606 cmr 14 00 background record checks what you need to know
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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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Presentation Transcript
continuous quality improvement
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
Background Record Checks
  • All staff with potential unsupervised contact with children
  • Review of:
    • Criminal convictions or charges
    • DCF* background records

* Formerly DSS

regulation requirements
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?
types of background check review
Types of Background Check Review
  • EEC Review (Licensees & Reviewers)
  • Employer Review (Employees, Volunteers and Interns)
eec review
EEC Review
  • Licensees
  • Reviewers
    • Hiring Authority
    • Clerical / Administrative
  • Repeat every three years (or at license renewal)
why does eec approve reviewers
Why does EEC approve Reviewers?
  • EEC Regulations
  • CHSB Requirements
slide9
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

designate a reviewer
Designate a Reviewer
  • “Need to Know” basis
  • Protect your username and password

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who should be a reviewer
Who Should be a Reviewer?

Considering program size and structure:

  • The Licensee
  • The Hiring Authority
  • Human Resources?
  • The Board Chair?
  • Administrative / Clerical Staff?

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types of background check review12
Types of Background Check Review
  • EEC Review (Licensees & Reviewers)
  • Employer Review (Employees, Volunteers and Interns)
employer review
Employer Review
  • Current and Prospective:
    • Employees
    • Volunteers
    • Interns
employer review of candidate
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
employer review of candidate15
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
background record check adverse findings
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
adverse dcf findings
Adverse DCF Findings?
  • Verify the report
  • Notify the candidate
    • Copy of report
    • Copy of program policies
    • Process to correct errors
  • Request the 51B
discretionary review
Discretionary Review
  • Review the 51B and additional information
  • Make a decision
  • Document everything
  • Notify EEC – update BRC Manager
adverse cori findings
Adverse CORI Findings?
  • Verify the report
  • Notify the candidate
  • If presumptive CORI, obtain “No Risk” Letter
presumptive disqualification
Presumptive Disqualification

CORI Table A crimes = Presumptive Disqualification

“No risk” letter

Discretionary Review

adverse cori findings21
Adverse CORI Findings?
  • Review additional information
  • Make a decision
  • Document everything
  • Notify EEC – update BRC Manager
background record storage
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
how will eec monitor compliance
How will EEC monitor compliance?
  • Verify EEC approval of Reviewers
  • Review program’s BRC policies and procedures
  • Check personnel files
  • Review Discretionary Review files
how do i get started
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
next steps
Next Steps:
  • Establish a User Account in BRC Manager
  • Request “Reviewer” Privileges
  • Submit future BRC requests electronically
questions
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]
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