6.19.2.1 MACHS Access
Once the FBI has completed the national criminal record check, the FBI will forward the results to the MSHP, who will post the results of both the state and the national criminal records on the MACHS website. Only specified Division personnel are granted access to the criminal records check results posted on the MACHS website. In order to have access to criminal history through MACHS, such personnel must first complete the CJIS Security Awareness training provided online by MSHP. Circuit Managers are Local Security Agency Officers (LASOs) and have access to criminal records check results for applicants and household members residing in their circuits. Each circuit designates an Originating Case Agency (OCA) Administrator (usually a licensing supervisor) and an OCA Read Only staff member (possibly a resource licensing worker) who can also access criminal records check results for applicants and household members who reside in the circuit.
Once a Division employee no longer requires access to MACHS, such employee must be removed from accessing MACHS immediately. The Circuit Manager is responsible for informing the Resource Licensing Program Development (PDS) Specialist in Central Office when an employee in the Circuit Manager’s circuit no longer requires access to MACHS.
6.19.2.2. Reviewing Criminal Checks
After the MSHP posts the state and national criminal records check results on MACHS, one of the OCA Administrators or OCA Read Only staff will review a report of the criminal records check results in MACHS. They will then communicate to the appropriate resource licensing worker whether or not the applicant is eligible for licensure or approval.
With the exception of prints requested (a) by a court, or (b) by administrative action or (c) by an applicant or through a CD-244, CD staff with access to MACHS should not print out criminal record check reports from MACHS. A digital copy of the report will remain accessible for viewing in MACHS. A clearance letter should be kept in the file stating whether the applicant meets eligibility for licensure.
CD staff may print out criminal check reports to respond to a request by an applicant for the applicant’s criminal history background check results based on personal or challenge reasons. The applicant must request the results in writing using the prescribed CD-244 form. The applicant must pick up the results in person and provide photo identification in order to be provided with the results. The circuit must keep a log of every CD-244 request. If the local office is not able to locate the fingerprint results, the local office should contact the Resource Licensing Program Development Specialist in the Central Office.
CD staff will not provide criminal check reports to private entities, but will convey one of the two following responses to a request by a contractor for criminal check information to be used in conjunction with a home assessment:
- The report is clear; proceed with the assessment, or
- The report contains an offense that automatically disqualifies the applicant.
6.19.2.3. Effect of Criminal History On Licensure
Except for certain felonies specified below, the fact that an applicant has criminal or child abuse and neglect history does not automatically preclude licensure. Staff should determine the relevance of the applicant’s criminal history to the applicant’s prospective child caring responsibilities and should seek approval from supervisors.
Automatically Disqualifying Felony Convictions
Staff may not approve the application of any applicant for whom a record check reveals that the applicant pled guilty or was found guilty of a felony offense for child abuse or neglect, spousal abuse, a crime against children (including child pornography), or a crime involving violence, including rape, sexual assault, or homicide but not including other physical assault or battery as determined by a court of competent jurisdiction.
Staff may also not approve the application of any person who has a felony conviction for physical assault, battery, or a drug related offense (including alcohol-related offense) within the past five years.
A suspended imposition of sentence (SIS) is not considered a conviction
Exception to Automatically Disqualifying Felonies
In the unlikely event it is determined the best interest of a child would be served by placement in a home with household members who have automatically disqualifying felonies, and a court of law has been made aware of the criminal history and has ordered the child placed in the home, written approval must be obtained through supervisory lines to the Regional Director. The Regional Director must review the request and, if in agreement, forward with their recommendation to the Deputy Director, or their Designee, for Children’s Division for final consideration. Written requests should include a thorough description of the applicant’s situation and why it is in the child’s best interest to license the home. If approved by the Deputy Director, or their Designee, IV-E funding may not be used and the worker will be responsible for notifying the Eligibility Specialist who will ensure that state only funds are used.
6.19.2.4 RAP Back
Rap Back is a service of the MSHP that provides updated criminal history information on applicants registered in MACHS in real-time as the arrests are reported to the MSHP’s central repository.
If a resource provider or household member is arrested after having registered in MACHS and completed the fingerprinting process, the MSHP will email the OCA Administrator and the OCA Read Only staff of the circuit in which the resource provider is registered to inform them that an arrest has occurred.
Within 24 business hours of receiving the email notification from MSHP, the OCA Administrator will access MACHS and select “click to request” the report. Only the OCA Administrator is provided access in MACHS to request the report. Once the report is uploaded, the OCA Administrator or the OCA Read Only staff may access the Rap Back report online. It may take more than 24 hours for the report to download. If the OCA Administrator does not download the report within 30 days of the MSHP email alert, the MSHP will automatically unsubscribe the applicant or household member from Rap Back, and the applicant or household member will have to be fingerprinted again to be eligible for Rap Back.
The OCA Administrator or the OCA Read Only staff shall review the Rap Back report to see if the Division should take further licensing action. Within 24 hours of viewing the report, the OCA Administrator or OCA Read Only staff shall notify the resource licensing worker assigned to the applicant or household member of the arrest. If the applicant or household member are no longer residing in the circuit that receives notice from the MSHP of the arrest, then the OCA Administrator or Read Only staff must inform the resource licensing worker from the circuit in which the applicant or household member presently resides.
Within 24 hours of being notified of the arrest, the resource licensing worker assigned to the individual identified in the Rap Back report will interview the individual concerning the arrest and assess the situation. After interviewing the arrested individual, the resource licensing worker will immediately contact the worker’s supervisor to report the arrest and information obtained through the interview so that a determination may be made regarding whether further action is needed, such as placing the home on administrative hold to determine if there are grounds for adverse action. The licensing worker and supervisor should consult the Case Manager, Supervisor and Circuit Manager as needed in making this determination. In addition, the licensing worker and supervisor should notify all Case Manager’s of children in the home.
When a resource home license or approval is closed, the OCA Administrator must immediately unsubscribe the applicant or household member from the Rap Back program. To unsubscribe a person from Rap Back, the OCA Administrator should log into MACHS, select “View Results of Submissions,” and search by the licensee’s last name or SSN. The OCA Administrator should then select the licensee’s name and select “Opt Out Fed/State.”
The OCA Administrator must also unsubscribe household members from the Rap Back program if they cease to be members of the household. Resource providers are required by regulation to notify the Division of any change in household composition at least two weeks prior to such change. When a household member age 17 and older permanently moves away from the home, the OCA Administrator must immediately unsubscribe the household member from the Rap Back program. Failure to remove a person who is no longer a placement provider or adult household member from the Rap Back program is a compliance error with the MSHP. Each person who is unsubscribed from the Rap Back program will have to be fingerprinted again if such person reapplies to become a resource provider or becomes a household member to an approved or licensed resource provider.
Resource Home Renewals
After being initially approved or licensed by the Division, resource providers and their adult household members are not required to be fingerprinted a second time in order for their approval or license to be renewed. At the time of renewal, the OCA Administrator or the OCA Read Only will access MACHS to determine if any Rap Back reports were received on the licensee or household member since the last approval or renewal. The OCA Administrator or OCA Read Only staff will communicate the existence and nature of any such Rap Back reports to the resource licensing worker.
If no Rap Back reports were received on the resource provider or household member, the licensing resource worker should go to the background check screen in FACES and select the finding/conclusion result, “Results meet eligibility requirements.” On the same screen, the worker should enter the same date for the fingerprint results that the worker entered for the Family Care Safety Registry (FCSR) check result.
If Rap Back reports were received on the resource provider or household member, and the reports contain information that would exclude the resource provider from licensure or approval eligibility, the resource licensing worker should select the finding/conclusion result, “Results do not meet eligibility requirements.” The worker should document the dates that the Rap Back reports were received in the comments box. On the same screen, the worker should enter the same date for the fingerprint results that the worker entered for the Family Care Safety Registry (FCSR) check result.
If Rap Back reports were received on the resource provider or household member, but the reports do not include exclusionary information for licensure eligibility, the resource licensing worker should select the finding/conclusion result, “Results require further review to determine if applicant is precluded from licensure”. The worker should document the dates that the Rap Back reports were received in the comments box. On the same screen, the worker should enter the same date for the fingerprint results that the worker entered for the Family Care Safety Registry (FCSR) check result.
Chapter Memoranda History (prior to 01/31/07):
CD04-05, CD04-63, CD04-79, CD04-96, CD05-76
Memoranda History (After 01/31/07):
CD07-36, CD07-54, CD07-59, CD08-55, CD10-65, CD12-62, CD14-27, CD14-64, CD15-48, CD16-18, CD16-45, CD18-27, CD19-36