Agency Information Department for Children and Families Prohibitive Crimes

Conditions of Employment Policy
All employees and volunteers providing direct services to agency clients and others identified by the Secretary of DCF are required to obtain and maintain a security clearance as a condition of their employment or volunteer service.  Security clearance may not be granted to any applicant, employee or volunteer who has been convicted of a prohibited crime (or had similar disposition of criminal charges other than a finding of “not guilty” or dismissal of the case) or who has engaged in other prohibited conduct as described below.  For positions requiring a security clearance, DCF reserves the right to disqualify from consideration for employment any individual who has been found to have committed a prohibited crime or engaged in prohibited conduct within the last five (5) years. Prohibited crimes and conduct occurring more than five (5) years ago do not automatically disqualify the applicant, employee or volunteer, but may be considered in determining whether to grant security clearance.

Prohibited Crimes

• abandonment of a child 
• abandonment of a child, aggravated
• abuse of a child
• aiding escape
• altering a legislative document
• arson
• arson, aggravated
• assault
• assault, aggravated
• assault of a law enforcement officer
• assault of a law enforcement officer,  aggravated
• battery
• battery against a law enforcement officer
• battery against a law enforcement officer,  aggravated
• battery, aggravated
• blackmail
• bribery
• burglary
• burglary, aggravated
• criminal damage to property
• criminal restraint
• domestic violence or battery​
  
• endangering a child
• enticement of a child
• forgery
• harassment by telephone
• human trafficking
• identity theft
• incest
• incest, aggravated indecent liberties with a child
• indecent liberties with a child, aggravated
• indecent liberties with a ward
• indecent solicitation of a child
• indecent solicitation of a child, aggravated
• injury to a pregnant woman
• interference with the conduct of public business in a public building
• interference with the conduct of public business in a public building, aggravated
• interference with the custody of a committed person
• intimidation of a witness or victim
• intimidation of a witness or victim, aggravated
• kidnaping
• kidnaping, aggravated
• lewd and lascivious behavior
• making a false writing
• manslaughter, involuntary
• manslaughter, voluntary
• mistreatment of a confined person
• mistreatment of a dependent adult
• murder
• obstructing legal process or official duty
• official misconduct
• perjury
• poisoning, attempted
• possession, possession with intent to sell
• prostitution
• prostitution, promoting
• rape
• robbery
• robbery, aggravated
• sale, manufacture or production of any  drug listed in the Uniform Controlled  Substances Act, K.S.A. 65-4101 et. seq.
• sexual battery
• sexual battery, aggravated
• sexual exploitation of a child
• sodomy, aggravated criminal
• sodomy, criminal
• stalking
• theft
• threat, criminal
• threat, terroristic
• treason
• welfare fraud
  
• or any other related crimes including attempts and conspiracies to commit any of the crimes listed above

A conviction or other disposition of a prohibited crime (including but not limited to entering a diversion agreement; a plea of guilty, no contest or nolo contendere; a finding of guilt on original or reduced charges by a judge or a jury; plea bargaining to lesser charges; being found not guilty by reason of insanity; expungement of conviction) may be considered in determining whether to grant security clearance.  Also, any pending current charges involving a prohibited crime may be considered.

Prohibited Conduct
Other types of convictions may be considered if the conviction bears a substantial relationship to the job duties of the position. Convictions which are titled differently than those on the prohibited crimes list but which encompass the same conduct are also to be considered as prohibited conduct. DCF may also consider administrative findings or pending criminal charges or allegations of welfare fraud, child or adult abuse or termination of parental rights.

 

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