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 |
Originally Posted by hwichlaz: Here is the CA licensing info about criminal back ground exemptions. It starts at Section 102370.1 (page 18) https://www.daycare.com/california/c...uirements.html |
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. |
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 |
Originally Posted by hwichlaz: 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: |
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. |
Originally Posted by hwichlaz: It is my understanding that the decision of approving or denying it is discretionary. There doesn't appear to be a set criteria. |
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)
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Originally Posted by LysesKids: 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 |
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. |
Originally Posted by hwichlaz: |
Originally Posted by hwichlaz: |
Originally Posted by organicdclady: |
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?
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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.
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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. |
Originally Posted by MarinaVanessa: |
Originally Posted by Wkwk37610: |
Originally Posted by hwichlaz: |
Originally Posted by MarinaVanessa: |
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