Final Revisions to 606 CMR 14.00

Report
Final Revisions to 606 CMR
14.00: Criminal Offender and
Other Background Record
Checks
March 3, 2014
Policy and Research Committee Presentation
1
Why Amend the Regulations?

Effective September 1, 2013, the
Governor signed a bill amending EEC’s
Enabling Act (G.L. c. 15D) by requiring
EEC to conduct fingerprint-based checks
of the state and national criminal history
databases, as well as Sexual Offender
Registry Information (SORI) checks.

2
See Chapter 459 of the Acts of 2012
(as amended by Chapter 77 of the Acts of
2013)
Emergency Regulations Adopted
3

Board of Early Education and Care voted to
adopt amended emergency regulations on
December 10, 2013.

Public Comment Period held from December 12,
2013 to January 14, 2014.

EEC received two written sets of public
comments.

175 e-mail inquiries have been sent to dedicated
EEC Fingerprint mailbox.
Summary of Common Themes from
Public Comment Received by EEC
4

EEC received uniform support for stronger background
checks, including fingerprint-based checks and SORI checks.

The most frequent concerns raised were:

The $35.00 cost for an individual to get fingerprinted is
excessive/not affordable.

Confusion over whether volunteers, interns, and other
infrequent visitors to programs must get fingerprinted.

Concern regarding how frequently an individual must get
fingerprinted, particularly if an individuals changes jobs.

Questions regarding EEC’s ability to share fingerprintbased suitability determinations with another EEC
program or an ESE program.
Public Comment: Fingerprinting
Fees
5
PROPOSAL:
COMMENT(S):
EEC shall charge,
through the vendor
MorphoTrust USA,
$35.00 for each
fingerprint scan.
A $35.00
fingerprinting fee is
excessive and not
affordable for
programs.
RESPONSE:
The $35.00 fee is set
by statute and EEC is
unable to waive the
fees. Programs may
choose to reimburse
employees for this
cost.
Public Comment: Personnel Subject
to Background Record Check
RESPONSE:
PROPOSAL:
Any individual with
the potential for
unsupervised contact
with children must
undergo a full
background record
check.
6
COMMENT(S):
There is confusion
about which
individuals are
subject to
background record
checks.
The regulations
define “potential
for unsupervised
contact”. EEC will
issue policies to
assist programs in
clarifying who
must undergo a
background record
check.
Public Comment: Frequency of
Fingerprinting
7
PROPOSAL:
COMMENT(S):
Individuals must
undergo a
background record
check every three
years, unless they
leave employment.
Unclear if an
individuals must
undergo a new
background record
check if they change
employment.
RESPONSE:
An individual may
have up to a oneyear gap in EEC
employment
without having to
undergo a new
background record
check.
Public Comment: Sharing of
Suitability Determinations
PROPOSAL:
EEC may not share
the results of a
fingerprint-based
check outside of the
agency, except that
EEC is required to
share the results with
the applicant.
8
COMMENT(S):
It is burdensome for
an individual who
works for multiple
programs to get
fingerprinted for each
program.
RESPONSE:
EEC can share
suitability
determinations (but
not the record) with
other EEC programs.
EEC cannot share
suitability
determinations with
ESE programs.
Other Changes to the Regulations:
9

EEC broadened the definition of “candidate” to include transportation
providers and family child care systems personnel. 606 CMR 14.05.

The definition of “hiring authority” has been reworded to clarify that
EEC is responsible for reviewing background record check results of
family child care programs, including household members and
persons regularly on the premises, family child care assistants,
licensees, reviewers, transportation providers, informal non-relative
and relative caregivers, and family child care systems employees. 606
CMR 14.05.

The regulations establish EEC’s role in conducting background record
check requirements for transportation providers. 606 CMR 14.09(2).

The regulations allow EEC to require programs to remove applicants
working conditionally prior to the completion of a discretionary
review, if fingerprint results present an unacceptable risk to children.
606 CMR 14.12.
Next Steps
10
Tasks
Timeline
Board Approval of
Regulations
Anticipated March 11, 2014
File final regulations in
Secretary of State Register
Anticipated March 14, 2014
Final Promulgation of BRC
Regulations
Anticipated March 28, 2014

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