What do I do with BRC documents if the employee is terminated?
If the employee is terminated, you should keep them for as long as your counsel advises, taking into consideration any potential employment action. EEC cannot advise on this topic.
Should I keep a receipt of a candidate’s Fingerprint in their BRC file?
It is not required; however, it is always a good idea for candidates to keep a copy of the receipt in case proof of the fingerprinting appointment is needed.
Can I keep BRC records in my central office, or must they be kept where the staff member works?
You may choose to keep your BRC records in the place that makes the most sense operationally, taking into consideration who is completing the BRC process. Records should be kept in a secure location that is easily accessible to the Licensee/BRC Program Administrator(s).
What is the difference between Mandatory, Presumptive, and Discretionary Disqualifications?
Any offense in EEC’s Table of Disqualifying Offenses – Mandatory Disqualifications that appears on an EEC background record check as a “conviction” will automatically result in a “not suitable” determination by EEC. This not suitable is NOT eligible for EEC’s BRC review process. Any offense in EEC’s Table of Disqualifying Offenses – Mandatory Disqualifications that appears on an EEC background record check with a disposition other than “conviction” must be treated as a Presumptive Disqualification.
Presumptive Disqualification reviews are eligible for a review process with an enhanced review.
(1) Presumptive Disqualification Reviews may require a written assessment by a qualified mental health professional who is not the candidate’s treating mental health professional or direct employer. The mental health professional’s assessment must:
- Describe the nature of the assessment performed;
- Originate from the mental health professional’s opinion after completing an evaluation; and
- Conclude in writing whether the candidate poses an unacceptable risk of harm to the persons served by the program where the candidate is applying.
*Programs MUST obtain the mental health evaluation or the criminal justice letter if it is a presumptive review.
(2) Alternatively, the candidate may submit a letter from the candidate’s criminal justice official, including a probation or parole officer that the candidate does not pose a risk of harm to the persons served by the program where the candidate is applying.
Upon completion of the mental health assessment or receipt of a letter from the candidate’s criminal justice official, a discretionary review rationale must also be completed in the Presumptive Review process.
Discretionary Disqualification reviews are a review of all relevant CORI, DCF, SORI or fingerprint information. A rationale must be completed taking into consideration the following information when conducting a review: in assessing the candidate’s suitability given the concern for children’s safety, due weight shall be given to the following factors when evaluating the candidate’s criminal offense(s) or abuse/neglect finding(s):
- Time since the incident(s);
- Age of the candidate at the time of the incident(s);
- Seriousness and specific circumstances surrounding the incident(s);
- Relationship of the incident(s) to the ability of the candidate to care for children;
- Number of criminal offenses or findings of abuse/neglect;
- Dispositions of criminal offenses and findings of abuse/neglect;
- Relevant evidence of rehabilitation or lack thereof; and
- Other relevant information, including information submitted by the candidate.
What is the process for Presumptive Disqualification and Discretionary Disqualification reviews?
EEC reviews all presumptive and discretionary disqualifications for candidates submitted in EEC’s BRC Navigator Program Portal. For candidates with presumptive offenses, EEC will use its discretion to determine whether a criminal justice letter is warranted.
Is there a time frame to consider when looking at offenses or supports on a candidate’s record?
No, all offenses and supports are taken into consideration, regardless of how much time has passed since the offense or support. This includes juvenile and sealed records. However, when conducting a Discretionary review, the BRC Program Administrator is to use the factors within EEC BRC regulations to make a determination.
How will candidates and programs be notified about Mandatory Disqualifications?
If a candidate has a Mandatory Disqualification conviction on a BRC, they will be mailed a “Mandatory Disqualification” letter that requires action within 7 calendar days. The program will also be contacted verbally to confirm candidates’ current employee status.
If the Mandatory Disqualification is confirmed, the candidate and the program will be sent a letter to remove the candidate from the program within 14 calendar days.
What appeal rights does a child care candidate have if they have a Mandatory Disqualification?
Federal law does not provide appeal rights for a Mandatory Disqualification.
Candidates are, however, permitted to dispute the accuracy of their record. EEC will notify the individual that there is a Mandatory Disqualification in their BRC and that they may dispute the accuracy of the information (meaning that the results of the BRC are wrong and it is not a conviction for the crime) with the relevant reporting agency (e.g., the Sex Offender Registry Board).
If the candidate is unable to dispute the accuracy of the record, EEC will find them not suitable for hire. If the candidate currently works at, or is affiliated with a program, the program must terminate their employment or affiliation within 14 calendar days of notification, unless EEC informs them to remove the candidate sooner.
If someone has a record with a Mandatory Disqualification from years ago, will they be disqualified?
Yes, regardless when the offense occurred or if the offense has been “sealed,” if there is a conviction on a candidate’s BRC for any offense appearing on the Table of Disqualifying Offenses – Mandatory Disqualifications then the candidate will not be allowed to work within an EEC child care program.
What criteria does EEC use for Mandatory Disqualification?
Mandatory Disqualifications are based in federal law. The disqualification occurs when there is a felony or a certain serious misdemeanor conviction for a mandatory offense. If such a conviction appears during a BRC, EEC is required by federal law to disqualify the individual. If candidates dispute that the charge does not meet the standard of a mandatory disqualification, then it will be sent to a review.
Do Mandatory Disqualifications apply to candidates in EEC Residential Programs/Placement Agencies?
If a candidate in a residential program or placement agency has an offense on a CORI, SORI, or fingerprint check that is listed in EEC’s Table of Disqualifying Offenses – Mandatory Disqualifications, the offense must be treated as if it were a Presumptive Disqualifying offense, and EEC’s requirements for Presumptive Disqualification reviews would apply.