Arkansas Arkansas

Licensing Standards for DayCare Centers

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107 - Criminal Records Checks

  1. The following persons shall apply to the Identification Bureau of the Arkansas State Police for a nationwide criminal record check, to be conducted by the FBI, which shall include a fingerprint check. The individual is responsible for the cost of a nationwide check.

a. Each applicant to own or operate a child care facility initial application only
b. Each employee who has not been a resident of the State of Arkansas for the six preceding years within 10 days of hire
c. Volunteers who have supervisory or disciplinary control over children or are left alone with children if the person has not been a resident of Arkansas for 6 years

  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 to own or operate a child care facility at application and every 5 years thereafter
b. Employees and applicants for employment in a child care facility within 10 days of hire and every 5 years thereafter
c. Volunteers who have supervisory and/or disciplinary control over children Within 10 days of hire and every 5 years thereafter.

  1. No person shall be eligible to be a child care facility owner,operator, or-employee if that person has pled guilty, or been found guilty, of any of the following offenses:

  2. Capital murder;

  3. 1st/2nd degree murder;

  4. Manslaughter;

  5. 1st/2nd degree battery;

  6. Aggravated assault;

  7. 1st degree terroristic threatening;

  8. Kidnapping;

  9. 1st degree false imprisonment;

  10. Permanent detention or restraint;

  11. 1st/2nd degree rape or carnal abuse;

  12. 1st/2nd degree sexual abuse;

  13. 1st/2nd degree violation of a minor;

  14. Incest;

  15. 1st degree endangering of a minor;

  16. Permitting child abuse;

  17. 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 child.

  18. Criminal attempt, criminal solicitation or criminal conspiracy to commit any of the above names offenses.

  19. Distribution to minors (of any controlled substance);

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

  21. Carnal abuse in the third degree;

  22. Sexual solicitation of a child;

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

  24. Negligent homicide;

  25. Assault in the first degree;

  26. Coercion;

  27. Sexual misconduct;

  28. Public sexual indecency;

  29. Indecent exposure;

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

  31. Any felony or any misdemeanor involving violence or sexual misconduct.

  1. 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 that person was released from confinement or parole. The Division is authorized to determine whether rehabilitation is sufficient for the person to be a child care owner, operator, or employee.


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