A. A license as either a daycare provider or daycare employee may be denied, suspended or revoked if any criminal history check reveals that the provider or employee has:
1. Been found guilty of or has pled guilty to:
a. Any felony or misdemeanor involving moral turpitude or domestic violence, or
b. 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. Additionally, each applicant shall include a listing of all other persons, including children over the age of twelve (12), living in the home who are currently under investigation or have in the past been charged with crimes, other than traffic violations, including, but not limited to, drug and alcohol offenses;
2. Been found guilty of, pled guilty to, 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 Idaho Code title 18, chapter 61; injuring a child as defined in Idaho Code section 18-1501; selling or bartering a child as defined in Idaho Code section 18-1511; sexually abusing or exploiting a child as defined in Idaho Code sections 18-1506 to 18-1508; disseminating obscene material to minors as provided in Idaho Code sections 18-1513 to 18-1515; or similar provisions in another jurisdiction;
3. Been committed pursuant to Idaho Code title 66, chapter 3, or similar provision in another jurisdiction, unless:
a. Such individual has been released from, and is no longer under, any form of treatment in relation to such commitment, and
b. 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 any child;
4. Had parental rights affected by a child protection action under Idaho Code title 16, chapter 20, or child custody termination action under Idaho Code title 16, chapter 22;
5. Violated any of the terms of this chapter;
6. Supplied false information, refused to disclose any information required on the application form, or refused to authorize the police investigation required by this chapter.
B. For purposes of this chapter, any withheld judgment on any of the above offenses shall be noted on the report and shall constitute grounds for denial. (Ord. 310 §18, 1988)