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Prior knowledge of criminal history allows FSSA to disqualify employment

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The Indiana Court of Appeals Friday concluded that a woman employed by a license-exempt child care ministry in Indianapolis can’t circumvent a prohibition from being employed at any child care ministry by relying on the Indiana Restricted Access Act.

LaSonda Carter served as Rebirth Christian Academy Daycare’s director. She had a prior felony conviction related to controlled substances, which the Indiana Family and Social Services Administration said prevented her from working at Rebirth based on I.C. 35-48-4. The two parties entered into an agreement in August 2010 in which Carter would not be on the premises at any time when children were present, and any certificate of registration to operate the daycare would be terminated if she was found at the center when children were present.

The FSSA learned Carter and Rebirth violated the agreed entry, which led to an amended agreed judgment in which Carter again agreed to stay off the premises when children were present.

Carter had a substantiated report naming her as a perpetrator of child abuse or neglect expunged from her record in 2011, and in 2012 she got an order restricting access to her criminal history. She and the daycare claimed that because her criminal record is now restricted and the child abuse allegation expunged, she could work at Rebirth. The trial court denied dissolving the agreed judgment in August 2012. The daycare’s certification has since been terminated by FSSA for other violations.

“The purpose of the (Restricted Access) Act is not ignored when the FSSA applies the provisions of Indiana Code section 12-17.2-6-14, which prevents the employment by a CCM of certain individuals with disqualifying convictions,” Judge Patricia Riley wrote in Rebirth Christian Academy Daycare, Inc. v. Indiana Family & Social Services Administration, 49A04-1209-MI-467. “Here, Rebirth and the FSSA received information of Carter’s disqualifying conviction for employment at a CCM before Carter applied for a restriction of her criminal record. As such, Rebirth is prohibited from employing Carter and is mandated to keep a record of the criminal history check."

The judges noted that the Act doesn’t impose a retroactive prohibition that would prevent an agency from using its prior knowledge in its determination of future actions.

They also held that because Rebirth initiated a civil action by way of its motion to dissolve and/or modify order in First Amended Agreed Judgment, the FSSA, as the defendant, can use Carter’s entire criminal history as a defense to Rebirth’s claim that Carter has become employable by a child care ministry, based on I.C. 35-38-8-6.

“Based on the circumstances before us, we conclude that the FSSA can use its prior knowledge, established prior to Carter’s restriction of her criminal history, to disqualify Carter from being employed by a CCM,” she wrote.

 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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