Testimony
presented to:
Joint Committee on Children and Families, Massachusetts State
Legislature
Date: November 1, 2005
Subject: H2858, An Act to Require National Background Checks -
Legislation initiated by The Arc of Massachusetts
VERBAL TESTIMONY
Provided by John Thomas, Deputy Director, The Arc of Massachusetts
Thank
you for the opportunity to address the Committee this morning. My name is John Thomas and I am the Deputy
Director of The Arc of Massachusetts.
Before
I begin, I’d like to take a moment to thank the committee for offering us the
opportunity to speak first. Many people
have expended a great deal of effort traveling here for the opportunity to
testify, and we are all most grateful that you are able to acknowledge that
effort by offering a degree of accommodation.
We
have invited a number of individuals representing various interests to speak in
support of Rep. Walsh’s bill (H2858). Many have personal stories of great relevance to share. I will keep my comments brief to allow these
people sufficient time to offer their testimony.
As you may know,
applicants seeking employment to work with people served by the Massachusetts
Department of Mental Retardation (DMR) must submit to a Criminal Offender
Records Information (CORI) cross reference. The Arc and many disability advocates have long been cognizant of the shortcomings of the existing CORI
system.
We are concerned that CORI
checks extend only to criminal history within the Massachusetts border. We are concerned about a system that lacks
necessary funds or capacity to provide for vigorous and timely background
checks. With so much attention and effort given to security concerns around the
country, the time is ripe for utilizing the latest technology to provide effective
national background checks of those who serve our most vulnerable residents.
We urge the Committee to
offer a favorable recommendation of H2858, An Act to Require National
Background Checks, filed by Rep. Martin Walsh, a bill that we believe will
provide a more robust and effective means of ensuring the health and safety of
individuals served by DMR, by requiring national criminal background checks.
In February 2005, the Massachusetts
Inspector General conducted an investigation and issued recommendations
regarding the screening of human service workers. These recommendations cited the previously
filed version of H2858 as a model public policy initiative.
We look forward to working
with you and stand ready to offer any assistance you may require to implement this
important legislation.
WRITTEN TESTIMONY
Submitted by Leo V. Sarkissian, Executive Director, The Arc of Massachusetts
November 1, 2005
Joint Committee on Children and Families
State
House
Boston, MA02133
To
Members of the Committee:
As you may know,
applicants seeking employment to work with people served by the Massachusetts
Department of Mental Retardation must submit to a Criminal Offender Records Information (CORI)
cross reference. The Arc and many
disability advocates have long been cognizant of the shortcomings in the
existing CORI system.
We are concerned that CORI
checks extend only to criminal history within the Massachusetts border. We
are concerned about a system that lacks
necessary funds or capacity to provide for vigorous and timely
background
checks. With so much attention and effort given to security concerns
around the
country, the time is ripe for utilizing the latest technology to ensure
effective national background checks of those who serve our most
vulnerable
residents.
The Massachusetts
Inspector General recently conducted an investigation and issued
recommendations regarding the screening of human service workers. We hope this
renewed scrutiny will encourage Massachusetts
lawmakers to pass the bill entitled An Act to Require National Background Checks,
filed by Rep. Martin Walsh.
This bill would direct
employers to conduct a national check of candidates who apply for positions to
work with individuals with disabilities. Criminal background verification would
be determined by cross-referencing data with the National Instant Criminal
Background Check System (NICS).
This legislation was cited
in the IG’s report as a model public policy initiative. The bill did not receive
a hearing during the last Legislative Session. We are hopeful that the IG’s
spotlight may help produce a more favorable outcome this year.
Sincerely,
Leo V. Sarkissian
Executive Director
The Arc of Massachusetts