Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 18.000 - Criminal Offender Recoed Checks
Section 18.11 - Provisions for Review of a Candidate in any Discretionary Category
Current through Register 1531, September 27, 2024
(1) Each candidate for whom the CORI investigation reveals a "lifetime presumptive disqualification", who has otherwise met the requirements for further consideration set forth in 110 CMR 18.10, or a "discretionary disqualification" shall, unless the hiring authority has decided to withdraw the conditional offer of a position, receive additional review by the hiring authority to determine if the candidate poses an unacceptable risk of harm to the persons served by the program within the position sought. In reviewing the candidate's appropriateness for employment given the concern for client safety, due weight shall be given to the following factors:
Information considered pursuant to 110 CMR 18.11(1)(g) may include documentation from the candidate's criminal justice official, if not already supplied pursuant to 110 CMR 18.10(1), or treating professional or other knowledgeable source, such as, the police, courts, or prosecuting attorneys.
(2) Following the review, the hiring authority shall determine whether:
Nothing herein shall be construed as preventing the hiring authority from deciding not to hire the candidate for any other reason.
(3) If a decision is made to hire the candidate, the hiring authority shall make a written determination of such decision, documenting the considerations outlined in 110 CMR 18.11(1)(a) through (g), and the rationale for the conclusion that the candidate does not pose a danger to the program's clients within the position sought.
(4) The hiring authority shall submit such written determination to the Department immediately upon a decision to hire the individual.
(5) The Department shall conduct an annual review of such written determinations for candidates with crimes listed in 110 CMR 18.16: Table C to ensure compliance with the requirements of 110 CMR 18.09, 18.10, and 18.11.
(6) Based on the annual review pursuant to 110 CMR 18.11(5) or other relevant information obtained by the Department that raises concerns about the hiring authority's compliance with these requirements, the Department may required the hiring authority to submit such written determinations prior to hiring the individual. The Commissioner shall have five business days following receipt of the determination to disapprove the hire. The Department may require the hiring authority to follow such prior review process for as long a period as it determines is necessary to ensure that the hiring authority is complying with the requirements of 110 CMR 18.09, 18.10, and 18.11.
(7) In the case of a foster/pre-adoptive parent, 110 CMR 18.11(1), (2) and (3) shall apply as if the foster/adoptive parent was a candidate for a position.
(8) In the case of a foster/pre-adoptive parent who is being considered or has been approved and/or licensed by the Department, the Department shall proceed in accordance with its policy in meeting the requirements of 110 CMR 18.11(4), (5) and (6).
In the case of a foster/pre-adoptive parent who is being considered or has been approved and/or licensed by the Department vendor agency program and will be used as a placement for a child in Department care or custody, the Department vendor agency must proceed in accordance with the Department's policy and procedures on back ground record checks in meeting the requirements of 110 CMR 18.11(4), (5) and (6).
(9) In reviewing a request for an individual to serve as a kinship foster/pre-adoptive parent pursuant to 110 CMR 18.10(1) the Commissioner, Deputy Commissioner for Field Operations and General Counsel must find:
(10) In reviewing a misdemeanor crime for any foster/pre-adoptive parent the Department shall consider at a minimum the following:
Nothing in 110 CMR 18.11(7), (8) or (9) shall be construed as preventing the Department or a vendor agency program from deciding not to approve or license a foster/pre-adoptive home for any other reason.