A recent investigation by Boston’s 25 Investigates has uncovered a troubling flaw in Massachusetts’ background screening process for licensed daycare providers—one that may leave children vulnerable to serious risk. The report revealed that current state regulations do not require checks for criminal convictions or active warrants from outside the United States, creating a dangerous loophole for individuals with international criminal records.
In direct response to this revelation, Massachusetts Republican leaders in the State Senate are now pushing for legislative reform. Senate Minority Leader Bruce Tarr and Assistant Minority Leader Peter Durant have drafted a proposed amendment to the state budget that would require the Department of Early Education and Care (EEC) to conduct international background checks to the fullest extent possible.
Why International Background Checks Matter
The urgency behind this amendment stems from the chilling case of Andre Tiago Lucas, a Brazilian national convicted of raping a 13-year-old in Brazil. Despite his criminal record, Lucas was found living at a licensed home daycare in Hyannis, Massachusetts, operated by his wife. Because Massachusetts does not currently mandate international criminal history checks, his past offenses went undetected—putting children and families at risk.
According to Todd Lyons, acting director of ICE, this incident reflects a “failure at the state level.” Governor Maura Healey later confirmed that Lucas’s wife did not list him as a household member on her daycare license application, but noted that even if she had, his Brazilian criminal history would not have been flagged under existing procedures.
What the Proposed Legislation Includes
The amendment introduced by Senators Tarr and Durant would require the EEC to:
-
Conduct checks on all international criminal databases “to the maximum extent feasible.”
-
Mandate that all licensees certify submitted information under penalty of perjury, increasing accountability and legal consequences for dishonesty.
State Senator Tarr emphasized the importance of reform, stating:
“Clearly we have to do better. We need to expand the background checks and we also need to increase the penalties for providing false information… Our children deserve nothing less.”
What This Means for HR Departments and Licensing Bodies
This case underscores a critical issue: standard background checks may not go far enough when it comes to evaluating risk, especially in sensitive environments like childcare. Many screening providers stop at domestic records, failing to account for applicants who have lived, worked, or committed crimes abroad.
As a trusted partner to HR professionals, schools, nonprofits, and licensed facilities across the U.S., U.S. Background Screening (usbscorp.net) offers robust international background checks that close these dangerous gaps. We work with global databases and law enforcement sources to ensure you’re getting a comprehensive picture—no matter where your applicant has lived or worked.
The Dangers of Incomplete Screening
When lives are at stake—especially the lives of children—“good enough” background screening is simply not good enough.
Incomplete screening can expose organizations to:
-
Legal liability
-
Public relations disasters
-
Serious safety risks
-
Financial and operational damage
A comprehensive screening process, including international criminal searches, education and employment verifications abroad, and global watchlist monitoring, is not a luxury—it’s a necessity.
U.S. Background Screening Can Help You Stay Compliant and Protected
At U.S. Background Screening, we help organizations take the guesswork—and the risk—out of hiring and licensing decisions. Our services include:
-
International Criminal Background Checks
-
Global Sanctions & Watchlist Monitoring
-
Immigration Status Verification (where permitted)
-
Education & Employment Verifications
-
Continuous Monitoring for Sensitive Roles
We offer custom screening packages tailored to your industry, risk profile, and geographic needs.
HR and compliance professionals: Don’t wait for regulations to catch up. Be proactive. Get your free screening program review at usbscorp.net.
A Call for Higher Standards
As the Massachusetts Senate prepares to debate this amendment as part of its upcoming budget, one thing is clear: background screening standards must evolve to meet today’s global mobility.
“My hope is that we’ll be able to move forward and make this very simple in many ways, but very powerful change soon,” said State Senator Tarr.
At U.S. Background Screening, we support initiatives that raise the bar for safety, accountability, and transparency in the background screening process—and we’re ready to help your organization do the same.
Learn more about comprehensive background screening at usbscorp.net
Or schedule a free consultation today.
