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-   -   Spouse Got a DUI-California (https://www.daycare.com/forum/showthread.php?t=83928)

hwichlaz 09-07-2016 02:53 PM

Spouse Got a DUI-California
 
Anyone deal with a spouse or resident family member and a dui? and successfully get a background waiver in california?

I know this is pretty easy for Centers, but difficult for famiily child care homes.

Need some been there done that advice.

Heather

Blackcat31 09-07-2016 03:03 PM

Quote:

Originally Posted by hwichlaz (Post 605966)
Anyone deal with a spouse or resident family member and a dui? and successfully get a background waiver in california?

I know this is pretty easy for Centers, but difficult for famiily child care homes.

Need some been there done that advice.

Heather

I would think it depends on the charge and conviction (if convicted)

Here is the CA licensing info about criminal back ground exemptions. It starts at Section 102370.1 (page 18)

http://www.daycare.com/california/ca...uirements.html

hwichlaz 09-07-2016 03:08 PM

I've read all of that but it's not really helpful. It's a misdomeanor DUI.

My only first hand experience so far with someone failing livescan is when my oldest's best friend got nabbed for shoplifting at college. She'd livescanned for my facility because she stayed with us for the summer before college. I got a notice in the mail that she was to be excluded from my facility because she had a criminal conviction...even though it was a petty theft. I was sent all of the info for her to get an exemption at that time....but she wasn't around anymore so I didn't bother. The thing is.....they can decline your exemption if they want. There isn't any clear guideline on what they'll approve and what they won't.

spedmommy4 09-07-2016 03:12 PM

Per a fellow provider I know in California, it took about six months and was not an easy process.

This is the list that details things you can and cannot apply for an exemption for. http://www.ccld.ca.gov/res/pdf/non_exempt.pdf

Blackcat31 09-07-2016 03:13 PM

Quote:

Originally Posted by hwichlaz (Post 605973)
I've read all of that but it's not really helpful. It's a misdomeanor DUI.

My only first hand experience so far with someone failing livescan is when my oldest's best friend got nabbed for shoplifting at college. She'd livescanned for my facility because she stayed with us for the summer before college. I got a notice in the mail that she was to be excluded from my facility because she had a criminal conviction...even though it was a petty theft. I was sent all of the info for her to get an exemption at that time....but she wasn't around anymore so I didn't bother. The thing is.....they can decline your exemption if they want. There isn't any clear guideline on what they'll approve and what they won't.

Ugh, the mere fact that they can deny your exemption would make me nervous.

I read the regulations too and agree they are not very clear but from the info I did read, it appeared that a DUI (that is not a felony or involving harm to someone else) is not something that would bar some one from being present in your home FCC program but if they (the state) can just make up the rules as they go along and not have a clear guideline, I can only suggest that you contact your licensing analyst and see what they say.

I'm sorry you are having to deal with this... :hug:

hwichlaz 09-07-2016 03:16 PM

thank goodness DUI isn't included in those non-exempt offenses....yikes. Just reading those was disturbing.

Thank you.


Did her husband have to completely move out while applying or just not be home during business hours?

It takes several months to actually get to court and get the conviction so at this point I'm just trying to get ready. I don't want to alert my licensing rep. until I know what's up with his case.

spedmommy4 09-07-2016 03:32 PM

Quote:

Originally Posted by hwichlaz (Post 605977)
thank goodness DUI isn't included in those non-exempt offenses....yikes. Just reading those was disturbing.

Thank you.


Did her husband have to completely move out while applying or just not be home during business hours?

It takes several months to actually get to court and get the conviction so at this point I'm just trying to get ready. I don't want to alert my licensing rep. until I know what's up with his case.

He could not live in the home if she wanted a license. She said they had to get the police report and multiple written references to submit.

It is my understanding that the decision of approving or denying it is discretionary. There doesn't appear to be a set criteria.

LysesKids 09-07-2016 03:42 PM

UGH... I met OP online the another forum years ago and lost touch after I stopped popping in; I know the daycare situation doesn't look so bright for the future, but how is the rest of life going hwichlaz? ( and yes I moved to a different state since we chatted)

hwichlaz 09-07-2016 03:50 PM

Quote:

Originally Posted by LysesKids (Post 605982)
UGH... I met OP online the another forum years ago and lost touch after I stopped popping in; I know the daycare situation doesn't look so bright for the future, but how is the rest of life going hwichlaz? ( and yes I moved to a different state since we chatted)

The rest of life is awesome :) Even if I have to make him rent the trailer across the street, lol.

These regs are so stupid. It shouldn't he difficult to get an exemption for a non-violent misdomeanor. I can totally understand being issued something with my license that says he can't drive on field trips or something, but eeesh. This screw up has zero to do with taking care of daycare kids. :P

organicdclady 09-07-2016 04:03 PM

I am in CA and from my understanding a misdemeanor DUI will show up on the livescan, but will not be denied.
You can call ccld and ask them. My local office always answers the phone quickly and is very helpful. Getting ahold of my analyst is another story.

LysesKids 09-07-2016 04:03 PM

Quote:

Originally Posted by hwichlaz (Post 605985)
The rest of life is awesome :) Even if I have to make him rent the trailer across the street, lol.

These regs are so stupid. It shouldn't he difficult to get an exemption for a non-violent misdomeanor. I can totally understand being issued something with my license that says he can't drive on field trips or something, but eeesh. This screw up has zero to do with taking care of daycare kids. :P

Glad to see you found a good group to hang with ( and you've been hooked here longer than me lol)... Black Cat and a few others are dynamite when it comes to finding out stuff.

Unregistered 09-07-2016 04:03 PM

Quote:

Originally Posted by hwichlaz (Post 605966)
Anyone deal with a spouse or resident family member and a dui? and successfully get a background waiver in california?

I know this is pretty easy for Centers, but difficult for famiily child care homes.

Need some been there done that advice.

Heather

I'm not sure about California, but we live in TX, and my husband, who got a DUI before I met him, just can't drive the kids anywhere.

hwichlaz 09-07-2016 04:04 PM

Quote:

Originally Posted by organicdclady (Post 605987)
I am in CA and from my understanding a misdemeanor DUI will show up on the livescan, but will not be denied.
You can call ccld and ask them. My local office always answers the phone quickly and is very helpful. Getting ahold of my analyst is another story.

Misdemeanor shoplifting got my daughter's friends booted from my guest list though...so I'm nervous.

Wkwk37610 10-05-2018 03:10 PM

Dui
 
When your spouse got a DUI, did it notify licensing after the arrest or after the case was over or a conviction? Did you get an exemption? If so, how long did it take? Did your spouse have to move out?

hwichlaz 10-05-2018 03:32 PM

was a potential spouse, we've decided to maintain separate residences until I get my BA so I can teach at a local school once the universal pre-K goes though.

MarinaVanessa 10-08-2018 12:49 PM

I know this is old but I wanted to chime in for future reference. I'm in California and the provider that helped me get licensed had a son with a misdemeanor marijuana charge from when he was 18. He had to move in with her at 21 and she had to apply for a clearance. They did give it to her and he just couldn't be in the house during the time that the daycare kids were in her home but he was able to live there.
She just had to have all current and new clients sign a form that said that they were aware of his charge.

hwichlaz 10-08-2018 01:07 PM

Quote:

Originally Posted by MarinaVanessa (Post 686732)
I know this is old but I wanted to chime in for future reference. I'm in California and the provider that helped me get licensed had a son with a misdemeanor marijuana charge from when he was 18. He had to move in with her at 21 and she had to apply for a clearance. They did give it to her and he just couldn't be in the house during the time that the daycare kids were in her home but he was able to live there.
She just had to have all current and new clients sign a form that said that they were aware of his charge.

See, that's ridiculous. Luckily though, they can no longer consider any marijuana-related crimes unless they included violence or theft. So legalizing MJ has helped out there. :P I'm still not sure how this is keeping children safe.

Blackcat31 10-08-2018 01:25 PM

Quote:

Originally Posted by Wkwk37610 (Post 686583)
When your spouse got a DUI, did it notify licensing after the arrest or after the case was over or a conviction? Did you get an exemption? If so, how long did it take? Did your spouse have to move out?

I am in MN and ANY time a person living in my home has interaction with the police on a criminal level (whether convicted or not) we (the license holder) are required to notify licensing. A provider in my city lost her license for not reporting that her and her spouse had a fight that ended with the police being called.

MarinaVanessa 10-08-2018 01:37 PM

Quote:

Originally Posted by hwichlaz (Post 686736)
See, that's ridiculous. Luckily though, they can no longer consider any marijuana-related crimes unless they included violence or theft. So legalizing MJ has helped out there. :P I'm still not sure how this is keeping children safe.

Yeah not sure how the whole legal marijuana is going to impact home daycare. It can go either way since the state says it's ok but federally marijuana is still illegal. Technically any charge is looked at on a case by case basis. There is a list of charges that you can't get an exemption for but everything else can be declined or approved depending on whatever licensing thinks. The legalization might make it easier or it may just stay the same, who knows

hwichlaz 10-08-2018 03:51 PM

Quote:

Originally Posted by MarinaVanessa (Post 686740)
Yeah not sure how the whole legal marijuana is going to impact home daycare. It can go either way since the state says it's ok but federally marijuana is still illegal. Technically any charge is looked at on a case by case basis. There is a list of charges that you can't get an exemption for but everything else can be declined or approved depending on whatever licensing thinks. The legalization might make it easier or it may just stay the same, who knows

No, the new background check packets specifically say that most MJ charges will no longer be looked at or considered for denying license. I just helped a friend download everything to fill out.


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