Current through Register 1531, September 27, 2024
(1) An EEC BRC is
not complete and a candidate does not become a permanent employee, volunteer,
intern, licensee, or person approved to provide services on behalf of a Program
until EEC issues the candidate a final suitability determination.
(2)
Provisional Status and
Conditional Hiring:
(a)
Provisional Status: After a candidate completes the
required sex offender checks, a fingerprint-based check and EEC completes its
preliminary screening process, EEC may authorize the Program to hire the
candidate in provisional status in accordance with EEC policy. EEC may
determine that the candidate's BRC history precludes them from being hired in
provisional status.
(b)
Conditional Hiring: Candidates may be authorized to
work as a conditional hire when permitted by EEC in accordance with EEC policy
and state and federal law.
(c) Upon
receipt of notification that a candidate is eligible for provisional status, a
Program may, within its discretion, utilize a candidate in a position under the
direct visual supervision of a Program employee who has a current "suitable"
finding with EEC until the candidate's remaining checks are complete and the
Program receives a "suitable" final suitability determination from
EEC.
(d) EEC may require a
candidate to be placed in provisional status pending the outcome of any EEC
BRC.
(e) Licensees, family child
care candidates, relative caregivers, in-home non-relative caregivers,
transportation personnel, temporary agency staff, and contracted/service
providers may not be placed in provisional status.
(3) After Submitting a BRC, EEC may take the
following actions with the candidate's BRC:
(a) Find the candidate "eligible for
provisional status" pending a final suitability determination, for purposes of
becoming a provisional hire or maintaining provisional status;
(b) Place the candidate in "pending" status
awaiting the outcome of outstanding BRC components;
(c) Issue a "suitable" final suitability
determination; or
(d) Issue a "not
suitable" final suitability due to a mandatory disqualification, for failing to
respond, providing false information, refusing to consent to the BRC process or
after the candidate completes EEC's review process.
(4)
Family Child Care
Candidates:
(a) Family child care
licensees may not obtain or renew a license until the licensee and any
household members and those regularly on the premises have a final suitability
determination of "suitable".
(b)
Family child care licensees and family child care assistants who have been
found "not suitable" are not eligible to obtain, renew or retain a
license.
(c) Household members and
persons regularly on the premises who have been found "not suitable" may
prevent the family child care licensee from obtaining, renewing or retaining
their license.
(5)
Group, Center-based, School Age, Residential or Placement
Candidates:
(a) Group, school
age, residential and placement licensees may not obtain, renew or retain a
license until the licensee or the BRC Program Administrators have been found
"suitable".
(b) If a group,
center-based, school age, residential or placement licensee, employee,
volunteer, or intern is found "suitable", the candidate is no longer in
provisional status and may work in the EEC Program on a regular
basis.
(c) If a group,
center-based, school age, residential or placement candidate is found "not
suitable", the candidate may not work in the Program and should be removed
immediately or within a timeframe determined by EEC.
(6)
Candidates Providing Services
on Behalf of EEC Licensed, Approved or Funded Programs:
(a) Candidates providing services in an
unsupervised capacity for or on behalf of a Program or for any child attending
the Program must obtain a final suitability determination from EEC.
(b) If the candidate in 606 CMR 14.13(6)(a)
is found "suitable", then the candidate is no longer in provisional status and
may continue providing services in the EEC licensed, approved or funded program
in a permanent status.
(c) If the
candidate in 606 CMR 14.13(6)(a) is found "not suitable", then the candidate
may not provide services in or on behalf of the EEC licensed, approved or
funded program and should be removed immediately or within a timeframe
determined by EEC.
(7)
If at any time following a finding of suitability, EEC concludes that the
candidate is "not suitable" or there is recently discovered disqualifying
information, EEC will notify the candidate and may notify the licensee or
Program of the candidate's change in BRC status.
(8)
Transfer of
Suitability: EEC may share or transfer final suitability
determinations for child care candidates between child care programs and
residential and placement programs in accordance with
606 CMR
14.08. EEC will not transfer a final
suitability determination for residential and placement candidates seeking to
work in child care programs, but EEC may transfer the candidate's final
suitability determination between different residential and placement
programs.
