The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to the protection of children and the disabled. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 119 of the General Laws is hereby amended by inserting after
section 51G the following section:—
Section 51H. As used in this section, the term “provider of youth or disabled
services” shall mean an individual, business entity or organization which
regularly engages in providing educational, recreational or athletic activities
or transportation services to persons under the age of 18 or to persons, of any
age, who are mentally retarded.
Any person employed by or serving as a volunteer for a provider of youth or
disabled services must:
(a) Prior to engaging in such employment or volunteer service, submit to a
background check to determine suitability for such employment or volunteer
service;
(b) Thereafter, submit to a background check on an annual basis.
The employee or volunteer shall, upon a standard Request for Background Check
Form, submit a signed request for a background check to the chief of police of
the city or town in which the employee or volunteer resides.
Upon receipt of a signed request, the chief of police or his designee shall
conduct a background check which, at a minimum, shall include a review of:
(a) the requestor’s Massachusetts criminal history;
(b) the requestor’s Massachusetts driving record; and,
(c) the police department’s records, of any nature, relating to the requestor.
Upon completion of the background check, the chief of police or his designee
shall evaluate the information relating to the requestor and then, upon a
standard Determination of Suitability Form, indicate one of the following
findings:
(a) I find, as of this date, that (name of requestor) is a suitable person to
be an employee of or volunteer for a provider of youth or disabled services;
(b) I do not have sufficient information to make a determination as to whether
or not (name of requestor) is a suitable person to be an employee of or
volunteer for a provider of youth or disabled services;
(c) I find, as of this date, that (name of requestor) is not a suitable person
to be an employee of or volunteer for a provider of youth or disabled services.
The original of the form shall be dated and signed by the chief of police or
his designee and given or mailed to the requestor within seven working days of
the department’s receipt of the request for a background check. The department
shall retain a copy of the form for a minimum of five years. A Determination of
Suitability shall be current and valid for one year from the date of its
issuance.
Each provider of youth or disabled services must maintain a current and
complete roster of all employees and volunteers. Upon receiving a Determination
of Suitability Form from an employee or volunteer or a prospective employee or
volunteer, the provider of youth or disabled services shall make a
determination as to whether or not to permit the person to engage in employment
or volunteer service. The provider shall file and retain the employee/volunteer
rosters and Determination of Suitability Forms for a minimum of five years.
Any requestor, aggrieved by a suitability determination made by a chief of
police or his designee, may appeal such determination to a magistrate of the
district court for the jurisdiction within which the requestor resides. Within
20 business days of receiving such appeal, the magistrate shall conduct a
hearing and affirm such determination unless, by a preponderance of the
evidence, it appears that the determination was made without proper cause or in
bad faith.
A chief of police or his designee, an agent of a local board of health or an
agent of the Massachusetts department of public health may, during regular
business hours, inspect the employee/volunteer rosters and Determination of
Suitability Forms of any provider of youth or disabled services.
Any provider of youth or disabled services who:
(a) employs or utilizes the volunteer services of a person who is not the
subject of a current and valid Determination of Suitability; or
(b) refuses to permit the inspection of employee/volunteer rosters or
Determination of Suitability Forms shall, for a first offense, be subject to a
fine of up to $500 and, for a second or subsequent offense, be subject to a
fine of up to $1,000.