Questions on Disqualifications: Mandatory Disqualifications

Questions in this section are about offenses on an EEC Background Record Check (BRC) that fall under the Table of Disqualifying Offenses: Mandatory Disqualifications.

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Which offenses are “Mandatory Disqualifications”?

Which offenses are "Mandatory Disqualifications"?

Please see EEC's Table of Disqualifying Offenses - Mandatory Disqualifications for the list of offenses that are classified as Mandatory Disqualifications in an EEC Background Record Check.

What is the applicability of Mandatory Disqualifications?

What is the applicability of Mandatory Disqualifications?

Under the federal CCDBG law, EEC is required to apply Mandatory Disqualifications to all existing or prospective child care candidates or affiliated individuals in EEC licensed, approved, or funded child care programs. In the new BRC requirements that began on October 1, 2018, EEC will apply Mandatory Disqualifications to existing or prospective candidates in EEC-licensed child care programs who are subject to a Background Record Check.

Do programs need to be aware of the new Mandatory Disqualifications?

Do programs need to be aware of the new Mandatory Disqualifications?

EEC will handle all Background Record Check results that include a Mandatory Disqualifying offense. EEC has made the Table of Disqualifying Offenses – Mandatory Disqualifications available so that programs and their staff are aware of the offenses that will automatically disqualify a current or prospective candidate from working in an EEC-licensed or funded child care program. If you receive a record that you believe has a Mandatory Disqualification per EEC’s Table of Disqualifying Offenses – Mandatory Disqualifications, please contact a member of EEC’s BRC Unit at 617-988-7841 or submit a ticket using the BRC Support Tool at: https://massgov.service-now.com/brc.

How will candidates and programs be notified about Mandatory Disqualifications?

How will candidates and programs be notified about Mandatory Disqualifications?

If a candidate has a Mandatory Disqualification conviction on a Background Record Check, then they will be mailed a “Mandatory Disqualification” letter that requires action within seven (7) calendar days. The program will also be contacted verbally to confirm candidates’ current employee status. If the Mandatory Disqualification is confirmed, then the candidate and the program will then be sent a letter to remove the candidate from the program within fourteen (14) calendar days.

Do programs need to terminate candidates who they know have a conviction or delinquent disposition?

Do programs need to terminate candidates who they know to have a conviction or delinquent disposition for any charge listed on EEC’s Table of Disqualifying Offenses - Mandatory Disqualifications, if the candidate is not due for a BRC renewal at the time the employer learns this information?

Do programs need to terminate candidates who they know to have a conviction for any charge listed on EEC’s Table of Disqualifying Offenses - Mandatory Disqualifications, if the candidate is not due for a BRC renewal at the time the employer learns this information?

Programs are not required to terminate candidates if they become aware of a conviction for any charge listed on EEC’s Table of Disqualifying Offenses- Mandatory Disqualifications until they are notified to do so by EEC. Mandatory Disqualifications will not apply to existing candidates until they are re-run for a BRC or are having their BRC renewed. Candidates processed for a Background Record Check after October 1, 2018, will be disqualified through EEC’s BRC process if they have a Mandatory Disqualification.

If EEC is alerted that a candidate has a conviction on their record dated after the date of their last Background Record Check, the Background Record Check must be re-run under EEC’s regulations.

What appeal rights does a child care candidate have if they have a Mandatory Disqualification?

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 Background Record Check, 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, then 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?

If a candidate has a Mandatory Disqualification on their record from many years ago, will they still be disqualified?

Yes, regardless when the offense occurred or if the offense has been “Sealed”, if there is a Conviction on a candidate’s background record check for any offense appearing on the Table of Disqualifying Offenses – Mandatory Disqualifications located at 606 CMR 14.10(1) then the candidate will not be allowed to work within an EEC child care program.

What criteria does EEC use for their Mandatory Disqualification reviews?

What criteria does EEC use for their Mandatory Disqualification reviews?

Mandatory Disqualifications are based in federal law. The criteria is whether there is a felony or a certain serious misdemeanor conviction for a mandatory offense as required by federal law. If that criteria is met, then EEC is required by federal law to disqualify the individual.

Do Mandatory Disqualifications apply to candidates in EEC Residential Programs/Placement Agencies?

Do Mandatory Disqualifications apply to candidates in EEC-licensed or approved Residential Programs and 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.

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