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Disqualifying Information
 
The arrest and conviction* or arrest pending disposition for one of the criminal offenses listed below or for any offense, which involves elements of proof that are substantially similar to the offenses listed below, disqualifies an individual from serving in a child caring capacity in a program or service operated by or for DCYF and/or requiring licensure or certification by DCYF or residing in a household wherein such a program or service is provided or from owing or operating any such program or service or from serving as a DCYF employee, intern, volunteer or consultant or from functioning in any other capacity subject to a statewide or nationwide criminal record background check in accordance with federal and/or state law or DCYF rule.
 
*     For purposes of this protocol, "conviction" means a judgment of conviction entered by a court subsequent to a finding of guilty.  Further, any case where a defendant has entered a plea of nolo contendere and has received a sentence that includes a fine and/or a period of incarceration constitutes a conviction.  Any instance where the defendant has entered a plea of nolo contendere and has received a sentence of only probation constitutes a conviction while the probationary period is pending.
 
LEVEL 1 OFFENSES
 
If an individual is disqualified for the arrest and/or conviction for any of the following offenses, that individual has a right to appeal for the purpose of demonstrating that he or she has not been arrested and/or convicted for such an offense.
 
Felony Child Abuse or Neglect
Felony Domestic Violence
Felony committed against a child
1st Degree Child Molestation
2nd Degree Child Molestation
Child Pornography
Circulation of obscene publications and shows
Sale or exhibition to minor of indecent publications, pictures or articles
Child nudity in publication
Transportation for Indecent purposes
Harboring
Prostitution
Pandering
Deriving support or maintenance from prostitution
Felony Drug Offense committed less than five (5) years ago
Felony involving violence
Murder
Manslaughter
Rape
1st Degree Sexual Assault
2nd Degree Sexual Assault
Kidnapping
Car-jacking
1st Degree Arson
2nd Degree Arson
Mayhem
Felony Assault committed less than five (5) years ago
Felony Battery committed less than five (5) years ago
 
LEVEL 2 OFFENSES
 
If an individual is disqualified for the arrest and/or conviction for any of the following offenses, that individual has a right to appeal for the purpose of demonstrating his or her long standing record of excellence in child care:
 
Felony Assault committed over five (5) years ago
Felony Battery committed over five (5) years ago
Felony Drug Offense committed over five (5) years ago
Robbery
Breaking and Entering
Burglary
Illegal Possession of a Firearm
Misdemeanor Domestic Assault
3rd Degree Sexual Assault
 
If an individual is disqualified for the arrest and/or conviction for any of the following offenses, when the offense does not involve a child, that individual has a right to appeal for the purpose of demonstrating his or her long standing record of excellence in child care:
·     Transportation for Indecent purposes
·     Harboring
·     Prostitution
·     Pandering
·     Deriving support or maintenance from prostitution
·     Circulation of obscene publications and shows