Definitions

Applicant for Employment. Any person seeking employment from DDS or a DDS vendor program, including current employees seeking new positions. Applicant for Licensure. Any person seeking a license from DDS for a facility offering residential or day services, or any other service licensed by DDS. (MA REG. # 1326, Dated 11-18-16) Candidate. Any person required by M.G.L. c. 19B, §§ 19 and 20 to submit to a scan of their fingerprints and undergo a fingerprint-based check of the state and national criminal history databases as a condition of employment, licensing, funding, or approval. Client. Any individual applying for or receiving DDS licensed, funded, or approved intellectual or developmental disability services from DDS or a DDS vendor agency or DDS licensed, funded, or approved program. Conditional Employee. A CORI-cleared employee who has the potential for unsupervised contact with Department clients, who is hired prior to obtaining the results of a fingerprint-based check of the state and national criminal history databases. For the purposes of 115 CMR 12.00, current employees hired prior to the requirement of a fingerprint-based check of the state and national criminal databases are not conditional employees. CORI Cleared Employee. Any candidate for hiring whose hiring authority has completed all requirements of 101 CMR 15.00: Criminal Offender Record Checks. Criminal Justice Official. Either a candidate's probation officer, parole officer, or correctional facility superintendent (or designee), depending upon whomever had the most recent responsibility for supervision of the candidate. Candidates last supervised in a correctional facility may advise the hiring authority of anyemployee of the correctional facility who may have specific information about the candidate that would assist the superintendent in his or her assessment process. DDS Criminal Background Check. A review by the Department of Developmental Services of the results of fingerprint-based checks of the state and national criminal history databases to determine suitability for employment, licensure, funding, or approval in position(s) and/or programs that entail the potential for unsupervised contact with clients. DDS Criminal Background Check Unit (CBCU). The designated unit within the Department of Developmental Services responsible for the review and evaluation of the results of fingerprint-based checks of state and national criminal history databases and the determination of suitability for employment, licensure, funding, or approval in position(s) and/or programs that entail the potential for unsupervised contact with clients. Department of Criminal Justice Information Services (DCJIS). An Executive Office of Public Safety and Security agency, DCJIS maintains and provides information from the Commonwealth's criminal information systems. Department of Early Education and Care (EEC). An agency within the Executive Office of Education established by M.G.L. c. 15D, § 2. Employee. An individual holding a full or part-time position, including state employees, contract employees, individual consultants or contractors, temporary employees, volunteers, trainees and students, apprentice, intern, transportation provider or subcontractor regardless of whether the individual receives compensation and the source of funding for the position. For the purposes of 115 CMR 12.00, a current client of a facility or program who provides services at that facility or program will not be considered an employee at that facility or program. EOHHS. The Executive Office of Health and Human Services. Fingerprint-based Check. A scan of a candidate's fingerprints submitted to the Massachusetts State Police and the Federal Bureau of Investigation for matching against state and national criminal history databases. The results of a fingerprint scan are then returned to the Massachusetts State Police and forwarded to DDS for consideration and review. Hiring Authority. The person or persons legally authorized or designated to make hiring decisions within an agency, department, office, program, or facility. Different persons may be authorized or designated as responsible for specific parts of the process in making a hiring decision. For the purposes of 115 CMR 12.00, the Hiring Authority may also be the individual or entity seeking licensure of a program or approval of a candidate as part of a licensing or approval determination not related to a hiring decision. No Record. The conclusion from a fingerprint-based check of the state and national criminal history databases that convictions or pending charges relating to the candidate have not been found. A finding of "no record" does not necessarily mean, however, that criminal information is not present in the state and national criminal history databases. Pending. A criminal matter is considered pending if the results from the state and national criminal history databases report indicates that the matter remains open and without final resolution, including that the case has been continued without a finding. Potential for Unsupervised Contact. Potential for contact with a client when no other CORI cleared employee or person who has been determined suitable following a fingerprint-based check of the state and national criminal history is present. A person having only the potential for incidental unsupervised contact with clients in commonly used areas such as elevators, hallways, waiting rooms, or other common living spaces will not be considered to have the potential for unsupervised contact for the purposes of 115 CMR 12.00. The term Commonly Used Areas does not include bathrooms or other isolated areas that are separated by sight and sound from other persons. Qualified Mental Health Professional. A psychiatrist licensed to practice medicine under M.G.L. c. 112, § 2, a psychologist licensed under M.G.L. c. 112, § 118 through 121, or an independent clinical social worker licensed under M.G.L. c. 112, § 130 through 132; provided that he or she has at least 1,000 hours of experience over a minimum of two years involving assessment, treatment, and consultation concerning individuals with behaviors that presents a risk of harm to others in the community, in the workplace, in treatment settings, or in correctional facilities; provided further that he or she has not provided treatment to the candidate. Regularly on the Premises. Usual or common presence in a location, surpassing access by invitation-only, in which the person has authorization to enter and remain in the location unmonitored on an ordinary basis. For the purposes of 115 CMR 12.00, family member or social contacts visiting with DDS clients at a location where they receive supports are not considered to be regularly on the premises. Transportation Providers. Any person who provides transportation services to DDS clients on behalf of any DDS licensed, funded, or approved program, whether employed directly by or subcontracted with the licensed, funded, or approved program. Vendor. An individual, agency or other legal entity licensed, approved or funded by DDS that has day-to-day responsibility for the operation of services or supports or facilities regulated by the Department. Volunteer. Any person who works in an unpaid capacity on a regular basis for a DDS licensed, funded, and/or approved program. For the purposes of 115 CMR 12.00, a current client of a facility or program who provides unpaid services at that facility or program will not be considered a volunteer at that facility or program.