Criteria
for Vendor Agency Submissions to DPH
105 CMR 950.106 (4)
A vendor agency program must submit to the Department, at a minimum, the below listed information for
each candidate with a conviction or pending charge on Tables A, B,
or C that the agency decides to hire.
Programs granted an exemption under 105 CMR 950.107 and programs
hiring candidates with only Table C convictions must still submit
this information.
The information should be submitted to the Massachusetts
Department of Public Health, Office of the General Counsel, Attn:
CORI Coordinator, 250 Washington Street Boston, MA 02108.
1. A complete description of the criminal conviction(s) and related
sentence(s), including a copy of the CORI report. The Department
is authorized by the Criminal History Systems Board to receive such
CORI reports.
a) If the CORI report reflects that the candidate has an outstanding
warrant for any case, submission to the Department is not required
because the candidate is ineligible for the position. 105 CMR
950.104(3).
b) If the CORI report indicates that the case(s) is still open,
request verification of case status from the candidate. In some
instances the case should no longer be open, but the status remains
noted as open due to an administrative error. If this is the circumstance,
provide the Department with documentation (from the court or probation)
indicating that the case has been closed.
c) If an offense listed on the CORI Report is not included in
Table A, B, C, vendor must check to see whether the offense is
similar in seriousness to a Table A, B or C included offense (Eg.
“Abuse Prevention Act” not included in Tables but
appears similar to Table B “Violation of Domestic Protective
Order”). In such cases, confer with CHSB, EOHHS Unit for
determination as to whether the offense should be considered as
one of the included offenses. 105 CMR 950.201.
2. Indicate prominently:
a) whether the conviction or the pending charge is on Table A,
B, or C;
b) whether the vendor agency has an exemption from the five-day
review requirement (105 CMR 950.107);
c) whether the vendor agency receives funding for this program
from any other state agency, and, if so, indicate each agency,
percentage of funding from each agency, and the name and phone
number of a contact person for each agency, if known.
3. If the conviction is listed on the Lifetime Presumptive Disqualification
table (Table A), provide documentation from a “criminal justice
official” or a “qualified mental health professional”
that the candidate does not pose an unacceptable risk of harm to
persons served.
a) “Criminal justice official” is defined as--the candidate’s
probation officer, parole officer, correctional facility superintendent
or designee, the person with most recent supervision .
b)“Qualified mental health professional” is defined
as--licensed psychiatrist, licensed psychologist, licensed social
worker, but not candidate’s treating clinician
4. A copy of the agency’s written determination documenting
why the candidate is appropriate for the position and why he/she
does not pose a danger to the program’s clients. Said determination
shall reflect the following factors:
- Time since the conviction;
- Age of candidate at the time of the offense;
- Seriousness and specific circumstances of the offense;
- Relationship of the criminal act to the nature of the work
to be performed;
- The number of offenses;
- Any relevant evidence of rehabilitation or lack thereof; and
- Any other relevant information.
5. A description of the position for which the agency wishes to
employ the candidate, including:
- The supervision for this position. Provide a full description
of who will supervise this position, the level of supervision
and the portion of time the candidate will be without direct supervision
during any particular shift. Also include whether any portion
of the job is off-site including, but not limited to, transporting
clients, and describe how supervision will be provided during
off-site contact with clients;
- The type and amount of unsupervised contact with agency clients
expected for the individual holding this position.
6. A description of why this candidate is a good candidate for
the position for which s/he is being considered.
7. Documentation that the agency has verified prior employment
(in particular all social services jobs held during the prior five
years) and any relevant information that such verification revealed.
If prior employment was in a position where the individual had unsupervised
contact with vulnerable clients, verify and document the circumstances
and whether there were any related disciplinary problems during
the employment.
8. The vendor agency should summarize the above-listed items in
a cover letter highlighting why the agency believes that the proposed
candidate should be hired.
2-May-03
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