9 CAR pt. 30, Appendix A. Prohibited Offenses

Appendix A: PROHIBITED OFFENSES 1. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act shall be absolutely and permanently prohibited from having direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court (unless the conviction is vacated or reversed): 01. Abuse of an endangered or impaired person, if felony § 5-28-103 02. Arson § 5-28-103 03. Capital Murder § 5-10-101 04. Endangering the welfare of an incompetent person in the first degree § 5-27-201 05. Kidnapping § 5-11-102 06. Murder in the first degree § 5-10-102 07. Murder in the second degree § 5-10-103 08. Rape § 5-14-103 09. Sexual assault in the first degree § 5-14-124 10. Sexual assault in the second degree § 5-14-125 2. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act shall not be eligible to have direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by a court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: 01. Criminal attempt to commit any offenses § 5-3-201 02. Criminal complicity to commit any offenses § 5-3-202 03. Criminal conspiracy to commit any offenses § 5-3-401 04. Criminal solicitation, to commit any offenses § 5-3-301 05. Assault in the first, second, or third degree § 5-13-205- § 5-13-207 06. Aggravated assault § 5-13-204 07. Aggravated assault on a family or household member § 5-26-306 08. Battery in the first, second, or third degree § 5-13-201- § 5-12-203 09. Breaking and entering § 5-39-202 10. Burglary § 5-39-201 11. Coercion § 5-13-208 12. Computer crimes against minors § 5-27- 601et seq. 13. Contributing to the delinquency of a juvenile § 5-27-220 14. Contributing to the delinquency of a minor § 5-27-209 15. Criminal impersonation § 5-37-208 16. Criminal use of a prohibited weapon § 5-73-104 17. Communicating a death threat concerning a school employee or students § 5-17-101 18. Domestic battery in the first, second, or third degree §5-26-303- §5-26-305 19. Employing or consenting to the use of a child in a sexual performance §5-27-402 20. Endangering the welfare of a minor in the first or second degree §5-27-205- §5-27-206 21. Endangering the welfare of an incompetent person in the second degree §5-27-202 22. Engaging children in sexually explicit conduct for use in visual or print media § 5-27-303 23. False imprisonment in the first or second degree § 5-11-103- § 5-11-104 24. Felony abuse of an endangered or impaired person § 5-28-103 25. Felony interference with a law enforcement officer § 5-54-104 26. Felony violation of the Uniform Controlled Substance Act § 5-64- 101 et seq. §5- 64-501 et seq. 27. Financial identity fraud § 5-37-227 28. Forgery § 5-37-201 29. Incest § 5-26-202 30. Interference with court-ordered custody § 5-26-502 31. Interference with visitation § 5-26-501 32. Introduction of controlled substance into the body of another person § 5-13-210 33. Manslaughter § 5-10-104 34. Negligent homicide § 5-10-105 35. Obscene performance at a live public show § 5-68-305 36. Offense of cruelty to animals § 5-62-103 37. Offense of aggravated cruelty to dog, cat, or horse § 5-62-104 38. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child § 5-27-304 39. Sexual solicitation § 5-70-103 40. Permanent detention or restraint § 5-11-106 41. Permitting abuse of a minor § 5-27-221 42. Producing, directing, or promoting a sexual performance by a child § 5-27-403 43. Promoting obscene materials § 5-68-303 44. Promoting obscene performance § 5-68-304 45. Promoting prostitution in the first, second, or third degree § 5-70-104- § 5-70-106 46. Prostitution § 5-70-102 47. Public display of obscenity § 5-68-205 48. Resisting arrest § 5-54-103 49. Robbery § 5-12-102 50. Aggravated robbery § 5-12-103 51. Sexual offenses § 5-14-101 et seq. 52. Simultaneous possession of drugs and firearms § 5-74-106 53. Soliciting money or property from incompetents § 5-27-229 54. Stalking § 5-71-229 55. Terroristic act § 5-13-310 56. Terroristic threatening § 5-13-301 57. Theft of public benefits § 5-36-202 58. Theft by receiving § 5-36-106 59. Theft of property § 5-36-103 60. Theft of services § 5-36-104 61. Transportation of minors for prohibited sexual conduct § 5-27-305 62. Unlawful discharge of a firearm from a vehicle § 5-74-107 63. Voyeurism § 5-16-102 3. A former or future law of this or any other state or of the federal government that is substantially equivalent to one (1) of the offenses listed in the Child Welfare Licensing Act shall be considered as prohibiting. 4. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed shall be absolutely disqualified from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency during the period of the person's confinement, probation, or parole supervision (unless the conviction is vacated or reversed). 5. Except as provided under the Child Welfare Agency Licensing Act, a person who has pleaded guilty or nolo contendere to or been found guilty of one (1) of the offenses listed shall not work in a child welfare agency unless: (a) The date of a plea of guilty or nolo contendere or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the record check; and (b) There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request. 6. Except as provided under the Child Welfare Licensing Act: (a) A person who is required to have a criminal records check and who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of their term of confinement, probation, or parole supervision unless the conviction is vacated or reversed. (b) An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner: (i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person; (ii) The applicant shall bear the burden of making such a showing; and (iii) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. 7. The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review.