110 CMR 18.10 - Disqualification

(1) Lifetime Presumptive Disqualification. A candidate shall be ineligible for a position in the Department or a Department funded or operated program which entails potential unsupervised contact with persons receiving services if he or she has been convicted of, has any pending charges, involving crimes listed in 110 CMR 18.16: Table A unless:
(a) the candidate's criminal justice official
1. concludes in writing that the candidate, within the position sought in the Department or in a Department vendor agency program, does not pose an unacceptable risk of harm to the persons served by the program, or
2. has been determined by the hiring authority to be unavailable or has indicated to the hiring authority that he/she has insufficient information to render an assessment, then the hiring authority shall, at the candidate's request, seek an assessment (the cost of which shall be borne by the hiring authority) of the candidate's risk of harm from a qualified mental health professional and the qualified mental health professional concludes in writing that the candidate, within the position sought in Department or a Department funded or operated program, does not pose an unacceptable risk of harm to the persons served by the program; and
(b) the hiring authority has complied with the provision of 110 CMR 18.11.
(c) In the case of an individual seeking to serve as a foster/pre-adoptive kinship placement for a child in the care or custody of Department, the Department shall not be precluded from placing the child(ren) in a kinship foster/pre-adoptive home where the Commissioner, Deputy Commissioner for Field Operations and General Counsel have conducted a review Ell pursuant to 110 CMR 18.11(9) and determined the placement is in the best interest of the child.
(2) Discretionary Disqualification. A candidate shall be ineligible for any position in Department or a Department funded or operated program which entails potential unsupervised contact with persons receiving services if he/she has been convicted of, has any pending charges, involving any of the crimes listed in 110 CMR 18.16: Table B or Table C, unless the hiring authority has complied with the provisions of 110 CMR 18.11.
(3) Provisions Pertaining to Foster/Pre-adoptive Parents.
(a) In the case of a foster/pre-adoptive parent, 110 CMR 18.10(1)(2) shall apply as if the foster/adoptive parent was a candidate for a position.
(b) When determining eligibility, approval or licensing of a foster/pre-adoptive parent the Department shall conduct a review of any misdemeanor offense in accordance with 110 CMR 18.11(10) in order to assist the Department in accurately evaluating whether the mere existence of the offense has a substantial effect on the foster/pre-adoptive parent's current or future ability to assume and carry out the responsibilities of a foster/pre-adoptive parent in such a manner that the rights of the child to sound health and normal physical, mental, spiritual and moral development are insured.

Notes

110 CMR 18.10

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