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606 CMR 14.00: Background Record Checks What you need to know!

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 / No Record” E-Response: Adverse Findings. Background Record Checks .

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606 CMR 14.00: Background Record Checks What you need to know!

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  1. 606 CMR 14.00:Background Record ChecksWhat 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 Regulations • CHSB Requirements

  8. Background Histories are Private!!! Personal! Confidential!

  9. 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 $$$ JAIL $$$ *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: • Employees • Volunteers • Interns

  14. Employer Review of Candidate • Verify Identification • Obtain signed consent form • Submit request via BRC Manager • “No Findings / No Record” results returned via BRC Manager • Adverse findings returned by mail

  15. Employer Review of Candidate • Verify Identification • Obtain signed consent form • Submit signed original consent to EEC • 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? • Verify the report • Notify the candidate • Copy of report • Copy of program policies • Process to correct errors • Request the 51B

  18. Discretionary Review • Review the 51B and additional information • Make a decision • Document everything • Notify EEC – update BRC Manager

  19. Adverse CORI Findings? • Verify the report • 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? • Review additional information • Make a decision • Document everything • 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.

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