Current through Register 1531, September 27, 2024
(1)
Lifetime Presumptive Disqualification. A candidate
shall be ineligible for a position in a MCDHH funded or operated program which
entails potential unsupervised contact with persons receiving services if he or
she has been convicted of any of the crimes listed in
112 CMR 6.18:
Table A, has any pending charges involving crimes listed in
112 CMR 6.18:
Table A, or has any outstanding warrants unless:
(a)
1. the
candidate's criminal justice official concludes in writing that the candidate,
within the position sought in a MCDHH or the vendor agency program, does not
pose an unacceptable risk of harm to the persons served by the program,
or
2. if the candidate's criminal
justice official has been determined by the hiring authority to be unavailable
or has indicated to the hiring authority that she has insufficient information
to render an assessment, then the hiring authority may 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 an MCDHH 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 provisions of
112
CMR 6.12.
(2)
Ten Year Presumptive
Disqualification. A candidate shall be ineligible for a position
in an MCDHH funded or operated program which entails potential unsupervised
contact with persons receiving services if he or she has been convicted of any
of the crimes listed in
112 CMR 6.18:
Table B or if he or she has any pending charges involving
crimes listed in
112 CMR 6.18:
Table B, unless:
(a)
1. ten years or more have passed since the
final disposition of the offense, or
2. the candidate's criminal justice official
concludes in writing that the candidate, within the position sought in a MCDHH
or the vendor agency program, does not pose an unacceptable risk of harm to the
persons served by the program, or
3. if the candidate's criminal justice
official has been determined by the hiring authority to be unavailable or has
indicated to the hiring authority that she has insufficient information to
render an assessment, then the hiring authority may 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 an MCDHH 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 provisions of
112
CMR 6.12.
(3)
Five Year Presumptive
Disqualification. A candidate shall be ineligible for a position
in an MCDHH funded or operated program which entails potential unsupervised
contact with persons receiving services if he or she has been convicted of any
of the crimes listed in
112 CMR 6.18:
Table C or if he or she has any pending charges involving
crimes listed in
112 CMR 6.18:
Table C, unless:
(a)
1. five years or more have passed since the
final disposition of the offense, or
2. the candidate's criminal justice official
concludes in writing that the candidate within the position sought in an MCDHH
or the vendor agency program does not pose an unacceptable risk of harm to the
persons served by the program, or
3. if the candidate's criminal justice
official has been determined by the hiring authority to be unavailable or has
indicated to the hiring authority that he or she has insufficient information
to render an assessment, then the hiring authority may 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 an MCDHH 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 provisions of
112
CMR 6.12.
(4)
Discretionary
Disqualification. A candidate shall be ineligible for a position
in an MCDHH funded or operated program which entails potential unsupervised
contact with persons receiving services if he or she has been convicted of or
has pending any of the crimes listed in
112 CMR 6.18:
Table D, or if he or she has any pending charges involving
crimes listed in
112 CMR 6.18:
Table D, unless the hiring authority has complied with the
provisions of
112
CMR 6.12.