Page 94

(a) Refuses to consent to the criminal background check described in Subsection 132.2(a);

(b) Knowingly makes a materially false statement in connection with such criminal background check;

(c) Is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry;

(e) Has been convicted of any of the following felonies:

(1) Murder, as described in Section 1111 of Title 18, United States Code;

(2) Child abuse or neglect;

(3) A crime against children, including child pornography;

(4) Spousal abuse;

(5) A crime involving rape or sexual assault;

(6) Kidnapping;

(7) Arson;

(8) Physical assault or battery; or

(9) Subject to Subsection 133.10, a drug-related offense committed during the preceding five (5) years; or

(f) Has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.

133.10 A prospective or current staff member may be ineligible for employment with a Facility, if OSSE determines that such individual poses a present danger to children or youth or if an individual’s prior conviction for crimes impact the fitness of the individual to provide care for and have responsibility for the safety and welfare of children. In making this determination, the following factors shall be considered: