105 CMR 430.090
Background Information
(A) The operator shall develop and follow written procedures for the review of the background
of each staff person and volunteer.
(B)
Each staff person and volunteer shall have a background free of conduct that bears
adversely upon his or her ability to provide for the safety and well-being of the campers. The
operator shall determine whether each staff person’s and volunteer’s conduct, criminal or
otherwise, shall disqualify that person from employment or service at the camp. In making this
determination, the operator shall consider at a minimum information required under 105 CMR
430.090(C) and (D).
(C) At a minimum the operator shall require for each camping season the following with regard
to each staff person:
(1) Prior work history, including name, address and phone number of a contact person at
each place of employment for the previous five years, and
(2)
Three positive reference checks from individuals not related to the staff person
including, but not limited to, previous employers or school administrators. Returning staff
persons may use prior references on record with the camp provided if there is a gap in
employment with the camp for one or more camp seasons, new references shall be required.
(3) Inquiry by the operator into each staff person’s prior criminal history. Such inquiry shall
include, at a minimum, a criminal history inquiry as indicated:
(a)
The operator shall obtain a sex offender registry information check from the
Massachusetts Sex Offenders Registry Board for all prospective staff. International staff
entering the country pursuant to a visa and who have not previously been in the United
States are exempt.
(b) In accordance with M.G.L. c. 6, § 172G, operators shall obtain a CORI/Juvenile
Report from the Department of Criminal Justice Information Services for all prospective
staff.
(c) For prospective staff whose permanent residence is not Massachusetts (out of state
and international), the operator, where practicable, shall also obtain from the applicant’s
state criminal information system, local chief of police, or other local authority with
access to relevant information, a criminal record check or its nationally recognized
equivalent (e.g., biometric data).
(d)
If there is no interruption in the staff person’s employment by the camp or
organization operating the camp from the time of the initial background check, a new
criminal or sex offender history is required at a minimum every three years. This applies
only to permanent employees of the same camp or organization operating the camp. Any
break in employment service requires a new criminal history and sex offender inquiry for
the staff person.
(D) At a minimum, the operator shall require for each camping season the following with regard
to each volunteer:
(1) Prior work or volunteer history, including name, address and phone number of a contact
person at each place of employment or volunteer service for the previous five years.
(2)
A sex offender registry information check from the Massachusetts Sex Offenders
Registry Board.
(3) In accordance with M.G.L. c. 6, § 172G, operators shall obtain a CORI/Juvenile Report
from the Department of Criminal Justice Information Services.
(E) The operator shall maintain written documentation verifying the background and character
of each staff person and volunteer for three years, or as required by M.G.L. c. 149, § 52C, if
applicable.
(F) No person shall be employed or allowed to volunteer at a recreational camp for children
until such time as the operator is in receipt of, reviews and makes a determination with regard
to all background information required pursuant to 105 CMR 430.090(C) and (D).