(1)
Lifetime Presumptive
Disqualification. A candidate shall be ineligible for a position
in the Department or a Department funded or operated program which entails
potential unsupervised contact with persons receiving services if he or she has
been convicted of, has any pending charges, involving crimes listed in
110 CMR 18.16:
Table A unless:
(a) the candidate's criminal
justice official
1. concludes in writing that
the candidate, within the position sought in the Department or in a Department
vendor agency program, does not pose an unacceptable risk of harm to the
persons served by the program, or
2. has been determined by the hiring
authority to be unavailable or has indicated to the hiring authority that
he/she has insufficient information to render an assessment, then the hiring
authority shall, at the candidate's request, seek an assessment (the cost of
which shall be borne by the hiring authority) of the candidate's risk of harm
from a qualified mental health professional and the qualified mental health
professional concludes in writing that the candidate, within the position
sought in Department or a Department funded or operated program, does not pose
an unacceptable risk of harm to the persons served by the program;
and
(b) the hiring
authority has complied with the provision of
110
CMR 18.11.
(c) In the case of an individual seeking to
serve as a foster/pre-adoptive kinship placement for a child in the care or
custody of Department, the Department shall not be precluded from placing the
child(ren) in a kinship foster/pre-adoptive home where the Commissioner, Deputy
Commissioner for Field Operations and General Counsel have conducted a review
Ell pursuant to
110
CMR 18.11(9) and determined
the placement is in the best interest of the child.
(2)
Discretionary
Disqualification. A candidate shall be ineligible for any position
in Department or a Department funded or operated program which entails
potential unsupervised contact with persons receiving services if he/she has
been convicted of, has any pending charges, involving any of the crimes listed
in
110 CMR 18.16:
Table B or Table C, unless the hiring authority has complied with the
provisions of
110
CMR 18.11.
(3)
Provisions Pertaining to
Foster/Pre-adoptive Parents.
(a)
In the case of a foster/pre-adoptive parent, 110 CMR 18.10(1)(2) shall apply as
if the foster/adoptive parent was a candidate for a position.
(b) When determining eligibility, approval or
licensing of a foster/pre-adoptive parent the Department shall conduct a review
of any misdemeanor offense in accordance with
110
CMR 18.11(10) in order to
assist the Department in accurately evaluating whether the mere existence of
the offense has a substantial effect on the foster/pre-adoptive parent's
current or future ability to assume and carry out the responsibilities of a
foster/pre-adoptive parent in such a manner that the rights of the child to
sound health and normal physical, mental, spiritual and moral development are
insured.
