Question About Background Check

[rutasha]

Does having shoplifting listed on your background check as a misdeamoner affect you from getting registered as a family day care provider? Need an answer asap!

[Tammy]

Background Check for Daycare License - Felony or Misdemeanor

I believe a misdemeanor would not prevent you from starting your daycare. I believe there would be an issue with a Felony. What state are you in??

[rutasha]

I reside in the state of Georgia.

[Michael]

Background Check for Daycare License - Felony or Misdemeanor

This be a lengthy reply but in our opinion a misdemeanor should not preclude you from attaining a license in Georgia. You record may even be expunged after all this time. Best bet is to go to the police department and pay the fee ($20?) for the background check. When you apply for the license state that it was a misdemeanor. Please read below.

The types of crimes which disqualify license-exempt caregivers from receiving public child care payments vary. They range from felony convictions for crimes against persons to misdemeanors for crimes against property. For example, Oregon disqualifies license-exempt caregivers for crimes that range from arson and drug-related crimes to animal abuse and writing bad checks, while Arizona only disqualifies license-exempt caregivers if they are awaiting trial or have been convicted of felony crimes against persons or drug-related crimes.


290-2-3-.03 Georgia Definitions.

(d) "Crime" means any felony, a violation of O.C.G.A. Sec. 16-5- 23, relating to simple battery, where the victim is a minor; a violation of O.C.G.A. Sec. 16-21-1, relating to contributing to the delinquency of a minor; a violation of O.C.G.A. Sec. 16-6-1 et seq., relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of O.C.G.A. Sec. 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph.

(e) "Criminal record" means:

1. Conviction of a crime; or

2. Arrest, charge, and sentencing for a crime where:

(i) A plea of nolo contendere was entered to the charge; or

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of O.C.G.A. 16-13-1 et seq., relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of O.C.G.A. Sec. 16-13-1 et seq. if such violation or offense constituted only simple possession; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of O.C.G.A. Sec. 16-13-1 et seq. relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or

3. Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to O.C.G.A. Sec. 17-3-1 et seq.

(f) "Department" means the Georgia Department of Human Resources.

(g) "Employee" means any person, other than the registrant, employed by a home to perform any of the home's duties which involve personal contact between that person and any child being cared for at the home and also includes any adult person who resides at the home or who, with or without compensation, performs duties for the home which involve personal contact between that person and any child being cared for by the home.

(h) "Family Day Care Home" and "Home" means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, three but not more than 6 children under 18 years of age who are not related to such persons and whose parents or guardians are not residents in the same private residence.

(i) "Fingerprint records check determination" means a satisfactory or unsatisfactory determination by the department based on a records check com*****on of Georgia Crime Information Center (GCIC) information with fingerprints and other information in a records check application.

(j) "Parent" means the parent(s) with lawful custody of the child or the legal guardian(s) of a child enrolled in or in the process of being enrolled in a home.

(k) "Plan of correction" means a written plan prepared by the registrant and submitted to and approved by the department which states the procedure(s), method(s) and time frame(s) that will be used by the registrant to correct the area(s) of noncompliance with these rules.

(l) "Preliminary records check application" means an application for a preliminary records check determination on forms provided by the department.

(m) "Preliminary records check determination" means a satisfactory or unsatisfactory determination by the department based only upon a com*****on of Georgia Crime Information Center (GCIC) information with other than fingerprint information regarding the person upon whom the records check is being performed.

(n) "Preschool age" means any child under five years of age who is not enrolled in public kindergarten.

(o) "Provider" means the registrant of the family day care home, and the person that provides care in the home.

(p) "Records check application" means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require.

(q) "Related" means within the second degree of consanguinity or affinity (grandchildren, nieces, nephews, first cousins).

(r) "Satisfactory determination" means a written determination that a person for whom a records check was performed was found to have no criminal record.

(s) "Supervision" and "Supervised" means that the provider is alert, is providing watchful oversight to the children, is able to respond promptly to the needs and actions of children, and can intervene promptly in the case of an emergency.

(t) "Unsatisfactory determination" means a written determination that a person for whom a records check was performed has a criminal record.

[Unregistered]

Reasons for License Denial in New jersey

What are some reasons for someone being denied a a license in the state of New Jersey?

[Michael]

Denial of License in New Jersey

10:122-2.4 Denying, suspending, revoking or refusing to renew a license or a Certificate of Life/Safety Approval

GEN (a) The Bureau may deny an application or suspend , revoke or refuse to renew a license or a Certificate of Life/Safety Approval for good cause, including the following, as applicable:

1. Failure or refusal to comply with all applicable provisions of the laws specified in N.J.A.C. 10:122-1.1(a) and of this manual;

2. Violation of the terms and conditions of a license or a Certificate of Life/Safety Approval;

3. Use of fraud or misrepresentation in obtaining a license or a Certificate of Life/Safety Approval or in the subsequent operation of the center;

4. Refusal to furnish the Division with files, reports or records, as required by this manual;

5. Refusal to permit an authorized representative of the Division to gain admission to the center and/or to conduct an inspection or investigation during the center's operating hours;

6. Any activity, policy or staff conduct that adversely affects or presents a serious hazard to the education, health, safety, well-being or development of a child attending a center, or that otherwise demonstrates unfitness by a sponsor or staff member (s) to operate a center;

7. Failure to provide developmental activities that meet the physical, social, emotional and cognitive needs of the children served;

8. Failure by the sponsor to secure and maintain on file conviction disclosures, as specified in N.J.A.C. 10:122-4.1, Child Abuse Record Information (CARI) background checks, as specified in N.J.A.C. 10:122-4.9, or Criminal History Record Information (CHRI) fingerprint background checks, as specified in N.J.A.C. 10:122-4.10;

9. A determination by the Division's Institutional Abuse Investigation Unit that children in the center are at risk of harm;

10. Refusal by the sponsor to consent to a Child Abuse Record Information background check for himself or herself, or to terminate the employment of a staff member who refuses to consent to a Child Abuse Record Information background check;

11. Refusal by the sponsor to terminate the employment of a staff member when a Child Abuse Record Information background check reveals that an incident of child abuse or neglect has been substantiated against the staff member;

12. A Child Abuse Record Information background check that reveals that an incident of child abuse or neglect has been substantiated against the sponsor; or

13. Failure to comply with the provisions of P.L. 1998, c.35, which prohibit smoking in child care centers, as specified in N.J.A.C. 10:122-7.7(d).

[Unregistered]

Applying for a Director's Position

I am applying for the director's position at a daycare in Virginia, I recently recieved a underage possession of alcohol ticket, which in Virginia is a class 1 misdemeanor, should this effect my chances of being employed? I am now 21.

[momdear]

Re: Question about Background Check

I'm not sure that Rutasha or Unregistered have their answer yet.

No records are sealed or expunged unless the convicted person initiates an expungement proceeding through the court where they were convicted. So both Rutasha's underage-drinking and the Unregistered's shoplifting remain on their record. Even if you get your record expunged, you must still reveal the conviction when you apply for day care positions. If you do not reveal it, then you could be committing a more serious crime. You can run a pre-employement screening background check on yourself at many companies for modest fee. That would tell you what shows on your record and what types of things are included in the reports. Here is a summary of 3 Laws Governing Federal Background Checks.

Daycare positions (or any position with authority over disabled or dependent people) generally do not approve applicants with convictions related to theft, substanse abuse, or violence, which may apply to both of you. However, first offense of underage drinking (for which he got a "ticket") is typically considered a "minor misdemeanor" which should not affect job application.

[kris]

I am needing to know the same for Arkansas.What I am looking for in particular is Hot Checks and if one on your record will stop you from owning a day care.Also about just working in a Preschool or day care?

[Michael]

Some information for Arkansas Record Checks:

https://www.daycare.com/arkansas/state8.html

#106 Child Care Licensing Agency
Arkansas Department of Human Services
Division of Child Care and Early Childhood Education
Child Care Licensing Unit
P.O. Box 1437, Slot S-150
Little Rock, AR 72203-1437
Phone: (501) 682-8590
Toll Free: (800) 445-3316
Fax: (501) 682-2317

Criminal Record Checks
1. The following persons shall be required to have their background reviewed through Criminal Records check conducted by the Arkansas State Police:

a. Each applicant at application and every 5 years thereafter

b. All household members who are at application; upon residency and

18 years of age or older every 5 years thereafter

c. Employees and applicants for within 10 days of hire and every 5

employment in a registered home years thereafter

d. Volunteers who have supervisory/ within 10 days and every 5 years

disciplinary control over children. thereafter

2. No person shall be eligible to be a child care facility owner, operator, employee, or be present when children are in care, if that person has pleaded guilty, or been found guilty, of any of the following offenses:

1. Capital murder;

2. 1st/2nd degree murder;

3. Manslaughter;

4. 1 st/2nd degree battery;

5. Aggravated assault;

6. 1st degree terroristic threatening;

7. Kidnapping;

8. 1st degree false imprisonment;

9. Permanent detention or restraint;

10 1st/2nd degree rape or carnal abuse;

11. 1 st/2nd degree sexual abuse;

12. 1st/2nd degree violation of a minor;

13. Incest;

14. 1st degree endangering of a minor;

15. Permitting child abuse;

16. Engaging children in sexually explicit conduct for use in a visual or print medium, transportation of minors for prohibited sexual conduct, use of a child or consent to use a child in sexual performance, by producing, directing or promoting sexual performance by a child;

17. Criminal attempt, criminal solicitation or criminal conspiracy to commit any of the above named offenses.

18. Distribution to minors [of any controlled substance]

19. Manufacture, delivery, or possession with intent to deliver, or manufacture any controlled substance

20. Carnal abuse in the third degree

21. Sexual solicitation of a child

22. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child

23. Negligent homicide

24. Assault in the first degree

25. Coercion

26. Sexual misconduct

27. Public sexual indecency

28. Indecent exposure

29. Endangering the welfare of a minor in the second degree

30. Any felony or misdemeanor involving violence or sexual misconduct

3. Any person who has pled guilty, nolo contendere, or who has been found guilty of any one of the offenses listed above may apply to the Division to demonstrate rehabilitation, if more than five (5) years have passed since the person was convicted and they have completed their sentence (confinement, parole, or probation). The Division is authorized to determine whether rehabilitation is sufficient for the person to be a child care owner, operator, or employee.

[Unregistered]

What about the state of Kentucky.? Will stalking charges, mis. Offense not a felony.. Keep you from getting a job at a daycare ?

[Michael]

What about the state of Kentucky.? Will stalking charges, mis. Offense not a felony.. Keep you from getting a job at a daycare ?

https://www.daycare.com/kentucky/requirements.html

Section 5. License Issuance. (1) A license shall not be issued unless each background check required by KRS 199.896(19) has been completed on behalf of an applicant for licensure.
(2) A director, employee, volunteer, or any person with supervisory or disciplinary control over or having direct contact with a child shall submit to a background check; and
(a) May be employed or work with a child on a probationary basis for up to ninety (90) calendar days, pending completion of a:
1. Child abuse or neglect check described in 922 KAR 1:470; and
2. Criminal records check required by KRS 199.896(19); and
(b) Shall not be left alone in the presence of a child if each required background check has not been completed.
(3) Upon completion of a child abuse or neglect check or criminal records check, described in subsection (2)(a) of this section, a licensee shall discharge immediately a director, employee, volunteer, or any person:
(a) Whose name is listed on the central registry established by 922 KAR 1:470; or
(b) Who has been convicted of a crime defined by KRS 17.165(1) through (3).

(4) An applicant who has been convicted of a nonviolent felony or misdemeanor shall be handled on a case-by-case basis with consideration given to the:
(a) Nature of the offense;
(b) Length of time that has elapsed since the event; and
(c) Applicant’s life experiences after conviction.

[Unregistered]

Would a felony drug conviction that's over 10 years old stop me from starting up my own day care in the state of Texas? If so would an expunge be an option that should be considered? What would disqualify me from opening up my own daycare?

[Unregistered]

Help !

I'm currently on trial . I just want some answers. i was attacked, and i filed charges on the girl. She then turned around and filed charges on me. i want a future a don't want this on my record. if i want to work in a daycare can i still be allowed to w/these misdemeanor charges on me ?

[Unregistered]

What are the rules for North Dakota

I'm wondering if a home daycare in North Dakota can be remain licensed if one of the adults in the household has felony drug convictions.