BOSTON — As the Department of Developmental Services implements a new fingerprint background check, representatives of those who work with disabled individuals expressed concern about the cost of the check and the ability to challenge findings.
A 2014 law required the fingerprint background check in addition to the existing state criminal-offender check for those who work with the often-vulnerable developmentally disabled population.
Before she was elected to the state Senate, Barbara L’Italien, whose district includes Dracut and Tewksbury, testified in favor of the bill, arguing the in-state criminal background check did not go far enough and saying a fingerprint check against a national database was necessary.
The law established a fee of up to $45 for the fingerprint check, though Jon Grossman, an SEIU Local 509 official, said there is some question over when that cost would be borne by the employer.
“We’re talking about people who aren’t even making 15 dollars an hours and now they’ve got to pay 45 bucks to keep their job,” Grossman told Department of Developmental Services officials at a hearing on draft regulations to implement the program.
Saying it’s possible the union could represent individuals appealing the department’s ruling, Grossman said, “If you committed a crime a long time ago under certain circumstances, there may be a reason to keep working.”
Grossman, who represents about 2,500 employees of vendors providing developmental services, also requested a requirement that employees are notified of the reason why they are deemed unsuitable after a fingerprint check and an opportunity to appeal the ruling in person.
“I fear they will require it in writing, and the average person who works in this field may not be that articulate that they’ll be able to give a good, clear explanation that fits the criteria under which the state is allowed to continue someone’s employment,” he said.
Stan Taraska, a chapter president who represents about 850 state employees, including 200 residential supervisors, questioned what positions would be subject to the new requirement – which would apply to job applicants as well as eventually current employees.
Marty Berliner, the CEO for department vendor Growthways and a board member of the Association of Developmental Disabilities Providers, asked for the final regulation to account for the use of electronic records.
Mike Mullen, of the Massachusetts Association of Approved Private Schools, expressed concern that the Department of Development Services fingerprint requirement would be “duplicative” in some cases.
