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Daycare Center and Family Home Forum>Minor with Felony on Colorado
Logged out for privacy 12:07 PM 11-19-2013
What are the laws for an In home provider with a child who was just charged with a felany in Colorado.
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Willow 01:13 PM 11-19-2013
As far as I am aware, in all states a felony *conviction* will bar you from ever being able to obtain a license again. I think it would depend on what crime you are talking about being charged with. Any interaction with law inforcement needs to be reported to licensing immediately. I would assume your license would at the very least be suspended until the courts decide innocence or guilt at which point you could request to reopen if you were acquitted.
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TwinKristi 01:16 PM 11-19-2013
I don't think the OP has the felony but her child. Some states allow you to have "exemptions" on your license. Not sure on your state though.
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Blackcat31 01:23 PM 11-19-2013
In MN, background checks are done on ALL family members age 13 and over.

A felony charge may bar the child from being present while daycare is operating, depending on the charge.

Your best bet is to call the licensing agency in Colorado and ask.
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Willow 01:26 PM 11-19-2013
Originally Posted by Blackcat31:
In MN, background checks are done on ALL family members age 13 and over.

A felony charge may bar the child from being present while daycare is operating, depending on the charge.

Your best bet is to call the licensing agency in Colorado and ask.

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CedarCreek 01:28 PM 11-19-2013
Yup, here in Tx they do checks on children 14 and older. Heck, they even started fingerprinting them if they plan to help their parent out at all with the children.
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TwinKristi 01:32 PM 11-19-2013
Wow, not in CA which is pretty strict on that stuff. My twins are 16 and didn't have to be fingerprinted until 18 and they can help! Thankfully nothing to worry about but interesting that some check at so young!
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Unregistered 01:42 PM 11-19-2013
I'm actually in MN myself, I am just wondering for a family member who has an in home daycare. It is her 14 year old son. The crime was severe enough that he is being charged as an adult.

I was just hoping someone would know what the laws are there. I know they are more lax than here in MN.
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Willow 01:59 PM 11-19-2013
Originally Posted by Unregistered:
I'm actually in MN myself, I am just wondering for a family member who has an in home daycare. It is her 14 year old son. The crime was severe enough that he is being charged as an adult.

I was just hoping someone would know what the laws are there. I know they are more lax than here in MN.
She needs to contact licensing immediately if she hasn't done so already.

She may need to close for the interim if he will be in the home at any point during operating hours. Same will apply if he's convicted.
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Unregistered 02:27 PM 11-19-2013
CO background checks are done 18 yrs old or older, fingerprint FBI & CBI checks. CERTAIN felonies will mean no child care. It will really depend on the age of your child AND the actual crime:

See: http://www.colorado.gov/cs/Satellite...&ssbinary=true
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Unregistered 02:35 PM 11-19-2013
Originally Posted by Unregistered:
CO background checks are done 18 yrs old or older, fingerprint FBI & CBI checks. CERTAIN felonies will mean no child care. It will really depend on the age of your child AND the actual crime:

See: http://www.colorado.gov/cs/Satellite...&ssbinary=true
adding to my quote:

JUST because the child isn't subject to a background check does not mean that they cannot cause a dcp to lose their license. Example: if a 15yo child is charged with rape or child abuse. Stuff like that. If the kid got into trouble for something where he's being charged as an adult, then it's very likely it could be severe enough to make DCP unable to continue her services. Her FAILING to tell the State just because it's not required (omission of Material Facts) can also cause her to lose her license if it's found out. She needs to be open and honest and just let the chips fall where they may for the safety of all the children in her care.

The other thing I can see is that once this all gets out, it can ruin her reputation. After all, what parent would want to place their child with another parent whose child is having severe issues with the law. She should NOT have any children in care at this time, during the investigation and/or trial whatsoever. I get that this is her income, however, it's better she stops on her own BEFORE any information leaks or the state chooses to stop her from providing care, than it is to just keep going like nothing's going on.
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Willow 02:40 PM 11-19-2013
Originally Posted by Unregistered:
CO background checks are done 18 yrs old or older, fingerprint FBI & CBI checks. CERTAIN felonies will mean no child care. It will really depend on the age of your child AND the actual crime:

See: http://www.colorado.gov/cs/Satellite...&ssbinary=true
This is truly terrifying.

I cannot think of a single felony that would not apply to the future safety concerns of children in care.

That it is a child being charged as an adult over an actual adult would be of no consequence to me. The charge being elevated to the severity of a felony.....I absolutely think ALL should have to be disclosed and 99.9% should exclude someone from providing licensed care.

As a parent I would never think to ask....have you or anyone in your home been convicted of a felony that isn't "counted" in the licensing process? That should be safely assumed with the provider being state licensed otherwise what the heck is the point of going through the at all??



Sorry for my rant but fricken YIKES. Glad I don't live in CO and frankly, I feel bad for the parents who do!!!
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Laurel 03:27 PM 11-19-2013
In our state everyone who 'lives' in the childcare home or visits for an extended period of time over a certain age (I forget how old) must have a background check and be fingerprinted. Then if anything questionable comes up, they can request a hearing with licensing.

I've heard of cases where said relative could no longer live in the house where children were being watched and another case where they could live there but not care for children (such as a substitute). So it just depends.

Laurel
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