1 606 cmr 14.00: background record checks what you need to know!

1

606 CMR 14.00:Background Record Checks

What you need to know!

2

Continuous Quality Improvement

“Paper” Process More Information E-Submission of Requests BRC Manager:

E-Response: “No findings / No Record”

E-Response: Adverse Findings

3

Background Record Checks

All staff with potential unsupervised contact with children

Review of:• Criminal convictions or charges• DCF* background records

* Formerly DSS

4

Regulation Requirements

Who must have a Background Record Check?

Who can review the BRC results? What is the review process? What documentation is required? How often must BRCs be repeated?

5

Types of Background Check Review

EEC Review (Licensees & Reviewers)

Employer Review (Employees, Volunteers and Interns)

6

EEC Review

Licensees Reviewers

Hiring Authority Clerical / Administrative

Repeat every three years (or at license renewal)

7

Why does EEC approve Reviewers?

EEC RegulationsCHSB Requirements

8

Background Histories are Private!!!

Personal!

Confidential!

9

$$$ JAIL $$$

Willful communication of CORI

Unlawful access to CORI

Unauthorized disclosure of DCF* history

= < $5000 fine and/or up to one year in jail

= < $5000 fine and/or up to one year in jail

= < $1000 fine and/or up to two and one half years in jail

*formerly DSS

10

Designate a Reviewer

“Need to Know” basis

Protect your username and password

limitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlim

11

Who Should be a Reviewer?

Considering program size and structure: The Licensee The Hiring Authority Human Resources? The Board Chair? Administrative / Clerical Staff?

limitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlim

12

Types of Background Check Review

EEC Review (Licensees & Reviewers)

Employer Review (Employees, Volunteers and Interns)

13

Employer Review

Current and Prospective:

EmployeesVolunteers Interns

14

Employer Review of Candidate

1. Verify Identification

2. Obtain signed consent form

3. Submit request via BRC Manager

4. “No Findings / No Record” results returned via BRC Manager

5. Adverse findings returned by mail

15

Employer Review of Candidate

1. Verify Identification

2. Obtain signed consent form

3. Submit signed original consent to EEC

4. All results returned to designated reviewer by U.S. Post

16

Background Record Check:Adverse Findings

Presumptive Disqualification CORI Table A convictions CORI Table A pending crimes

Discretionary Disqualification CORI Table B convictions CORI Table B pending crimes CORI Table A dismissals/ non-convictions DCF histories

17

Adverse DCF Findings?

1. Verify the report

2. Notify the candidate Copy of report Copy of program policies Process to correct errors

3. Request the 51B

18

Discretionary Review

4. Review the 51B and additional information

5. Make a decision6. Document everything7. Notify EEC – update BRC Manager

19

Adverse CORI Findings?

1. Verify the report2. Notify the candidate If presumptive CORI, obtain “No Risk” Letter

20

Presumptive Disqualification

CORI Table A crimes = Presumptive Disqualification

“No risk” letter

Discretionary Review

21

Adverse CORI Findings?

4. Review additional information 5. Make a decision6. Document everything7. Notify EEC – update BRC Manager

22

Background Record Storage

Personnel File Application BRC Compliance Form

Secure, locked file Statements of “no findings” Criminal history printouts DCF summaries 51Bs Supporting documentation Rationale for hire Documentation of all required steps

23

How will EEC monitor compliance?

Verify EEC approval of Reviewers

Review program’s BRC policies and procedures

Check personnel files

Review Discretionary Review files

24

How Do I Get Started?

New license applicants: Submit Licensee and Reviewer consents to EEC Regional Office

EEC will notify you, the License applicant, of results

Submit Consent for Background Record Check forms for prospective employees

25

Next Steps:

Establish a User Account in BRC Manager

Request “Reviewer” Privileges Submit future BRC requests

electronically

26

Questions?

Available on the EEC website (eec.state.ma.us):• Regulations• Technical Assistance• E-training Powerpoint• Instructions for BRC Manager• Frequently Asked Questions• CORIcomments@massmail.state.ma.us

27

Thank you for your kind attention.