1. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act shall be absolutely and permanently prohibited from having direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed:

01. Abuse of an endangered or impaired person, if felony	§ 5-28-103
02. Arson	§ 5-38-301
03. Capital Murder	§ 5-10-101
04. Endangering the welfare of an incompetent person in the first Degree	§ 5-27-201
05. Kidnapping	§ 5-11-102
06. Murder in the first degree	§ 5-10-102
07. Murder in the second degree	§ 5-10-103
08. Rape	§ 5-14-103
09. Sexual assault in the first degree	§ 5-14-124
10. Sexual assault in the second degree	§ 5-14-125

2. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act shall not be eligible to have direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by a court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed:

01. Criminal attempt to commit any offenses	§ 5-3-201
02. Criminal complicity to commit any offenses	§ 5-3-202
03. Criminal conspiracy to commit any offenses	§ 5-3-401
04. Criminal solicitation to commit any offenses	§ 5-3-301
05. Assault in the first, second, or third degree	§§ 5-13-205 to -207
06. Aggravated assault	§ 5-13-204
07. Aggravated assault on a family or household member	§ 5-26-306
08. Battery in the first, second, or third degree	§§ 5-13-201 to -203
09. Breaking or entering	§ 5-39-202
10. Burglary	§ 5-39-201
11. Coercion	§ 5-13-208
12. Computer crimes against minors	§ 5-27-601 et seq.;
13. Contributing to the delinquency of a juvenile	§ 5-27-220
14. Contributing to the delinquency of a minor	§ 5-27-209
15. Criminal impersonation	§ 5-37-208
16. Criminal use of a prohibited weapon	§ 5-73-104
17. Communicating a death threat concerning a school employee or students	§ 5-17-101
18. Domestic battery in the first, second, or third degree	§§ 5-26-303 to -305

19. Employing or consenting to the use of a child in a sexual performance	§ 5-27-402
20. Endangering the welfare of a minor in the first or second degree	§§ 5-27-205 to -206
21. Endangering the welfare of an incompetent person in the second degree	§ 5-27-202
22. Engaging children in sexually explicit conduct for use in visual or print media	§ 5-27-303
23. False imprisonment in the first or second degree	§§ 5-11-103 to -104
24. Felony abuse of an endangered or impaired person	§ 5-28-103
25. Felony interference with a law enforcement officer	§ 5-54-104
26. Felony violation of the Uniform Controlled Substance Act	§ 5-64-101 et seq.
27. Financial identity fraud	§ 5-37-227
28. Forgery	§ 5-37-201
29. Incest	§ 5-26-202
30. Interference with court-ordered custody	§ 5-26-502
31. Interference with visitation	§ 5-26-501
32. Introduction of controlled substance into the body of another person	§ 5-13-210
33. Manslaughter	§ 5-10-104
34. Negligent homicide	§ 5-10-105
35. Obscene performance at a live public show	§ 5-68-305
36. Offense of cruelty to animals	§ 5-62-103
37. Offense of aggravated cruelty to dog, cat, or horse	§ 5-62-104
38. Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child	§ 5-27-304
39. Sexual solicitation	§ 5-70-103
40. Permanent detention or restraint	§ 5-11-106
41. Permitting abuse of a minor,	§ 5-27-221
42. Producing, directing, or promoting a sexual performance by a child	§ 5-27-403
43. Promoting obscene materials	§ 5-68-303
44. Promoting obscene performance	§ 5-68-304
45. Promoting prostitution in the first, second, or third degree	§§ 5-70-104 to -106
46. Prostitution	§ 5-70-102
47. Public display of obscenity	§ 5-68-205
48. Resisting arrest	§ 5-54-103
49. Robbery	§ 5-12-102
50. Aggravated robbery	§ 5-12-103
51. Sexual offenses	§ 5-14-101 et seq.
52. Simultaneous possession of drugs and firearms	§ 5-74-106
53. Soliciting money or property from incompetents	§ 5-27-229
54. Stalking	§ 5-71-229
55. Terroristic act	§ 5-13-310
56. Terroristic threatening	§ 5-13-301
57. Theft of public benefits	§ 5-36-202

58. Theft by receiving	§ 5-36-106
59. Theft of property	§ 5-36-103
60. Theft of services	§ 5-36-104
61. Transportation of minors for prohibited sexual conduct	§ 5-27-305
62. Unlawful discharge of a firearm from a vehicle	§ 5-74-107
63. Voyeurism	§ 5-16-102

3. A former or future law of this or any other state or of the federal government that is substantially equivalent to one (1) of the offenses listed in the Child Welfare Licensing Act shall be considered as prohibiting.

4. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act, who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed, shall be absolutely disqualified from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency during the period of the person's confinement, probation, or parole supervision (unless the conviction is vacated or reversed).

5. Except as provided under the Child Welfare Agency Licensing Act, a person who has pleaded guilty or nolo contendere to or been found guilty of one (1) of the offenses listed shall not work in a child welfare agency unless:

a. The date of a plea of guilty or nolo contendere or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the record check; and

b. There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request.

6. Except as provided under the Child Welfare Licensing Act:

a. A person who is required to have a criminal records check and who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of their term of confinement, probation, or parole supervision, unless the conviction is vacated or reversed.

b. An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner:

i. The applicant shall petition the board to make a determination that the applicant does not pose a risk of harm to any person;

ii. The applicant shall bear the burden of making such a showing; and

iii. The board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility.

7. The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the board and is not subject to review.