Licensing Standards for DayCare Centers

---

Home               About Us               Login               Sign-Up               Products            Contact Us

---

Section J
Character and Suitability Requirement

1. All applicants and holders of a child care license or six-month permit, all applicants for employment in a paid or voluntary position, and all current employees in paid or voluntary positions must be suitable and of good moral character in order to operate or work in a child care facility. All applicants and licensees shall be investigated to determine their character and suitability to hold a license/permit or work in a child care facility. For purposes of this requirement, an applicant includes individuals as well as all board members and officers of corporations, partnerships, associations or other legal entities who have contact with the children in care.
   
   
2. In addition to those listed below, factors relevant in assessing character and suitability include, but are not limited to, character references, community reputation, work history, criminal history, personal history, interpersonal skills, mental and physical limitations, and psychological problems.
   
   
3. The criminal record on individuals must be reviewed, and will be a factor in determining the character and suitability of individuals to hold a license or six-month permit or work in a child care facility.
   
   (a) All applicants for a license and all staff persons and applicants for a license/permit or employment, in paid or voluntary positions, must reveal on their application all past criminal convictions and/or current charges, except for minor traffic violations (parking and improper turning, stopping, or vehicle equipment tickets), since age 16.
   
   (b) The licensee or permit holder, and all staff persons must advise the center director or administrator and the Department of all criminal convictions and/or current criminal charges, except for minor traffic violations (parking and improper turning, stopping, or vehicle equipment tickets), which occur after the licensee/permit holder attains a license/permit or during the course of employment with the child care facility.
   
   (c) A licensee/permit holder, staff person of applicant for employment for a paid or voluntary position is considered unsuitable to work or continue to work in a child care facility if he/she has a criminal conviction in this or another state at any time which:
   
   (i) involves a sex-related crime. Such crimes include, but are not limited to, sexual abuse, sexual exploitation, molestation, rape, child pornography, sale or exhibition of obscene materials, sodomy, sexual mischief, incest, enticement for immoral purposes, prostitution, pandering or promoting prostitution, and obscenity; or
   
   (ii) involves serious intentional, reckless or negligent physical injury, danger or death of any person. Such crimes include, but are not limited to, murder, homicide, manslaughter, assault with a weapon, reckless endangerment, kidnapping, and unlawful imprisonment; or
   
   (iii) involves a crime against a child. In addition to those crimes listed in (i) and (ii), such crimes include, but are not limited to, abandonment, endangerment, and assault.
   
   (d) Convictions for crimes other than those listed in (c) above will be evaluated to determine whether or not they constitute a danger to children based on the seriousness of the crime, the existence of extenuating circumstances, the propensity to recommit the crime, and evidence of rehabilitation since the crime was committed.
   
   
4. The character and suitability of a licensee/permit holder, staff person, or applicant for employment, in a paid or voluntary position, to hold a license or six month permit or to work in a child care facility may also be assessed by a review of the past history of the individual regarding their truthfulness and their ability to care for children. False or misleading statements made by the individual to the Department or other government or center personnel regarding incidents or events occurring while on the job or surrounding part of any child abuse or neglect investigation conducted by the Department, law enforcement or other government officials are considered as evidence of unsuitable character.
   
   
5. Applicants for a license and holders of licenses/six-month permits who are discovered to have had a history of (1) operating without a license and refusal to cease operations or apply for a license or permit or (2) refusal to allow the Department to conduct investigations regarding their activities or allegations of abuse and neglect are also considered as evidencing unsuitable character.
   
   
6. A good character and suitability review shall be conducted on all applicants for a license, staff persons, and all applicants for employment, who are discovered to have been determined by a child or adult protective service agency in any state, to have perpetrated the abuse or neglect of a child or adult. Determinations which fail within the general subject area outlined in paragraph (3)(c) above, even if no criminal conviction has occurred, are considered as evidence of unsuitable character. Other determinations will be evaluated based upon the same factors as in paragraph (3)(d) above.

Home               About Us               Login               Sign-Up               Products            Contact Us