Must all staff in early education and care programs complete a BRC?
- For group and school age child care and funded programs:
All staff must complete a BRC check.
- For family child care, residential programs, and placement agencies:
Only individuals present in an EEC-licensed program with the potential for unsupervised access to children (including household members and persons regularly on the premises in family child care homes) must complete a Background Record Check (BRC).
Licensed programs must ensure that all individuals in their program who have the potential for unsupervised access to children have their BRC renewed on time, and that any prospective candidates who have unsupervised access to children, and any new household members in family child care homes and individuals regularly on the premises of child care homes, complete a Background Record Check.
My program is located within another larger organization. Which “all staff” must have a BRC?
The all staff requirement applies to all staff of the child care program. It does not include related programs that are not a part of the child care facility.
Do Volunteers or Third-Party Individuals (such as ABA therapists, etc.) need to complete a BRC?
Any individual assisting in an unsupervised capacity and third parties assisting in an unsupervised capacity must complete an EEC BRC.
If the volunteer or third-party individual does not have the potential for unsupervised access to the children in the program, they would not need to complete a Background Record Check.
Who is considered a 3rd party?
This is defined as an affiliated person: “Regular association with an EEC licensed, approved or funded program through employment, contract or an informal agreement with the program or parents for the purpose of providing services on behalf of the program or a child in attendance."
Must a Program Administrator run a 3rd party's BRC, or will their organization run it?
A BRC Program Administrator is responsible for ensuring that third parties who have unsupervised access to children complete an EEC BRC.
For GSA and funded programs, third parties may be run through the EEC BRC Navigator Program Portal as an affiliated individual. Alternatively, they may be run by creating an “agency” by having the affiliated/third party call the BRC Unit to set up an account. The “agency” function should be used for agencies that contract with many child care programs or have a large number of staff.
For residential programs and placement agencies, the candidate can also be run as a staff if the “agency” function does not work for the organization.
If another organization has run the BRC for the 3rd party, how do I know it is still valid?
The program needs to be affiliated with an agency to be able to view the suitability letters of the individual’s submitted by the agencies. Licensee/Reviewers of the programs will have the option available on the homepage of BRC Manager to affiliate with an agency. New candidates being submitted in the BRC Navigator should be run in the role of “affiliated individual.”
Would an occasional volunteer be required to get a BRC? What about occasional chaperones?
Any regular volunteer or chaperone (those who are regularly present) would need to have a BRC run. Occasional volunteers and chaperones (those only infrequently present) do not need to have a BRC run, unless they have unsupervised access to children.
Any volunteer or chaperone with unsupervised access to children must have an EEC BRC run.
How often must BRCs be completed?
BRCs must be run once every 3 years, unless EEC requires that a candidate be re-run sooner.
EEC will require someone to be re-run sooner for the following reasons:
- A candidate moved outside of Massachusetts since the last EEC BRC was completed and had a break in employment or affiliation of thirty days or longer;
- When it has been revealed by the candidate, or through a reliable source, that new criminal charges have been brought against the candidate, there has been a child welfare investigation involving the candidate, or the candidate has been required to be registered or classified as a sex offender in Massachusetts or any other state or territory;
- Candidates who have a break of 180 days or more from being affiliated with an EEC Program;
- When EEC or the BRC Program Administrator has discovered that the candidate has false, misleading or incomplete information on file;
- Candidates who may be involved in any investigation;
- For purposes of resolving a candidate’s pending criminal charge, sex offender status or child welfare information.; and
- When a candidate changes their role or program type.
After what duration of a break in employment does a candidate require a new BRC?
EEC and BRC Program Administrators will not process BRCs more frequently than required by state statute, unless an exception applies.
When applicants resubmit their BRC, they will be asked if they fall within the following exceptions that may be required to complete a partial or full EEC BRC prior to their BRC renewal date, at the discretion of EEC:
- Candidates who have moved outside of Massachusetts since the last EEC BRC was completed and who have had a break in employment or affiliation of thirty days or longer;
- When it has been revealed that new criminal charges have been brought, there has been a child welfare investigation, or the candidate has been required to be registered or classified as a sex offender in Massachusetts or any other state or territory;
- Candidates who have a break of 180 days or more from being affiliated with an EEC Program;
- EEC or the BRC Program Administrator has discovered that the candidate has false, misleading or incomplete information on file;
- Candidates who may be involved in any investigation;
- For purposes of resolving a candidate’s pending criminal charge, sex offender status or child welfare information; and
- Candidates who change role or program type.
Do the rules about “breaks in employment” apply to college or high school students who are seasonal?
Students and seasonal workers do not need to be re-run, unless there is a gap of employment of 180 days or more.
Would a staff member on extended medical leave need to get a new BRC prior to returning to work?
Any staff who are on leave but remain on the payroll throughout their leave would not require a new BRC within the three (3) years.
Does job title matter in determining who can supervise provisional group & school age program staff?
No, the supervised requirement does not require a certain job title. Any person that has a complete final “suitability” from EEC on file and who has the ability to provide direct visual supervision may be considered for this role. A final “suitability” requires that the CORI, SORI, DCF and Fingerprint checks to have been completed and approved.
Can I offer a candidate a position prior to them being approved “Provisionally"?
No. A supervised “provisional” offer may be made until EEC has deemed the candidate eligible for this status. The program cannot offer this temporary employment until a separate letter from EEC has been received.
When renewing a program license, can EEC provide a staff roster for the program?
Each licensed program is responsible for keeping its own staff list and must provide a copy of it to their EEC licensor with the renewal application. The staff roster must be current as of the date of the renewal request.
EEC cannot provide a program with a copy of their staff roster as EEC is not the hiring authority for a licensed program. The program licensor will match up the staff list provided to EEC’s BRC records to check the status of each person being run.
The list may be provided to your licensor no earlier than 120 days but no later than 30 days prior to your license expiring. You should provide the information as much in advance as possible because you will receive notices from the LEAD system until you provide the information and your BRC compliance can be confirmed.
How can I transfer a BRC suitability determination if there is a current BRC from another program?
EEC implements “suitability” transfers for eligible candidates if certain rules are met. This is required under federal law and EEC regulations. Note that a supervised “provisional” status may not be transferred from one program to another.