Current through Register 1518, March 29, 2024
(1)
Lifetime Presumptive Disqualification. A candidate shall be ineligible for a position in a CHS 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 122 CMR 1.18: Table A, has any pending charges involving crimes listed in 122 CMR 1.18: 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 CHS 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 CHS 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 122 CMR 1.12.
(2)
Ten Year Presumptive Disqualification. A candidate shall be ineligible for a position in a CHS 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 122 CMR 1.18: Table B or if he or she has any pending charges involving crimes listed in 122 CMR 1.18: 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 CHS or the vendor agency program, does not pose an unacceptable risk of harm to the persons served by the program; or
3. 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 CHS 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 122 CMR 1.12.
(3)
Five Year Presumptive Disqualification. A candidate shall be ineligible for a position in a CHS 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 122 CMR 1.18: Table C or if he or she has any pending charges involving crimes listed in 122 CMR 1.18: 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 a CHS or the vendor agency program does not pose an unacceptable risk of harm to the persons served by the program; or
3. 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 CHS 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 122 CMR 1.12.
(4)
Discretionary Disqualification. A candidate shall be ineligible for a position in a CHS 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 122 CMR 1.18: Table D, or if he or she has any pending charges involving crimes listed in 122 CMR 1.18:Table D, unless the hiring authority has complied with the provisions of 122 CMR 1.12.
