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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-3. CHILD DEVELOPMENT FACILITIES |
Section 29-313. REVOCATION, DENIAL, AND SUSPENSION
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313.1The Director may deny, refuse to renew, revoke, or suspend a license on the basis of any of the following:
(a)Failure to comply with the Act or with this Chapter;
(b)Providing false or misleading information in an application for an initial license or for a license renewal;
(c)Failure to allow entry to authorized officials to conduct an inspection or investigation, or to otherwise determine whether the applicant or licensee is in substantial compliance with the Act or with this Chapter;
(d)Employing any method of discipline prohibited by this Chapter;
(e)A determination that an applicant or licensee has been convicted of, or has admitted to committing, either in the District of Columbia or in another jurisdiction, any criminal offense which constitutes a bar to employment in an agency or entity that provides direct services to children and youth, or as a result of which a duly authorized District of Columbia Government official has determined that the applicant or licensee poses a danger to children or youth, as provided in the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353, D.C. Official Code §§ 4-1501.01 et seq.) or in subsequent amendments thereto, or in rules promulgated pursuant to that law, or as provided in any superseding District of Columbia or federal law, which offenses may include the following at the felony level unless otherwise indicated:
(1)Murder, attempted murder, manslaughter, or arson;
(2)Assault, assault with a dangerous weapon, mayhem, malicious disfigurement, or threats to do bodily harm;
(3)Burglary;
(4)Robbery;
(5)Kidnapping;
(6)Illegal use or possession of a firearm;
(7)Sexual offenses at the felony or misdemeanor level, including indecent exposure; promoting, procuring, compelling, soliciting, or engaging in prostitution; corrupting minors (sexual relations with children); molesting; voyeurism; committing sex acts in public; incest; rape; sexual assault; sexual battery; or sexual abuse; but excluding sodomy between consenting adults;
(8)Child abuse or cruelty to children; or
(9)Unlawful distribution or possession of, or possession with intent to distribute, a controlled substance;
(f)A determination that any employee or volunteer who is reasonably expected to come into contact with one or more children has been convicted of, or has admitted to committing, any criminal offense which constitutes a bar to employment or as a result of which the person has been determined to pose a danger, as more fully described above at subsection 313.1(e);
(g)In the case of a Child Development Home, a determination that any person living in the home that houses the Facility has been convicted of, or has admitted to committing, any criminal offense which constitutes a bar to employment or as a result of which the person has been determined to pose a danger, as more fully described above at subsection 313.1(e); or
(h)A determination that an applicant or licensee, or any employee or volunteer who is reasonably expected to come into contact with one or more children, has admitted to or has been found to have abused or neglected a child in the District of Columbia or in any other jurisdiction.
313.2A license suspension, other than a summary suspension, may be for a period not to exceed sixty (60) calendar days.
313.3At or before the end of the suspension period, the Director shall either reinstate the license or initiate procedures for the revocation of the license.
313.4Procedures for revocations, suspensions and denials of licenses shall be in accordance with sections 314, 317 and 318 of this Chapter.