Section 1.05 - Disqualifying Background Information(1)Applicants and Family Day Care. Any applicant, licensee, provider, family day care approved assistant, family day care household member, and any person regularly on the premises when family day care children are present shall have a background free of conduct which, in the judgment of the Office, bears adversely upon applicant's or licensee's ability to care for children. (a) Such conduct shall include, but not be limited to the following: 1. criminal charges or a criminal conviction included in a CORI (Criminal Offender Record Information) report as a result of behavior that, pursuant to written policy, OCCS has determined to impair the applicant's or licensee's ability to care for children;2. engaging in, or having engaged in, any other conduct, criminal or otherwise, determined by the Office to impair the applicant's or licensee's ability to care for children;3. engaging in, or having engaged in conduct which results in his/her child being adjudicated to be in need of care and protection;4. allegations of abuse or neglect of a child, supported in a 51B report;5. use of alcohol or drugs to an extent or in a manner that is determined by the Office to impair the applicant's or licensee's ability to care for children properly.(b) An applicant shall not qualify to receive, retain, or have renewed a license if the background of the applicant, household member, or person who is regularly on the premises is not free from conduct which adversely bears on the provider's ability to care for children.(c) Failure to disclose relevant criminal history may result in mandatory disqualification even if such crimes do not fall under the "Mandatory Disqualification" section of the OCCS CORI Policy.(d) A family day care home shall not have any household member or persons who are regularly on the premises whose presence would, in the judgment of the Office, be detrimental to the health and welfare of day care children, or would impede or prevent the provision of adequate day care in the home.(2)Employees of Group Day Care, School Age, Residential Programs and Agencies Offering Child Placement and Adoption Services.(a) Each person employed by the licensee, who has the potential for unsupervised contact with children, shall have a background free of conduct which bears adversely upon his or her ability to provide for the safety and well-being of a child. The licensee shall determine, in accordance with OCCS policy, whether an employee's or potential employee's conduct, criminal or otherwise, shall disqualify that person from employment in the program. In making this determination the licensee shall consider the following: 1. Engaging in, or having engaged in conduct which results in his/her child being adjudicated to be in need of care and protection.2. Use of alcohol or drugs to an extent or in a manner that is determined by the licensee to impair his/her ability to care for children properly.3. Having engaged in conduct which results in criminal charges or a criminal conviction included in a CORI (Criminal Offender Record Information) report.4. Engaging in, or having engaged in, any other conduct, criminal or otherwise, determined by the licensee, to impair the employee's ability to care for children.(b) Each licensee shall ensure that employees shall not have the potential for unsupervised contact with children until the licensee determines that the requirements of 102 CMR 1.05(2)(a) are met. (1)Visits to Determine Compliance.(a) Any employee of the Office, may, at any reasonable time, visit and inspect any facility or program operated by a person who is subject to licensure or approval by the Office in order to determine whether such facility or program is being operated in compliance with the law and with any OCCS regulations governing such programs.(b) Any employee of the Office authorized by the Commissioner may make oral and written inquiries to determine whether a program or facility is being operated in compliance with designated regulations.(2)Complaint Investigations.(a) An employee of the Office, authorized by the Commissioner may visit and inspect any facility or program upon receipt of a complaint and allegations regarding compliance with any OCCS regulations governing such programs.(b) Such visits will be conducted at any reasonable time in order to determine whether any child is in jeopardy and/or whether such facility or program is being operated in accordance with any OCCS regulations governing such programs.(c) A person duly authorized by the Director may be accompanied by an employee of any department, agency or institution of the Commonwealth during the Office's investigation process if the Office and said department, agency or institution of the Commonwealth have agreed to conduct a joint investigation.(3)Availability of Information. The applicant or licensee shall make available any information requested by the Office to determine compliance with any Office regulations governing such programs, by providing access to his/her facilities, records, staff and references. The provider, approved assistant, household members, and other persons who are regularly on the premises, and any staff members shall provide the Office with all information required in any Office regulations governing such programs.(4)Visit Reports. Whenever the Office finds upon inspection or through information in its possession that a program or facility is not in compliance with any applicable licensing provisions of 102 CMR, the Office shall inform the licensee in a written visit report of the observations made and the regulation(s) which the licensee has violated, and may request a plan for compliance from the licensee to be submitted within a reasonable time as determined by the Office, but in no case longer than 30 days.