Audit of the Department of Early Education and Care (EEC)
May 5, 2020 · Department of Early Education and Care · Read the full official report on mass.gov ↗
source
“EEC did not always review or initiate investigations of reports of suspected abuse and neglect of children in its licensed programs.”
Read the plain-English breakdown
This is a Massachusetts State Auditor performance audit of the Department of Early Education and Care, covering July 1, 2016 through June 30, 2018.
“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2016 through June 30, 2018.”
Auditors checked whether EEC was properly visiting licensed group care programs, making sure problems were fixed, investigating reported abuse or neglect, and ensuring required employee background checks were done.
“In this performance audit, we assessed whether EEC conducted all licensed group care program site visits in accordance with its policies and procedures, ensured that corrective actions for noncompliance identified during group care program inspections were implemented, investigated all reported instances of child abuse or neglect in the residential programs1 it licensed, and ensured that all required background record checks (BRCs) were performed for group care program employees.”
If reports are not tracked and investigated properly, the state may miss warning signs that children in licensed programs are unsafe.
“Without a record of receiving and/or investigating 51A reports, EEC cannot determine whether children are at risk or ensure that programs comply with the health and safety standards in Section 3 of Title 606 of the Code of Massachusetts Regulations (CMR).”
This matters to families and taxpayers because EEC oversees programs that affect thousands of children every day.
“It supports an average of 55,000 children daily.”
The audit found repeated gaps in oversight: missed or untracked abuse reports, incomplete background checks, late licensing visits, and late investigations.
“EEC did not always complete its licensed group care program investigations by established due dates.”
The auditor recommended stronger controls, better coordination with DCF, completed background checks, timely licensing visits, and a formal investigation timeline.
“EEC should work with DCF to establish adequate internal controls over the 51A reporting and investigation process.”
The audit points to child-safety risks in state oversight of licensed residential programs, especially when checks and investigations are delayed or incomplete.
“When required BRCs are not completed in accordance with regulations, EEC cannot ensure that employees are appropriate to serve in their roles.”
A BRC is a background record check; in this report, it includes criminal history, sex offender registry, DCF, and fingerprint-based checks.
“A BRC shall consist of, at a minimum, a Massachusetts Criminal Offender Record Information (CORI) check; a DCF Background Record Check; a SORI check and a fingerprint-based check of state and national criminal history databases.”
What the Auditor checked
- Did not comply Did EEC conduct all group care program licensing site visits in accordance with its policies and procedures?
- Complied Did EEC ensure that corrective actions for noncompliance identified during its group care program inspections were implemented in accordance with Section 1 of Title 102 of the Code of Massachusetts Regulations (CMR)?
- Did not comply Did EEC investigate all reported instances of abuse or neglect in its residential programs in accordance with 606 CMR 3 and Section 9 of Chapter 15D of the General Laws, as well as other applicable EEC requirements?
- Did not comply Did EEC ensure that all required background record checks (BRCs) were performed for group care program employees involved in unsupervised contact with children in accordance with 606 CMR 14?
What the Auditor found
Why it matters: EEC may not identify risks to children or ensure licensed programs comply with health and safety standards.
Standard: 606 CMR 3.04(5)(c) and Section 9 of Chapter 15D of the Massachusetts General Laws ( 606 CMR 3.04(5)(c); Section 9 of Chapter 15D of the Massachusetts General Laws )
1 recommendation
- EEC should work with DCF to establish adequate internal controls over the 51A reporting and investigation process.
Agency response & Auditor reply
Agency: "EEC and DCF continue to enhance coordination across our two systems of tracking investigations by refining operating procedures and designing new technology solutions."
Auditor: "EEC did not provide any documentation to substantiate the results of its analysis of the 55 51A reports we describe as not received, reviewed, or investigated."
Why it matters: EEC cannot ensure employees are appropriate for their roles, potentially jeopardizing the health and safety of group care program residents.
Standard: 606 CMR 14.02 and 606 CMR 14.10(5) ( 606 CMR 14.02; 606 CMR 14.10(5) )
2 recommendations
- EEC should develop and implement policies, procedures, effective monitoring, and periodic evaluations of internal controls to ensure that employees have BRCs.agency: already implemented
- EEC should ensure that all current employees receive any portion of the BRC that has not been conducted.agency: already implemented
Agency response & Auditor reply
Agency: "EEC’s review ensured that all employees completed the process, although many of the employees had terminated their employment with the providers prior to completion of the Background Record Check."
Auditor: "EEC did not provide any documentation to substantiate that these BRCs were conducted."
Why it matters: Late licensing visits can delay identification and correction of problems affecting safe and healthy program operations.
Standard: EEC Differential Licensing Handbook requirements for scheduled licensing and monitoring visits ( 606 CMR 3.03 )
2 recommendations
- EEC should phase its group care programs in to its new model as soon as possible.
- EEC should meet its deadlines for licensing visits.
Agency response & Auditor reply
Agency: "EEC continues to align the data tracking [in] the LEAD system through additional technical enhancements in LEAD to account for this practice."
Auditor: "During our audit period, EEC did not consistently complete group care program licensing visits within required timeframes; this could result in delays in addressing any problems."
Why it matters: Prolonged investigations can create financial and administrative burdens for programs and delay resolution of safety-related issues.
Standard: EEC informal investigation due-date process in LEAD
1 recommendation
- EEC should implement a formal policy that documents a timeline for investigations and should communicate that timeline to all stakeholders involved.
Agency response & Auditor reply
Agency: "EEC establishes internal investigation deadlines and works to efficiently execute investigations within the Department’s authority."
Auditor: "Although we acknowledge that there are circumstances outside EEC’s control that could affect how quickly an investigation can be completed, we believe that better controls over this process, such as a policy that establishes specific timelines and accountability for completing investigations, will allow EEC to manage this process more effectively."
More audits of this entity
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- Audit of the Department of Early Education and Care (November 25, 2024)State Agency / Office · November 25, 2024
- Department of Early Education and CareState Agency / Office · November 25, 2014
- Department of Early Education and CareState Agency / Office · May 8, 2012
- Department of Early Education and CareState Agency / Office · May 12, 2011
- Department of Early Education and CareState Agency / Office · March 27, 2013
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Audit of Settlement Agreements and Confidentiality Clauses Across Multiple State Agencies - Department of Early Education and Care (January 28, 2025)State Agency / Office · January 28, 2025