50.03.240 Penalty for Provision of Services - When Applicable

(a) An individual who provides early childhood services to any child, other than a child who is a member of that individual's household, is guilty of a class 3 Offense if:

(1) Those services are provided after that individual is required to register as a sexual offender;

(2) The department has denied that individual's application for licensure, or registration to provide early childhood services or has revoked that individual's license, or registration document to provide early childhood services following a finding that services are required under by this code or other tribal code or regulation and that finding has become final or has not been contested by that individual; or

(3) The individual allows another individual to be in the presence of the child receiving early childhood services if that other individual is required to register as a sexual offender or has had an application for licensure, or registration to provide early childhood services denied or revoked by the department following a finding that services are required under tribal law and that finding has become final or has not been contested by that other individual.

(b) An individual is not guilty of a class 3 offense under paragraphs (2) and (3) of subsection (a) if the department has made a determination that the individual is able to provide care that is free of abuse and neglect, in spite of a finding that services are required under this title.