A license applied for or issued under this chapter may be denied, suspended or revoked if any background or criminal history check reveals that the applicant or licensee has engaged in conduct inimical to the health, safety, and welfare of the children who are or will be under the direct care of any potential applicant or current licensee. Persons denied a license under this section by the city council may not reapply for one year from the date of the denial.
Examples of conduct or events which can pose a risk to children and are therefore grounds for denial, suspension or revocation include:
A. Having been found guilty of, pled guilty to, or admitted to conduct constituting a violation of a criminal law, regardless of the form of judgment, including, but not limited to, any felony, any misdemeanor involving moral turpitude or violence, any stalking or harassment of another person whether directly or indirectly through a third party or any violation of the uniform controlled substances act, Idaho Code title 37, chapter 27, or similar provisions in another jurisdiction, within the past ten (10) years;
B. Conduct which indicates that applicant may suffer from suicidal tendencies or ideations, unless the individual has been examined at his own expense by an Idaho licensed psychologist or Idaho licensed psychiatrist who certifies that the applicant does not pose a risk to children;
C. Having been found guilty of, pled guilty to, regardless of the form of judgment, or admitted to any offense involving neglect or any physical injury to, or other abuse of, a child, including any sex crime as defined in Idaho Code title 18, chapter 66; rape as defined in title 18, chapter 61; injuring a child as defined in section 18-1501; selling or bartering a child as defined in section 18-1511; sexually abusing or exploiting a child as defined in sections 18-1506 through 18-1508; disseminating obscene material to minors as provided in sections 18-1513 through 18-1515; or similar provisions in another jurisdiction;
D. Having been committed pursuant to Idaho Code title 66, chapter 3, or similar provision in another jurisdiction, or having been taken into alcohol or mental protective custody, unless such individual has been released from, and is no longer under any form of treatment in relation to such commitment, and such individual has been examined at his own expense by at least two (2) professionals licensed to evaluate the mental health of individuals, at least one of whom shall be a psychiatrist, and both professionals certify that the individual is no longer mentally ill and presents no threat or danger to himself or herself or to any child;
E. Having his or her parental rights affected by a child protection action under Idaho Code section 16-1601 et seq., or child custody termination action under section 16-2001 et seq.;
F. Violating any of the terms of this chapter;
G. Supplying false information, or refusing or failing to disclose any information required on the application form, or refusing to authorize the police investigation required by this chapter. (Ord. 632 §2, 2007)