25 Investigates has obtained a list of the most serious criminal charges home daycare providers had in their records when they were licensed by the state of Massachusetts.
Investigative Reporter Ted Daniel requested the list last spring after discovering that the Massachusetts Department of Early Education and Care (EEC) has licensed 914 people with open or closed criminal cases in central and eastern Massachusetts since 2020. 500 were from EEC’s Northeast and Greater Boston regions.
Citing the need to conduct a manual search of an internal database, EEC charged Boston 25 $900 in public records fees for the list, stating the request required 40 hours of work to complete. State law requires that the first four hours are free.
EEC has granted “discretionary” background check approvals to 13 people with a record of assault and battery, 8 charged with assault and battery with a dangerous weapon, 4 charged with drug trafficking, and numerous other crimes, including assault and battery on a police officer, witness intimidation, reckless endangerment of a child, contributing to the delinquency of a minor, and fraud. EEC said some licensees had more than one charge on their record.
“Discretionary” background check approvals can be granted to childcare providers found to have criminal records or supported findings of child abuse or neglect from the Massachusetts Department of Children and Families (DCF). EEC said it follows federal law on the charges it has discretion over.
Retired Worcester Juvenile Court Judge Carol Erskine expressed concern, stating that some charges, like drug trafficking or assault with a dangerous weapon, should be automatic disqualifiers. “There has to be a balance between allowing someone a livelihood in daycare with the safety of children,” she said. “Some of the offenses are so serious that it’s hard to figure out exactly why the EEC is making decisions to allow people to open up a childcare facility.”
EEC maintains that less than one percent of background check approvals involve the most serious charges the agency has discretion over and that most cases do not involve convictions.
A spokesperson stated, “Ensuring the health and safety of children at licensed early education and care programs is the top priority of the Department of Early Education and Care,” adding, “Through the Department’s thorough Background Record Check process, EEC takes into consideration the unique circumstances of each individual’s background when determining suitability to care for the safety and well-being of children.”
EEC said state privacy laws prohibit naming any of the licensed providers or identifying the daycares where they work.
Senate Minority Leader Bruce Tarr (R-Gloucester), after reviewing the findings, questioned how discretion is being applied. “What are the criteria that are being used? What kind of an investigation is done? How are decisions being reached?” he asked. He announced his intention to hold a hearing at the statehouse to learn more about EEC’s discretionary background check approval process.
“We’re in a gray area here. We’re not dealing with the folks that are automatically excluded,” Senator Tarr said. “We need to know the systemic way that the agency is dealing with them to make sure that they’re properly evaluated.”
Download the FREE Boston 25 News app for breaking news alerts.
Follow Boston 25 News on Facebook and Twitter. | Watch Boston 25 News NOW
©2025 Cox Media Group
/cloudfront-us-east-1.images.arcpublishing.com/cmg/7QOJU3BNCJERBNKJC5LWTBYFLU.png)
