(1)
Submission by Programs Other
than Family Child Care: For prospective and current employees,
interns and unsupervised volunteers in Programs, BRC requests shall be
submitted by the BRC Program Administrator. Such BRC requests may be submitted
when there is a preliminary offer to the candidate and submission of the BRC is
the final step in the hiring process.
(2)
Submission of Family Child
Care Candidates:
(a) For family
child care licensees, a BRC must be complete with a final suitability
determination issued on all household members and persons regularly on the
premises 15 years of age or older in accordance with the timeframes outlined by
606 CMR 7.00:
Standards for the Licensure or Approval of Family Child Care; Small
Group and School Age and Large Group and School Age Child Care
Programs, and EEC policy before EEC will issue a license.
(b) Family child care licensees must disclose
to EEC any changes to the composition to the family child care home, including
the addition or removal of household members, or those regularly on the
premises consistent with
606 CMR 7.00:
Standards for the Licensure or Approval of Family Child Care; Small
Group and School Age and Large Group and School Age Child Care
Programs, to ensure that a background record check is timely
completed.
(c) For family child
care assistants, a BRC must be complete with a final suitability determination
issued in accordance with the timeframes outlined by
606 CMR 7.00:
Standards for the Licensure or Approval of Family Child Care; Small
Group and School Age and Large Group and School Age Child Care
Programs, and EEC policy before EEC will issue a certificate or
approval.
(3)
Frequency of Background Record Checks: EEC and BRC
Program Administrators will not process BRCs more frequently than required by
state statute, unless an exception applies. At its sole discretion, EEC may run
a partial or full BRC, in a manner consistent with EEC regulation and policy,
prior to a Candidate's BRC renewal date where the Candidate who falls within
the following exceptions. A partial BRC consists of certain checks, but does
not include all generally required checks:
(a)
Candidates who have moved outside of Massachusetts since the last EEC BRC was
completed and who have had a break in employment or affiliation of 30 days or
longer;
(b) When it has been
revealed by: the candidate, through notification of subsequent activity, or
through another reliable source, that new criminal charges have been brought,
there has been a child welfare investigation, or the candidate has been
required to be registered or classified as a sex offender in Massachusetts or
any other state or territory;
(c)
Candidates who have a break of more than 180 days from being affiliated with an
EEC Program;
(d) EEC or the BRC
Program Administrator has discovered that the candidate has false, misleading
or incomplete information on file;
(e) Candidates who may be involved in any
investigation;
(f) For purposes of
resolving a candidate's pending criminal charge, sex offender status or child
welfare information; or
(g)
Candidates who are changing their role or program type.
1. Some illustrative examples of a change to
a Candidate role include, but are not limited to, a Candidate who received a
BRC for a family child care assistant position and now is a Candidate for a
family child care educator position, or vice versa.
2. Some illustrative examples of a change to
program type include, but are not limited to, a Candidate who received a BRC
for a role in a family child care setting and now applies for a role in a
Group, School Age, or Residential or Placement program, or vice
versa.
3. EEC will provide
further policy guidance regarding the frequency of BRCs. EEC may mandate that
certain checks be completed on a regular and automated basis in accordance with
timelines established by EEC policy.
