Transcript 606 CMR 14.00: Background Record Checks What you need to know! Continuous Quality Improvement     “Paper” Process More Information E-Submission of Requests BRC Manager:  E-Response: “No findings.

606 CMR 14.00:
Background Record Checks
What you need to know!
1
Continuous Quality Improvement




2
“Paper” Process
More Information
E-Submission of Requests
BRC Manager:
 E-Response: “No findings / No
Record”
 E-Response: Adverse Findings
Background Record Checks


All staff with potential unsupervised
contact with children
Review of:
• Criminal convictions or charges
• DCF* background records
* Formerly DSS
3
Regulation Requirements





4
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?
Types of Background Check Review
5

EEC Review

Employer Review
(Licensees & Reviewers)
(Employees,
Volunteers and Interns)
EEC Review
Licensees
 Reviewers




6
Hiring Authority
Clerical / Administrative
Repeat every three years (or at
license renewal)
Why does EEC approve Reviewers?
EEC Regulations
 CHSB Requirements

7
Background Histories are Private!!!
Personal!
Confidential!
8
$$$
$$$
Willful communication of
CORI
= < $5000 fine and/or
up to one year in jail
Unlawful access to CORI
= < $5000 fine and/or
up to one year in jail

9
JAIL
Unauthorized disclosure
of DCF* history
*formerly DSS
= < $1000 fine and/or
up to two and one
half years in jail
Designate a Reviewer
 “Need
to Know” basis
 Protect
your username
and password
limitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlim
10
Who Should be a Reviewer?
Considering program size and structure:
 The Licensee
 The Hiring Authority
 Human Resources?
 The Board Chair?
 Administrative / Clerical Staff?
limitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlimitlim
11
Types of Background Check Review
12

EEC Review

Employer Review
(Licensees & Reviewers)
(Employees,
Volunteers and Interns)
Employer Review

Current and Prospective:
Employees
 Volunteers
 Interns

13
Employer Review of Candidate
14
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
Employer Review of Candidate
15
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
Background Record Check:
Adverse Findings

Presumptive Disqualification



Discretionary Disqualification




16
CORI Table A convictions
CORI Table A pending crimes
CORI Table B convictions
CORI Table B pending crimes
CORI Table A dismissals/ non-convictions
DCF histories
Adverse DCF Findings?
17
1.
Verify the report
2.
Notify the candidate
 Copy of report
 Copy of program policies
 Process to correct errors
3.
Request the 51B
Discretionary Review
Review the 51B and additional
information
5. Make a decision
6. Document everything
7. Notify EEC – update BRC Manager
4.
18
Adverse CORI Findings?
1.
2.

19
Verify the report
Notify the candidate
If presumptive CORI, obtain “No Risk” Letter
Presumptive Disqualification
CORI Table A crimes = Presumptive Disqualification
“No risk” letter
Discretionary Review
20
Adverse CORI Findings?
4.
5.
6.
7.
21
Review additional information
Make a decision
Document everything
Notify EEC – update BRC Manager
Background Record Storage
22

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
How will EEC monitor compliance?
23

Verify EEC approval of Reviewers

Review program’s BRC policies and
procedures

Check personnel files

Review Discretionary Review files
How Do I Get Started?
24

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
Next Steps:
Establish a User Account in BRC
Manager
 Request “Reviewer” Privileges
 Submit future BRC requests
electronically

25
Questions?
Available on the EEC website
(eec.state.ma.us):
• Regulations
• Technical Assistance
• E-training Powerpoint
• Instructions for BRC Manager
• Frequently Asked Questions
• [email protected]
26
Thank you for your kind attention.
27