Originally Posted by Unregistered:
Long story...before we met, my husband was accused of sexual contact with a 17 1/2 year old. As he had an infant at the time, he was worried he would lose the trial and be forced to register as a sex offender. Anyway, he ended up with two misdemeanors; one of them doesn't appear on the non-exemptible list at all, so I'm not worried about it. The other does, but not exactly as his code reads. His is 288a(b). Again, he has just the two misdemeanors, he did not serve jail time and is not a registrant. He was on unsupervised probation.
I'm getting my application packet together for a family daycare license now and would like some insight as to whether this charge will preclude me from doing so. I can't find information on this specific code in regards to the possible exemption.
Thank you!
It's a case by case basis.
They may treat it like they do a drug charge and require you to get an exemption. This will allow you to do run an FCC out of your home however your husband will be required to stay out of the home during daycare hours. I know 2 providers that have these for adult children they have living in their home.
Or
They may treat it like they do any child related sexual crime and not allow it at all. I know of one provider who's 18yo was living in her home and the 18yo had charges pressed on her by a boy's parents for being sexual with a their 16 yo son (he was turning 17, she had just turned 18, they'd only dated 4 months, it was consensual, Judge didn't care). She was convicted with a felony, spent a few months in jail, was on probation for 2 years, not a registered sex offender. This provider had to report this to licensing (requirement of license) and licensing told her that her DD had to move out or they would revoke her license.
Or
They may not ding you on it (depending on the type of crime, ages of both parties, how long ago it was etc). Realistically however when it comes to child related crimes it is extremely rare for licensing to approve an application without an exemption.
IDK if it's because the daughter was charged with a felony of a child related case or what, I'm just trying to give you an idea of one way it could go. I think your best bet is to call licensing and ask straight out. They will ask for details and it's best to just be honest if you do call or you can just send in the application and get DH background checked and take a chance.
Oh and BTW if they give you an exemption you will forever need to have each client read and sign a form that explains your DH's charge. You're required to keep these forms in each child's file, your analyst will check the files (but only if they require an exemption).
Also I wanted to add that the background check you go through for licensing is different from looking up the criminal background of someone. My DH works for the DA's office and went through a background check for employment, licensing still required that he be Live Scan fingerprinted. The Live Scan also checks the Child Abuse Central Index (sexual crimes are listed). You have to report all crimes, even misdemeanors, and they will check. All crimes come up on their database including ones where a pardon was given, sealed files or expunged crimes.