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March 3, 2014
Policy and Research Committee Presentation

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Why Amend the Regulations?

Effective September 1, 2013, the
Governor signed a bill amending EEC’s
Enabling Act (G.L. c. 15D) by requiring
EEC to conduct fingerprint-based checks of the state and national criminal history databases, as well as Sexual Offender
Registry Information (SORI) checks.

See Chapter 459 of the Acts of 2012
(as amended by Chapter 77 of the Acts of
2013)

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Emergency Regulations Adopted

Board of Early Education and Care voted to adopt amended emergency regulations on
December 10, 2013.

Public Comment Period held from December 12,
2013 to January 14, 2014.

EEC received two written sets of public comments.

175 e-mail inquiries have been sent to dedicated
EEC Fingerprint mailbox.

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Summary of Common Themes from
Public Comment Received by EEC

EEC received uniform support for stronger background checks, including fingerprint-based checks and SORI checks.

The most frequent concerns raised were:

The $35.00 cost for an individual to get fingerprinted is excessive/not affordable.
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Confusion over whether volunteers, interns, and other infrequent visitors to programs must get fingerprinted.
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Concern regarding how frequently an individual must get fingerprinted, particularly if an individuals changes jobs.
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Questions regarding EEC’s ability to share fingerprintbased suitability determinations with another EEC program or an ESE program.

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Public Comment: Fingerprinting
Fees
PROPOSAL:
EEC shall charge, through the vendor
MorphoTrust USA,
$35.00 for each fingerprint scan.
COMMENT(S):
A $35.00 fingerprinting fee is excessive and not affordable for programs.
RESPONSE:
The $35.00 fee is set by statute and EEC is unable to waive the fees. Programs may choose to reimburse employees for this cost.

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Public Comment: Personnel Subject to Background Record Check
PROPOSAL:
Any individual with the potential for unsupervised contact with children must undergo a full background record check.
COMMENT(S):
There is confusion about which individuals are subject to background record checks.
RESPONSE:
The regulations define “potential for unsupervised contact”. EEC will issue policies to assist programs in clarifying who must undergo a background record check.

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Public Comment: Frequency of
Fingerprinting
PROPOSAL:
Individuals must undergo a background record check every three years, unless they leave employment.
COMMENT(S):
Unclear if an individuals must undergo a new background record check if they change employment.
RESPONSE:
An individual may have up to a oneyear gap in EEC employment without having to undergo a new background record check.

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Public Comment: Sharing of
Suitability Determinations
PROPOSAL:
EEC may not share the results of a fingerprint-based check outside of the agency, except that
EEC is required to share the results with the applicant.
COMMENT(S):
It is burdensome for an individual who works for multiple programs to get fingerprinted for each program.
RESPONSE:
EEC can share suitability determinations (but not the record) with other EEC programs.
EEC cannot share suitability determinations with
ESE programs.

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Other Changes to the Regulations:
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EEC broadened the definition of “candidate” to include transportation providers and family child care systems personnel. 606 CMR 14.05.
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The definition of “hiring authority” has been reworded to clarify that
EEC is responsible for reviewing background record check results of family child care programs, including household members and persons regularly on the premises, family child care assistants, licensees, reviewers, transportation providers, informal non-relative and relative caregivers, and family child care systems employees. 606
CMR 14.05.
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The regulations establish EEC’s role in conducting background record check requirements for transportation providers. 606 CMR 14.09(2).
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The regulations allow EEC to require programs to remove applicants working conditionally prior to the completion of a discretionary review, if fingerprint results present an unacceptable risk to children.
606 CMR 14.12.

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Next Steps
Tasks
Board Approval of
Regulations
File final regulations in
Secretary of State Register
Final Promulgation of BRC
Regulations
Timeline
Anticipated March 11, 2014
Anticipated March 14, 2014
Anticipated March 28, 2014