(A) The operator
shall develop and follow written procedures for the review of the background of
each staff person and volunteer.
(B) Each staff person and volunteer shall
have a background free of conduct that bears adversely upon his or her ability
to provide for the safety and well-being of the campers. The operator shall
determine whether each staff person's and volunteer's conduct, criminal or
otherwise, shall disqualify that person from employment or service at the camp.
In making this determination, the operator shall consider at a minimum
information required under 105 CMR 430.090(C) and (D).
(C) At a minimum the operator shall require
for each camping season the following with regard to each staff person:
(1) Prior work history, including name,
address and phone number of a contact person at each place of employment for
the previous five years, and
(2)
Three positive reference checks from individuals not related to the staff
person including, but not limited to, previous employers or school
administrators. Returning staff persons may use prior references on record with
the camp provided if there is a gap in employment with the camp for one or more
camp seasons, new references shall be required.
(3) Inquiry by the operator into each staff
person's prior criminal history. Such inquiry shall include, at a minimum, a
criminal history inquiry as indicated:
(a) The
operator shall obtain a sex offender registry information check from the
Massachusetts Sex Offenders Registry Board for all prospective staff.
International staff entering the country pursuant to a visa and who have not
previously been in the United States are exempt.
(b) In accordance with M.G.L. c. 6, §
172G, operators shall obtain a CORI/Juvenile Report from the Department of
Criminal Justice Information Services for all prospective staff.
(c) For prospective staff whose permanent
residence is not Massachusetts (out of state and international), the operator,
where practicable, shall also obtain from the applicant's state criminal
information system, local chief of police, or other local authority with access
to relevant information, a criminal record check or its nationally recognized
equivalent (e.g., biometric data).
(d) If there is no interruption in the staff
person's employment by the camp or organization operating the camp from the
time of the initial background check, a new criminal or sex offender history is
required at a minimum every three years. This applies only to permanent
employees of the same camp or organization operating the camp. Any break in
employment service requires a new criminal history and sex offender inquiry for
the staff person.
(D) At a minimum, the operator shall require
for each camping season the following with regard to each volunteer:
(1) Prior work or volunteer history,
including name, address and phone number of a contact person at each place of
employment or volunteer service for the previous five years.
(2) A sex offender registry information check
from the Massachusetts Sex Offenders Registry Board.
(3) In accordance with M.G.L. c. 6, §
172G, operators shall obtain a CORI/Juvenile Report from the Department of
Criminal Justice Information Services.
(E) The operator shall maintain written
documentation verifying the background and character of each staff person and
volunteer for three years, or as required by M.G.L. c. 149, § 52C, if
applicable.
(F) No person shall be
employed or allowed to volunteer at a recreational camp for children until such
time as the operator is in receipt of, reviews and makes a determination with
regard to all background information required pursuant to 105 CMR 430.090(C)
and (D).
