606 CMR, § 14.08 - Processing Candidates' Background Record Check Requests

(1) A signed consent form initiates the BRC process. Upon receipt of a BRC consent form, EEC will determine whether there is a final suitability determination on file for the candidate within the prior three years.

(2) Final Suitability Determination on File:

(a) If EEC concludes that it issued the candidate a prior final suitability determination and it is still valid, then EEC will request additional information from the candidate. The candidate must provide all required information before EEC may share the final suitability determination with a new Program. Knowingly providing false information in connection with this response constitutes a materially false statement, which may result in EEC issuing the candidate a final suitability determination of "not suitable".

(b) If EEC authorizes sharing the candidate's prior suitability determination, then EEC will issue a final suitability determination to the new Program. If not, a new BRC must be completed on the candidate.

(3) All applicable BRCs should be requested from the relevant federal or state agency/ repository within a maximum of 45 days from the date the candidate is fingerprinted by EEC approved means, excluding any time required for the review process.

(4) All EEC BRC results showing findings and requiring further EEC review shall be transmitted to the candidate and reviewed by EEC.

(5) EEC will notify the relevant parties of a candidate's provisional status, if applicable, and final suitability determination.

(6) A family child care licensee's BRC process is complete after the receipt of a final suitability determination for the family child care licensee and any household members and persons regularly on the premises 15 years of age or older.

(7) A Program candidate (other than family child care licensees, household members, and persons regularly on the premises) has completed the BRC Process when EEC issues a final suitability determination.

Notes

606 CMR, § 14.08

Amended by Mass Register Issue 1374, eff. 10/1/2018. Amended by Mass Register Issue 1398, eff. 5/16/2019. Amended by Mass Register Issue 1433, eff. 12/25/2020.