Licensing Standards for DayCare Centers

36-897.03
Child Care Group Homes; Child Care Personnel; Registration; Fingerprints; Definition

A. Child care personnel shall register with the department in order to work in a certified child care group home.

B. Child care personnel shall be fingerprinted and submit the form prescribed in subsection E of this section to the department within twenty days after beginning work at a certified child care group home. Registration is conditioned on the results of the fingerprint check.

C. For the purpose of screening child care personnel, the department of public safety shall provide information from its records relating to convictions for public offenses to the department of health services. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.

D. The department shall charge child care personnel for the costs of their fingerprint checks.

E. Child care personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

   (a) Sexual abuse of a minor.

   (b) Incest.

   (c) First or second degree murder.

   (d) Kidnapping.

   (e) Arson.

   (f) Sexual assault.

   (g) Sexual exploitation of a minor.

   (h) Felony offenses involving contributing to the delinquency of a minor.

   (I) Commercial sexual exploitation of a minor.

   (j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs.

   (k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

   (L) Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.

   (m) Burglary in the first degree.

   (n) Burglary in the second or third degree.

   (o) Aggravated or armed robbery.

   (p) Robbery.

   (q) A dangerous crime against children as defined in section 13-604.01.

   (r) Child abuse.

   (s) Sexual conduct with a minor.

   (t) Molestation of a child.

   (u) Voluntary manslaughter.

   (v) Assault or aggravated assault.

   (w) Exploitation of minors involving drug offenses.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have not been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children for cause in this state or another state or had a license to operate a child care facility or a certificate to operate a child care group home revoked.

G. The director may adopt rules prescribing the exclusion from child care group homes of individuals whose presence may be detrimental to the welfare of children.

H. The notarized forms and fingerprint checks are confidential.

I. Child care personnel who are under eighteen years of age are exempt from the fingerprinting requirements of this section during their minority if they act at all times under the supervision of personnel who meet the fingerprinting requirements of this section.

J. The department may revoke a person's registration if that person is awaiting trial on or convicted of or admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in subsection E, paragraph I of this section.

K. Notwithstanding subsection J of this section, a person who is awaiting trial on or convicted of or admired in open court or pursuant to a plea agreement to committing a criminal offense listed in subsection E, paragraph 1, subdivision (e), (h), (j), (k), (1), (m), (n), (p), (u) or (v) of this section may apply to the director for registration, which the director may grant if the applicant shows to the director's satisfaction that the applicant is successfully rehabilitated and is not a recidivist. The director shall prescribe guidelines for the application process, including a list of offenses that prevent a person from applying for registration pursuant to this subsection. The director may require that the person be supervised at all times as a condition of granting registration pursuant to this subsection.

L. For the purposes of this section, child care personnel means all employees of and persons who are eighteen years of age or older and who reside in a child care group home which is certified by the department.

Director@Daycare.com

© 1999 Daycare.com