Our client, the owner and operator of a family day care, was threatened with license revocation because of a criminal conviction suffered by her husband that occurred at the family home.  The husband plead guilty to domestic violence against our client.  The Department of Social Services, Community Care Licensing, refused to grant the husband a criminal record exemption so that he could be inside the home where the family day care operated, and elected to pursue disciplinary action against the licensee’s day care, even though the husband had already moved out of the home!

To fight this injustice, we had to take the client’s matter to an administrative hearing at the Office of Administrative Hearings, where we argued on behalf of the husband, to earn the exemption to be in the home, and the wife, to keep the day care open.  Both cases were successful — the Accusation was dismissed against the facility, which was allowed to remain open with no interruption and no disciplinary record, and the husband’s criminal record clearance was granted on a probationary basis, allowing him to return home to the facility.

As with all of our cases, this case does not represent a warranty or prediction about your individual case.  However, it does illustrate that even where a state agency refuses to settle a case and seeks discipline against your state license at a hearing, it is possible to have success and vindicate your professional reputation, as long as you make a strong, legally appropriate showing of innocence or rehabilitation.  The Department adopted the judge’s recommendations, and the client is now operating freely.