Seal of the Commonwealth of Massachusetts
Massachusetts Audit Explorer - what the State Auditor found

← all audits

Department of Early Education and Care

March 27, 2013 · Read the full official report (PDF) ↗

Published March 27, 2013 Audit covers July 1, 2010 – September 30, 2011 Under Suzanne M. Bump · 2011–2023

In plain English
The audit found weaknesses in how Massachusetts oversaw licensed child care providers, especially background checks, inspection follow-up, unannounced visits, child records, well-water documentation, and outdated internal policies.
source
“This performance audit evaluates certain administrative activities conducted by EEC, including those related to its oversight of child care providers during the 15-month period July 1, 2010 through September 30, 2011.”
Read the plain-English breakdown
What is this?

This is a state audit of the Department of Early Education and Care, the agency that licenses and oversees child care programs in Massachusetts.

“The Department of Early Education and Care (EEC) is the lead agency of the Commonwealth for administering and providing early education and care programs and services to children and is responsible for the licensure or approval of several different kinds of care, including: child care centers, school-aged child care programs, Family Child Care (FCC) homes, family foster care which is not supervised and approved by a placement agency, placement agencies, group care facilities and temporary shelter facilities.”
Why was it audited?

Auditors reviewed whether EEC was properly inspecting child care providers and making sure providers followed rules meant to protect children.

“The objectives of our audit were to review and evaluate certain administrative activities of EEC relative to its licensing and inspection of Large Group and School Age Child Care (Group child care) programs and Family Child Care (FCC) homes to determine whether EEC: (1) was conducting all of its required inspectional activities and had established adequate internal controls over such activities and (2) was ensuring that licensed child care providers were complying with EEC regulations, including requesting required background checks, implementing corrective measures to address in a timely manner any program deficiencies identified by EEC during its site inspections, and maintaining required staff and child records and submitting required reports to EEC.”
Why it matters

These rules matter because they are supposed to help keep children safe, healthy, and away from adults who may pose a risk.

“It is therefore essential that EEC maintain effective controls that not only serve to ensure that individuals who provide child care services within the Commonwealth do so in a safe and clean environment but also employ staff who pose no threat to the health and safety of the children in these programs.”
What's in it for me?

If you are a parent or caregiver, this audit points to safeguards you would expect: completed background checks, follow-up when violations are found, accurate child records, and safe water at child care sites.

“Children’s Record Checklists specify such information as emergency contacts, authorized pickup person(s), transportation plans, progress reports, lead screening results, and health care and immunization information that providers must maintain for each child.”
The bottom line

The auditor found that EEC generally had controls in place for the areas tested, but several important exceptions needed fixing.

“Based on our audit we have determined that, except as reported in the Audit Findings section of this report, for the period July 1, 2010 through September 30, 2011, EEC had adequate internal controls in place and was in compliance with applicable laws, rules, and regulations for the areas tested.”
What happens next

The auditor recommended stronger monitoring, better documentation, timely follow-up, unannounced inspections where required, clearer forms, updated policies, and possible address checks against the sex offender registry.

“EEC should put in place proper monitoring controls and evaluation procedures to ensure that criminal background record checks are performed prior to and during an individual’s employment.”
Jargon, unpacked

CORI means a criminal background check; FCC means family child care in a home; a corrective action plan means the provider’s written plan to fix a violation found during an inspection.

“Group child care license applicants, employees, and volunteers who have access to children are to undergo criminal background checks during the initial hiring process and after every subsequent three years of employment.”

What the Auditor checked

What the Auditor found

EEC lacked adequate documentation showing required CORI checks were performed for staff at licensed child care providers.
public safetyrecordkeeping/documentationinternal controlslicensing/inspections

Why it matters: Without adequate controls, EEC cannot effectively ensure that staff working for licensed child care providers are eligible and do not pose a risk to children.

Standard: 606 CMR 14.10 and 606 CMR 14.05 require criminal background checks for certain child care provider staff and applicants. ( 606 CMR 14.10; 606 CMR 14.05; 606 CMR 7.04(18)(c) )

3 recommendations
  • Establish effective monitoring and evaluation procedures to ensure required criminal background record checks are performed before and during employment.agency: already implemented
  • Ensure Staff Records Checklists accurately reflect all staff members’ criminal background check status.agency: already implemented
  • Formalize a policy to review all Group child care staff personnel files for required CORI checks.agency: already implemented
Agency response & Auditor reply
Agency: "As a result of OSA’s finding, EEC has changed the Staff Records Checklist Instructions, requiring that the program indicate the date(s) of the most recently conducted CORI and DCF review for each staff member."
Auditor: "However, based on its response, the actions taken by EEC in this area should serve to help it ensure that required background record checks are performed and are up-to-date, and that all staff members working for its licensed child care providers are eligible to work in these positions."
EEC did not effectively ensure child care providers corrected inspection violations on time.
licensing/inspectionsinternal controlspublic safetyrecordkeeping/documentation

Why it matters: Providers could continue operating in violation of requirements intended to protect children’s health and safety.

Standard: EEC Group and School Age Child Care Licensing Procedure required programs to submit a correction plan within two weeks. ( EEC Group and School Age Child Care Licensing Procedure, dated April 10, 2006 )

2 recommendations
  • Establish and implement internal controls to ensure providers implement timely corrective action and document actions on Statements of Noncompliance.agency: already implemented
  • Perform timely reviews of provider corrective actions to ensure deficiencies are effectively addressed.agency: already implemented
Agency response & Auditor reply
Agency: "New internal controls for this family child care licensing unit were implemented, including developing a database to track each noncompliance that allows the Regional Director and the Family Child Care Supervisor to determine that corrective action plans have been received in the appropriate time frame."
EEC did not perform routine unannounced inspections for large family child care homes.
licensing/inspectionspublic safetyinternal controls

Why it matters: The lack of routine unannounced inspections reduced oversight of homes where deficiencies could put children’s health and safety at risk.

Standard: Chapter 15D, Section 9(b), of the Massachusetts General Laws requires unannounced monitoring inspections for all large family day care homes. ( Chapter 15D, Section 9(b), of the General Laws )

1 recommendation
  • Ensure EEC complies with statutory requirements for unannounced inspections of large FCC homes.agency: already implemented
Agency response & Auditor reply
Agency: "In response to OSA’s finding, EEC has changed its policy to comply with the statute."
Child care providers did not properly complete Children’s Record Checklists.
recordkeeping/documentationlicensing/inspectionspublic safetyinternal controls

Why it matters: Incomplete child records could impair providers’ ability to plan for, prevent, and respond to situations affecting children’s health and safety.

Standard: 606 CMR 7.04(7) requires licensees to maintain individual written records for each child. ( 606 CMR 7.04(7) )

1 recommendation
  • Ensure Children’s Record Checklists accurately reflect the status of all children’s records and cite blanks or missing information as noncompliance.agency: already implemented
Agency response & Auditor reply
Agency: "Since OSA’s audit, EEC has standardized its administrative procedures."
EEC’s licensing process did not ensure required well water inspection reports were obtained.
licensing/inspectionspublic safetyrecordkeeping/documentationinternal controls

Why it matters: Untested private well water could be harmful to children if used for drinking, washing, or cooking.

Standard: 606 CMR 7.07 requires evidence that private wells or water sources have been inspected and approved within one year of licensure. ( 606 CMR 7.07; 102 CMR 8.07(10) )

2 recommendations
  • Revise child care provider license applications and renewal forms to ensure private well water is properly approved, reports are submitted, and reports are retained.agency: agreed
  • Ensure licensors in all regional offices are alerted to and trained on well water inspection requirement changes.agency: agreed
Agency response & Auditor reply
Agency: "EEC has accepted this recommendation and revised its small group, large group and school age care application and renewal to address well water."
EEC’s Internal Control Plan, regulations, and policies contained outdated references and needed updating.
internal controlsrecordkeeping/documentationlicensing/inspections

Why it matters: Outdated references increase the risk of noncompliance and may hinder the public’s and providers’ ability to obtain accurate child care information.

Standard: Chapter 647 of the Acts of 1989 and Office of the State Comptroller guidance require internal control plans to be reviewed and updated at least annually. ( Chapter 647 of the Acts of 1989; 102 CMR 7.00; 606 CMR 7.00 )

1 recommendation
  • Develop an Internal Control Plan compliant with Chapter 647 and OSC guidelines.agency: already implemented
Agency response & Auditor reply
Agency: "In response to OSA’s recommendations, EEC has undertaken a review of its Internal Control Plans for FY2011 and FY2012."

More audits of this entity

Other Office of the State Auditor reports on Department of Early Education and Care .

See this entity's page with all 7 audits →