Current through Register 1531, September 27, 2024
(1)
Mandatory
Disqualification: A Child Care Candidate shall have a mandatory
disqualifying background if they:
(a) Are
registered, or required to be registered, in any state or national sex offender
registry, repository or database;
(b) Have a felony conviction after a state or
national criminal check for crimes within the following categories:
1. First and second degree murder or its
equivalent;
2. Crimes involving
child abuse or neglect;
3. Crimes
against children, including child pornography;
4. Spousal abuse;
5. Crimes involving rape or sexual
assault;
6. Kidnapping;
7. Arson; and
8. Physical assault or battery;
(c) Have a conviction as an adult
after a state or national criminal check for a violent misdemeanor committed
against a child including, but not limited to, the following crimes: child
abuse, child endangerment, sexual assault, or a misdemeanor involving child
pornography;
(d) Refuse to consent
to an EEC BRC as required by law, unless subsequently resolved in accordance
with EEC policy; or
(e) Knowingly
make a materially false statement in connection with a BRC, unless subsequently
resolved in accordance with EEC policy.
(2) Mandatory disqualifications falling
within 606 CMR 14.10(1)(a) through (c) are for life as long as the
disqualification appears on a record, and those appearing in 606 CMR
14.10(1)(d) and (e) last for up to three years subject to EEC's
discretion.
(3) EEC shall maintain
a Table of Disqualifying Offenses listing specific crimes within the
Commonwealth of Massachusetts, and out-of-state equivalents that fall within
the disqualification categories.
(4) Any offense that is deemed a mandatory
disqualification for a Child Care Candidate, will be considered a presumptive
disqualification for Residential and Placement Candidates, unless otherwise
required by state or federal law.
(5)
Presumptive
Disqualification: A candidate shall have a presumptive
disqualifying background if their BRC discloses:
(a) Any pending charges, adjudications as a
juvenile delinquent, Youthful Offender, non-conviction or not delinquent
findings for an adult or juvenile, including sealed offenses and the
equivalent, mandatory disqualification as defined in 606 CMR
14.10(1);
(b) A supported DCF
finding or out of state equivalent determination for sexual abuse;
(c) A conviction for a felony drug offense
within the three years prior to the date of the EEC BRC; or
(d) Any presumptive disqualifications for
crimes defined by EEC in its Table of Disqualifying Offenses, including those
within DCJIS's definition of convictions, delinquent, sealed or the equivalent,
or pending adult or juvenile charges and any state or national equivalent
offense.
(e) For residential and
placement candidates, any offense that is deemed a mandatory disqualification
for Child Care Candidates will constitute a presumptive disqualification,
unless otherwise required by state or federal law, in addition to all offenses
falling within 606 CMR 14.10(5)(a) through (d).
(6)
Discretionary
Disqualification: A candidate shall have a discretionary
disqualifying background if their BRC discloses:
(a) Any non-convictions or not delinquent
findings for an adult or juvenile presumptive disqualification, including
sealed offenses and the equivalent, appearing on EEC's Table of Disqualifying
Offenses - Presumptive Disqualifications;
(b) Any other criminal charges appearing on
EEC's Table of Disqualifying Offenses S Discretionary Disqualifications,
including convictions, non-convictions, delinquent, not delinquent, sealed or
the equivalent, or pending adult or juvenile charges and any state or national
equivalent offense; or
(c) They
have been found to be the person responsible for the abuse or neglect of a
child or out-of-state equivalent determination as appearing on any check of any
state or national child welfare or child abuse and neglect registry or
database.
(7) Any
criminal or child welfare offenses that are not specifically listed will be
categorized and may warrant review as determined by EEC's General
Counsel.
