the Office, be detrimental to
the health and welfare of day care children, or would impede or prevent the
provision of adequate day care in the home.
(2) Employees of Group Day Care, School Age, Residential Programs and Agencies Offering Child Placement and Adoption Services.
(a) Each
person employed by the licensee, who has the potential for unsupervised contact
with children, shall have a background free of conduct which bears adversely
upon his or her ability to provide for the safety and well-being of a child.
The licensee shall determine, in accordance with OCCS policy, whether an
employee's or potential employee's conduct, criminal or otherwise, shall
disqualify that person from employment in the program. In making this
determination the licensee shall consider the following:
1. Engaging in, or having engaged in conduct
which results in his/her child being adjudicated to be in need of care and
protection.
2. Use of alcohol or
drugs to an extent or in a manner that is determined by the licensee to impair
his/her ability to care for children properly.
3. Having engaged in conduct which results in
criminal charges or a criminal conviction included in a CORI (Criminal Offender
Record Information) report.
4.
Engaging in, or having engaged in, any other conduct, criminal or otherwise,
determined by the licensee, to impair the employee's ability to care for
children.
(b) Each
licensee shall ensure that employees shall not have the potential for
unsupervised contact with children until the licensee determines that the
requirements of 102 CMR 1.05(2)(a) are met.
(1)
Visits to Determine
Compliance.
(a) Any employee of
the Office, may, at any reasonable time, visit and inspect any facility or
program operated by a person who is subject to licensure or approval by the
Office in order to determine whether such facility or program is being operated
in compliance with the law and with any OCCS regulations governing such
programs.
(b) Any employee of the
Office authorized by the Commissioner may make oral and written inquiries to
determine whether a program or facility is being operated in compliance with
designated regulations.
(2)
Complaint
Investigations.
(a) An employee
of the Office, authorized by the Commissioner may visit and inspect any
facility or program upon receipt of a complaint and allegations regarding
compliance with any OCCS regulations governing such programs.
(b) Such visits will be conducted at any
reasonable time in order to determine whether any child is in jeopardy and/or
whether such facility or program is being operated in accordance with any OCCS
regulations governing such programs.
(c) A person duly authorized by the Director
may be accompanied by an employee of any department, agency or institution of
the Commonwealth during the Office's investigation process if the Office and
said department, agency or institution of the Commonwealth have agreed to
conduct a joint investigation.
(3)
Availability of
Information. The applicant or licensee shall make available any
information requested by the Office to determine compliance with any Office
regulations governing such programs, by providing access to his/her facilities,
records, staff and references. The provider, approved assistant, household
members, and other persons who are regularly on the premises, and any staff
members shall provide the Office with all information required in any Office
regulations governing such programs.
(4)
Visit Reports.
Whenever the Office finds upon inspection or through information in its
possession that a program or facility is not in compliance with any applicable
licensing provisions of 102 CMR, the Office shall inform the licensee in a
written visit report of the observations made and the regulation(s) which the
licensee has violated, and may request a plan for compliance from the licensee
to be submitted within a reasonable time as determined by the Office, but in no
case longer than 30 days.
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