Licenses and permits – Family child care – Spouse

Listen to this article

Where a petitioner’s application for a family child care license was denied by the Department of Early Education based on her husband’s 2015 criminal convictions related to the unlawful possession of a firearm, the department should reconsider its decision and find the petitioner’s husband to be a suitable household member because there have not been any firearms at the home since the conviction over 10 years ago and none are likely to be present in the future.

“… The Department presented one witness, Edward Riggs, a background check reviewer. …

“… The convictions here are over 10 years old (and the conduct itself almost 12 years old). The Petitioner’s husband has steered his life in the right direction after his release from prison. He has not had any other criminal charges, he works full-time, and he and his wife are very involved in their church community. At some point, the passage of time alone should be enough to warrant a finding that he is qualified. … Without deciding how much time is enough to leave the past in the past, the Petitioner and her husband provided credible evidence to assuage Mr. Riggs’ main concern about whether there might be firearms in the home today. I credit their testimony that there have not been firearms present since the charges, there are not any now, and there will not be any in the future. That, coupled with the fact the Petitioner’s husband will not play a role in the direct care of the children, is enough to find the Petitioner has proven by clear and convincing evidence that her husband is a suitable household member. …

“I recommend EEC’s decision be reversed and it find the Petitioner’s husband is a qualified household member.”

Y.A. v. Department of Early Education and Care (Lawyers Weekly No. 27-160-25) (7 pages) (Tennen, Administrative Magistrate) (Division of Administrative Law Appeals) Y.A., pro se; Leah Potash for the respondent (Docket No. OC-25-0402) (Dec. 9, 2025).

Click here to read the full text of the opinion.