25 Investigates: Mass. let a known criminal care for troubled teens, he raped one

A former group home worker has been sent to prison for child rape and his crimes aren't the only travesty. 25 Investigates found he never should have been on the job in the first place. Investigator reported Ted Daniel with the state background check failure that has left the teen scarred for life. 25 Investigates has reported extensively on the Department of Early Education and Care and the hundreds of people the agency has licensed despite criminal records. But we've never seen a situation like this. The state allowed Xavier Cruz to care for troubled teens despite a court order barring him from working with vulnerable people. A warning this report contains graphic descriptions. Did you in fact do the acts and things that the prosecutor described just now? Yes. 34 year old Xavier Cruz could be a case study in negligence. A 25 Investigates camera rolling when he pleaded guilty to multiple counts of rape and indecent assault. She described to the detectives that he usually made her clean up on the floor afterward. Cruz was an overnight supervisor at Greylock, a now shuttered DCF affiliated group home in Springfield. That's where prosecutors say he groomed a 14 year old resident with a history of mental health struggles. It was a failure at every single level. It's shocking. Boston-based attorney Erica Brody represents the teen and her family. I think this person should have been absolutely disqualified from ever setting foot in a facility like Greylock, let alone working with children. Here's why. Cruz's criminal record dates back to 2008 when he was charged with assault and battering and discharging a BB gun. Four years later, leaving the scene of a crash with injury and larceny over $250. Those cases should have raised red flags during any state background checks that were performed on Cruz and his crimes from 2020. Those should have been an absolute disqualifier. While working as a home health care worker, Cruz stole an engagement ring and wedding band from a 91 year old woman on oxygen and her daughter and thousands of dollars in jewelry from an 81 year old in his care. Cruz was placed on probation and ordered to refrain from any employment with elders or persons with disabilities. You have a person who was on superior court probation. He was ordered not to work with disabled people and he was hired to work in a group home with disabled children. 25 Investigates filed a public records request seeking all the records EEC had on Cruz when he started at Greylock. EEC denied our request. A spokesperson wrote federal and state law prohibits states from publicly releasing results of individual background checks. Accused and convicted felons are getting licensed to care for children in Massachusetts. Last year EEC charged 25 Investigates $900 in public records fees for a list of the most serious charges licensed daycare providers passed background checks with. It was after we reported that 500 home daycare providers with open or closed criminal cases have been approved since 2020 and that's just in greater Boston and up north. We alerted EEC to this report last week and asked if the agency wanted to provide context, an interview, or statement. A spokesperson tells me EEC does not comment on matters related to pending litigation. She indicated when she sees his type of car she gets anxious out in public. We watched as Cruz was sentenced to at least 13 years at Sousa Baranowski State Prison in Lancaster. Erica Brody says the state and Greylock should also be held accountable. Truly boggles the mind that Xavier Cruz was hired by Greylock and licensed by EEC. This is a huge crisis that's going on across the whole state. Attorney Brody tells me EEC ordered Cruz not to have unmonitored contact with children in October 2023 while he was working with children at Greylock. We don't know the reason for that but during Cruz's sentencing the prosecutor said Cruz had two prior incidents including the alleged abuse of an 11 year old at a different group home. For 25 Investigates, I'm Ted Daniel.