Human Services Jobs and Your CORI

What is CORI? CORI refers to Criminal Offender Record Information. It is a person's criminal history.

What are the CORI employment rules? The Executive Office of Human Services (EOHHS)and the 11 human services agencies within EOHHS have rules (also called regulations) that limit the hiring of people with CORI. EOHHS, DPH, DTA and some of the other agencies changed their CORI rules in July and August of 2002. Department of Public Health (DPH) rules are available at www.state.ma.us/dph. Other agency rules are similar.

Here's a summary of how the rules now work:

• CORI hiring rules apply to candidates for a position as an employee, a regular trainee, or a regular volunteer with a potential for unsupervised contact with a human services client.
• All candidates must still agree to a CORI check. Candidates being considered for a position - whose CORI shows a criminal history- will be asked by the provider for more information on the nature of the crime, how much time since the conviction, number of other offenses, the age of the candidate at the time of the office, and other information that will help the provider decide if it can offer the job.
• Human services providers have the discretion to offer the job unless the candidate's crime falls on a special lifetime bar list of offenses (see below). There is no longer a “5-year bar” or “10- year bar”on hiring candidates. These bars were eliminated. 
• Under the new rules, providers are required to document the hiring and submit this documentation to the funding agency. If the crime is on the lifetime bar list or another list of serious crimes, the provider must wait 5 business days before hiring. If the agency disagrees with the hire, it has 5 days to veto it. For less serious crimes,the provider does not have to wait before hiring but it must send the documentation to the agency. NOTE: Some providers report that the documentation requirement for less serious crimes is burdensome. We may be able to help streamline this process.
• Exemption from the waiting period: Providers that do not serve children under 16 and do not primarily serve people 65 and older may get an exemption from the 5-day waiting period for people on the serious crimes list but not for people on the lifetime bar list. The agency may have a form for seeking an exemption.

What about candidates with crimes on the “lifetime bar” list? Candidates with a CORI subject to the lifetime bar may still be able to work for a provider who wishes to hire them. The rules allow two ways to get past the bar:

1. Criminal justice certification
   A person can overcome a lifetime bar if the criminal justice official with most recent responsibility (prison superintendent or designee, probation officer or parole officer) states in writing that “the candidate is appropriate to the position sought and does not pose an unacceptable risk to program clients.” Criminal justice officials are generally not permitted to make any statements in writing about future conduct, so this option may not be realistic. Please report to MLRI problems with this option.
2. Mental health certification
   A person can overcome a lifetime bar with a mental health assessment stating that “the candidate is appropriate within the position sought and does not pose an unacceptable risk to client.” The mental health assessment may be done by a psychiatrist, psychologist or licensed independent clinical social worker with at least 1,000 hours over two years working with persons whose behavior presents a risk of harm to others. The mental health professional may work for the employer (this is a positive change from the old rules). If the candidate is unable to obtain a criminal justice official certification, then he or she may request a mental health assessment. The employer is supposed to pay for the assessment.
   
   Employers who do not have a mental health professional on staff may not be able or willing to pay for the assessment. It may be hard to identify mental health professionals with the right credentials. Please report to MLRI problems with this option.

Are these regulations legal? The current regulations, adopted in response to a lawsuit, are better than previous EOHHS policy that imposed absolute 5, 10, and lifetime bars, with no way to get past the bar. The case also held that people must have a “fair opportunity” to show that they do not pose a risk. If the agency rules do not give job candidates a fair opportunity to show they do not pose a danger to clients, they are NOT legal.

These rules will change in the spring or summer of 2008, since Governor Patrick has issued an executive order which directs the EOHHS agencies to change their hiring rules. 

If a provider would like to hire you, but thinks it can't because of the CORI rules, call the Massachusettts Law Reform Institute at 617-357-0700, extension 343.