June 3, 2025
Recently, Massachusetts Senate Minority Leader Bruce Tarr and Assistant Minority Leader Peter Durant will file a draft of proposed amendments to background checks.
This draft specifically requires the Department of Early Education and Care (EEC) to check international criminal databases when conducting background checks, whenever feasible. It also mandates licensees to submit all information to the EEC for a unified source for background screening purposes. Lawmakers drafted this proposal shortly after an incident involving a man who had been residing at his wife’s daycare facility despite his criminal history.
According to authorities, this man had a warrant in Brazil after courts convicted him of raping a 13-year-old girl. Federal authorities eventually found him in Hyannis, MA, in October. Furthermore, State Senator Tarr reviewed the recent reports about the incident and expressed concern about the state not “doing an appropriate job of monitoring who is in these facilities into which the care for our children is being entrusted.”
The reports revealed that current vetting processes for the daycare operator would not have flagged the man’s criminal history in Brazil. In fact, following procedure by registering the man as a household member and running a background screening would have missed this international criminal record. As a result, the daycare facility has closed as efforts to improve background check requirements move forward.
After commenting on the insufficient monitoring of who works or resides in childcare facilities, Senator Tarr emphasized the importance of improving background checks. He also urged increased penalties for those providing false information to the EEC. The acting director of U.S. Immigration and Customs Enforcement (ICE) also shared concerns about the issue. According to the director, the inadequate vetting process for the daycare facility operator and her husband’s evasion of federal authorities is due to state-level failures. An EEC agency spokesman explained that the agency follows federal and state regulations. However, the spokesman added that current laws do not require the EEC to screen for international criminal history during background checks.
It remains uncertain whether the proposed amendment will pass and whether the governor will sign it into law. Regardless, this incident has led to a significant call for improved background check procedures in the state. Should it pass, it could prevent incidents in childcare facilities similar to the one discussed by Senator Tarr.
Regardless of the law’s fate, employers should ensure that their background check processes comply with state and federal laws. Reviewing and adjusting screening practices periodically can improve the safety of staff, customers, and the company’s reputation. The most effective way to ensure thorough background checks is to collaborate with an experienced background check provider.
Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.