Section 14.13 - Provisional and Conditional Hiring, Final Suitability Determinations and Transfer of Suitability(1) An EEC BRC is not complete and a candidate does not become a permanent employee, volunteer, intern, licensee, or person approved to provide services on behalf of a Program until EEC issues the candidate a final suitability determination.(2)Provisional Status and Conditional Hiring: (a)Provisional Status: After a candidate completes the required sex offender checks, a fingerprint-based check and EEC completes its preliminary screening process, EEC may authorize the Program to hire the candidate in provisional status in accordance with EEC policy. EEC may determine that the candidate's BRC history precludes them from being hired in provisional status.(b)Conditional Hiring: Candidates may be authorized to work as a conditional hire when permitted by EEC in accordance with EEC policy and state and federal law.(c) Upon receipt of notification that a candidate is eligible for provisional status, a Program may, within its discretion, utilize a candidate in a position under the direct visual supervision of a Program employee who has a current "suitable" finding with EEC until the candidate's remaining checks are complete and the Program receives a "suitable" final suitability determination from EEC.(d) EEC may require a candidate to be placed in provisional status pending the outcome of any EEC BRC.(e) Licensees, family child care candidates, relative caregivers, in-home non-relative caregivers, transportation personnel, temporary agency staff, and contracted/service providers may not be placed in provisional status.(3) After Submitting a BRC, EEC may take the following actions with the candidate's BRC: (a) Find the candidate "eligible for provisional status" pending a final suitability determination, for purposes of becoming a provisional hire or maintaining provisional status;(b) Place the candidate in "pending" status awaiting the outcome of outstanding BRC components;(c) Issue a "suitable" final suitability determination; or(d) Issue a "not suitable" final suitability due to a mandatory disqualification, for failing to respond, providing false information, refusing to consent to the BRC process or after the candidate completes EEC's review process.(4)Family Child Care Candidates:(a) Family child care licensees may not obtain or renew a license until the licensee and any household members and those regularly on the premises have a final suitability determination of "suitable".(b) Family child care licensees and family child care assistants who have been found "not suitable" are not eligible to obtain, renew or retain a license.(c) Household members and persons regularly on the premises who have been found "not suitable" may prevent the family child care licensee from obtaining, renewing or retaining their license.(5)Group, Center-based, School Age, Residential or Placement Candidates:(a) Group, school age, residential and placement licensees may not obtain, renew or retain a license until the licensee or the BRC Program Administrators have been found "suitable".(b) If a group, center-based, school age, residential or placement licensee, employee, volunteer, or intern is found "suitable", the candidate is no longer in provisional status and may work in the EEC Program on a regular basis.(c) If a group, center-based, school age, residential or placement candidate is found "not suitable", the candidate may not work in the Program and should be removed immediately or within a timeframe determined by EEC.(6)Candidates Providing Services on Behalf of EEC Licensed, Approved or Funded Programs: (a) Candidates providing services in an unsupervised capacity for or on behalf of a Program or for any child attending the Program must obtain a final suitability determination from EEC.(b) If the candidate in 606 CMR 14.13(6)(a) is found "suitable", then the candidate is no longer in provisional status and may continue providing services in the EEC licensed, approved or funded program in a permanent status.(c) If the candidate in 606 CMR 14.13(6)(a) is found "not suitable", then the candidate may not provide services in or on behalf of the EEC licensed, approved or funded program and should be removed immediately or within a timeframe determined by EEC.(7) If at any time following a finding of suitability, EEC concludes that the candidate is "not suitable" or there is recently discovered disqualifying information, EEC will notify the candidate and may notify the licensee or Program of the candidate's change in BRC status.(8)Transfer of Suitability: EEC may share or transfer final suitability determinations for child care candidates between child care programs and residential and placement programs in accordance with 606 CMR 14.08. EEC will not transfer a final suitability determination for residential and placement candidates seeking to work in child care programs, but EEC may transfer the candidate's final suitability determination between different residential and placement programs.Amended by Mass Register Issue 1374, eff. 10/1/2018.Amended by Mass Register Issue 1398, eff. 5/16/2019.Amended by Mass Register Issue 1433, eff. 12/25/2020.