Regulation  606 CMR 14: Criminal offender and other background record checks

Date:	05/24/2019
Organization:	Department of Early Education and Care
Regulatory Authority:	MGL c. 15d, §§ 3, 7 and 8
Official Version:	The public comment notice will be published in the Massachusetts Register on May 31, 2019.

NOTICE OF PUBLIC COMMENT PERIOD

In accordance with M.G.L. c. 30A, the Board of Early Education and Care (EEC) has proposed amendments, on an emergency basis, to 606 CMR 14.00 pursuant to its authority under c. 15D §§ 3 and 8.  The proposed amendments are sought on an emergency basis and align with the new background record check mandates set forth in the Child Care Development Block Grant Reauthorization Act of 2014, 45 USC §9858f 45 CFR §9843.  These amendments make specific, discrete changes to 606 CMR 14.00.  These changes are as follows:

1. Frequency of Background Record Checks (BRCs):
   1. 606 CMR 14.09(3)(c) is amended to allow a BRC to be run on a candidate who has a break of more than 180 days from affiliation with an EEC program. (Current regulations state a one year break);
   2. 606 CMR 14.09(3)(g) is a new section that allows BRCs to be re-run more frequently when a candidate is changing program types.
2. Presumptive Disqualifies:
   1. Language is 606 CMR 14.10(5) is being amended as follows to clarify the definition of a presumptive disqualification, as follows:  Language in the current regulation referring to “non-conviction” or “non-delinquent” is stricken.
3. Clarification of the term “volunteer” in 606 CMR 14.04 to reflect that a volunteer cannot have any unsupervised access to children. Language surrounding the frequency of volunteers’ presence in the Program has been stricken throughout the regulations.
4. The language at 606 CMR 14.11(1) and 14.13(2)(e) is revised to add licensees as roles that are not eligible for provisional hiring because they cannot feasibly be supervised in light of their duties.

To view the proposed regulations, you may download copies further below on this web page. You may also obtain a hard copy of the proposed regulations at EEC main office at 51 Sleeper Street, Fourth Floor, Boston, MA 02210, or by emailing [e-mail].

 

Ways to Provide Comment:

Email to:	Jenna Buonopane Paralegal [e-mail]
Mail or hand delivery to:	Department of Early Education and Care 51 Sleeper Street, 4th Floor Boston, MA 02210 Attention: Jenna Buonopane

The deadline for submitting written comment is June 28, 2019 at 5:00 p.m.

Please note that in the "Downloads" section below, the version labeled "clean" incorporates the proposed amendments into the current regulations and the version labeled "redlined" shows the line-by-line proposed amendments to the current regulations.