Section 13. Arrests, Convictions And Referrals

A. For the purpose of these rules, the following information shall result in a conclusion that the applicant is an unreasonable risk: (1) a conviction for a felony and the criminal conviction directly relates to whether the applicant can provide a safe, responsible, and morally positive setting for care recipients; (2) a conviction, regardless of the degree of the crime or the date of the conviction, of human trafficking, criminal sexual penetration or related sexual offenses, or child abuse; (3) a substantiated referral, regardless of the date, for sexual abuse; (4) the applicant’s child is currently in CYFD’s or another state’s custody; or (5) a registration, or a requirement to be registered, on a state sex offender registry or repository or the national sex offender registry established under the Adam Walsh Child Protection and Safety Act of 2006. B. A disqualifying conviction may be proven by: (1) a copy of the judgment of conviction from the court; (2) a copy of a plea agreement filed in court in which a defendant admits guilt; (3) a copy of a report from the federal bureau of investigation, criminal information services division, or the national criminal information center, indicating a conviction; (4) a copy of a report from the state of New Mexico, department of public safety, or any other agency of any state or the federal government indicating a conviction; or (5) any writing about the applicant indicating that such person has been convicted of the disqualifying offense, provided; however, if that is potentially the sole basis for denial, the applicant shall be given an opportunity to show that they have successfully completed or are pending completion of a conditional discharge for the disqualifying conviction. 8.8.3 NMAC 5 C ndicating a conviction; or (5) any writing about the applicant indicating that such person has been convicted of the disqualifying offense, provided; however, if that is potentially the sole basis for denial, the applicant shall be given an opportunity to show that they have successfully completed or are pending completion of a conditional discharge for the disqualifying conviction. 8.8.3 NMAC 5 C. If a background check shows pending charges for a felony offense, regardless of the degree of the crime, of human trafficking, criminal sexual penetration or related sexual offenses, or child abuse; or an arrest but no disposition for any felony offense, there shall be a determination of unreasonable risk if a conviction as charged would result in a determination of unreasonable risk. D. If a background check shows a pending child protective services referral or any other CYFD investigation of abuse or neglect, there shall be a determination of unreasonable risk. E. If a background check shows that an applicant has an outstanding warrant, there shall be a determination of unreasonable risk.