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Ask Meigs Your Own Question

Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience:  I have multiple years experience prosecuting and defending clients.
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I live in the state of Pennsylvania, and I am trying to open

Customer Question

I live in the state of Pennsylvania, and I am trying to open a home daycare business. I have a felony conviction for conspiracy to commit embezzlement back in 2005. Can I obtain a child care license? Thanks
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Meigs replied 2 years ago.

meigs004 :

Hello I can definitely help you with this issue.

meigs004 :

Allow me to post my standard blurb about accepting answers here on JA. Then I will address your situation specifically.

meigs004 :


If at anytime you feel that I have adequately provided you with an answer to your question, then if you would please click the accept button so that I may be compensated for my work that would be very much appreciated. Also, bonuses are optional, and are certainly not required, but very much appreciated. Remember, clicking the accept button does not prevent you from asking further questions on this post, and will not preclude me from continuing to answer your questions and provide you with research. There is no Attorney-Client relationship created by our communications and the advice and information that I provide is merely for informational purposes. The advice that I provide is not to be taken over the advice of a competent attorney within your jurisdiction.


meigs004 :

Are you in the chat?

Customer:

yes

meigs004 :

Great! Have you read the provision that I posted above about accepting answers.

Customer:

yes, I have and I guess I'm a little confused because I don't see an answer to the question?

meigs004 :

No not yet. I will provide you with research to your question.

meigs004 :

Then once you are satisfied if you would click the accept button so that I may be compensated that would be great.

Customer:

okay, no problem.

meigs004 :

Great. Thank you. Allow me to research child care license law in Pennsylvania for you.

meigs004 :

Please remain patient while I search.

Customer:

will do

meigs004 :

Ok I have found the relevant law.

meigs004 :

§ 20.71. Conditions for denial, nonrenewal or revocation.


(a) The Department may deny, refuse to renew or revoke a certificate of compliance for any of the following:


(1) Failure to comply with this chapter.


(2) Noncompliance with the Department’s program licensure or approval regulations.


(3) Failure to submit an acceptable plan to correct noncompliance items.


(4) Failure to comply with the acceptable plan to correct noncompliance items.


(5) Mistreatment or abuse of clients being cared for in the facility or receiving service from the agency.


(6) Gross incompetence, negligence or misconduct in operating the facility or agency.


(7) Fraud or deceit in obtaining or attempting to obtain a certificate of compliance.


(8) Lending, borrowing or using the certificate of compliance of another facility or agency, or knowingly aiding or abetting the improper granting of a certificate of compliance.


(b) The Department will review and may deny, refuse to renew or revoke a certificate of compliance if a legal entity, owner, operator or staff person:


(1) Has been convicted of a felony.


(2) Has been convicted of a crime involving child abuse, child neglect, moral turpitude or physical violence.


(3) Has serious mental illness which might create a risk to the clients, which shall be determined and documented by a licensed physician or a licensed psychologist.


(4) Has evidenced drug or alcohol addiction within the past year, which shall be determined and documented by a licensed physician.


(5) Has been named as a perpetrator in an indicated or founded report of child abuse in accordance with the Child Protective Services Law (11 P. S. § § 2201—2224).

meigs004 :

The Department that issues license for Day Care entities review your application and may deny it because you have a felony conviction.

meigs004 :

But that does not necessarily mean they will. Considering your felony conviction is not a violent crime or sexual crime, they may allow you to obtain a license.

Customer:

so the best bet is to go ahead and submit my application and wait to see?

meigs004 :

That would be my advice.

meigs004 :

The worst that could happen is that you are denied.

meigs004 :

No harm in trying, and as I stated, your application may be granted, or they may require you to come to a hearing to describe your crime and punishment, but in any case there is no harm in trying.

Customer:

okay. thank you very much!

Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1344
Experience: I have multiple years experience prosecuting and defending clients.
Meigs and 8 other Criminal Law Specialists are ready to help you

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